WSR 18-24-117

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Developmental Disabilities Administration)

[Filed December 5, 2018, 8:56 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 18-19-107.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-845-1615 Who may be qualified providers of respite care?

Hearing Location(s): On January 8, 2019, at 10:00 a.m., at Office Building 2, Department of Social and Health Service (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.

Date of Intended Adoption: Not earlier than January 9, 2019.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., January 8, 2019.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by December 24, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules require homecare agencies to be contracted with the area agencies on aging.

Reasons Supporting Proposal: These amendments align with waiver amendments approved by the Centers for Medicare and Medicaid Services (CMS). Under 42 C.F.R. 441.302 (a)(2), the department must provide to CMS assurances that the standards of state licensure or certification requirements are met for services or for individuals furnishing services that are provided under the waiver. Waiver amendments recently approved by CMS require home care agencies to be contracted with the area agencies on aging. To enforce this requirement, and thus provide the assurances required under federal regulations, the developmental disabilities administration must add this requirement to WAC 388-845-1615.

Statutory Authority for Adoption: RCW 71A.12.030.

Statute Being Implemented: RCW 71A.12.030, 71A.12.120, 42 C.F.R. 441.302.

Rule is necessary because of federal law, 42 C.F.R. 441.302.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Ann Whitehall, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1551.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4) because the rules do not impose new costs.

Explanation of exemptions: The proposed amendments impose no new or disproportionate costs on small businesses so a small business economic impact statement is not required.

November 29, 2018

Katherine I. Vasquez

Rules Coordinator