Effective Date of Rule: October 28, 2009.

     Purpose: The department is amending WAC 388-825-068 What medicaid state plan services can DDD authorize?, on an emergency basis to maintain consistency with changes being made to chapters 388-106 and 388-71 WAC as a result of 2009 litigation.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-825-068.

     Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.040.

     Other Authority: Washington state 2009-11 budget (ESHB 1244), section 205 (1)(j); and Social Security Act section 1915 (i).

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: This emergency rule implements changes made to adult day health in the medicaid state plan as of June 30, 2009, and the services changes made by the legislature in ESHB 1244, section 205 (1)(j).

     An initial public notice was filed March 10, 2009, as WSR 09-07-039. The department proposed the rule as WSR 09-15-161 and held a public hearing on August 25, 2009, and received no public comment.

     The department filed an initial emergency as WSR 09-14-084 on June 30, 2009. The department is requesting to have this emergency rule extended pending the outcome of litigation. For the current status of the litigation contact Meredith Kelly at (360) 725-3524.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: October 9, 2009.

Stephanie E. Vaughn

Rules Coordinator

     (1) Medicaid personal care, per chapter 388-106 WAC;

     (2) Private duty nursing for adults age eighteen and older; per chapter 388-106 WAC;

     (3) Private duty nursing for children under the age of eighteen, per WAC 388-551-3000;

     (4) Adult day health for adults, per chapter 388-106 WAC ((388-106-0810 and 388-106-0815)); and

     (5) ICF/MR services, per chapters 388-835 and 388-837 WAC.

((Medicaid State Plan Services))
((Adult day health ICF/MR services Medically intensive home care program for children Private duty nursing for adults))	((Medicaid personal care • In-home • Adult family home • Adult residential care))

[Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. 08-11-072, § 388-825-068, filed 5/19/08, effective 6/19/08.]

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