WSR 04-14-099

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed July 6, 2004, 4:18 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-09-089 and 04-01-087.

     Title of Rule and Other Identifying Information: Chapter 388-72A WAC, Comprehensive assessment reporting and evaluation (CARE) tool.

     Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA, on September 7, 2004, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than September 8, 2004.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., September 7, 2004.

     Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by September 3, 2004, TTY (360) 664-6178 or (360) 664-6097.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending and adding new sections to chapter 388-72A WAC, Comprehensive assessment and reporting evaluation (CARE) tool, to update program rules, update references, incorporate the CARE algorithm in rule, and incorporate CARE assessment criteria for children receiving state plan Medicaid personal care (MPC) services.

     The CR-102 filed as WSR 04-11-086 has been withdrawn, and language from that proposed rule pertaining to children receiving state plan MPC (Medicaid personal care) services has been incorporated in these proposed rules.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, 74.39A.095.

     Statute Being Implemented: RCW 74.08.090, 74.09.520, 74.39A.090, 74.39A.095.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Social and Health Services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Brooke Buckingham, P.O. Box 45600, Olympia, WA 98504-5600, (425) 670-6485.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the rules and determined that no new costs will be imposed on businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule is exempt by RCW 34.05.328 (5)(b)(vii), rules relating to client medical eligibility. The CARE tool and algorithm in the proposed rule are used to determine clients' eligibility for medical long-term care services in home and community-based settings.

July 1, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-16 issue of the Register.

Legislature Code Reviser 

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