WSR 16-08-058
(Aging and Long-Term Support Administration)
[Filed April 4, 2016, 9:21 a.m.]
Subject of Possible Rule Making: The department is considering amending chapter 388-71 WAC, Home and community services and programs; chapter 388-106 WAC, Long-term care services; and other related rules as may be required.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090, 74.09.520.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In the Home Care Association of America, et. al. v. David Weil, et al. decision by the United States Court of Appeals, United States, for the District of Columbia, the court upheld new United States Department of Labor overtime rules. The new rules may require the department to pay overtime to individual providers who work more than forty hours per week. In order to ensure the cost-effective use of state funds and to maximize effective use of limited resources, the department is considering the adoption of rules related to the implementation of overtime. The rules may include, but are not be limited to, rules that (1) change the allocation of personal care hours from a monthly basis to a weekly basis; (2) describe requirements related to payment for travel time and training; (3) describe DSHS client and IP responsibilities; (4) describe how the department will respond when contractors submit invoices for services that exceed the weekly authorization; and (5) are necessary to implement payment of overtime in an effective and cost-effective manner.
For the purpose of clarity, the proposed rules may define terms that are currently used, or will be used, in chapters 388-71 and 388-106 WAC.
Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Angel Sulivan, ALTSA/Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2495, fax (360) 438-8633, TTY (360) 493-2637, e-mail
March 31, 2016
Katherine I. Vasquez
Rules Coordinator