Subject of Possible Rule Making: (1) Nursing facility (NF) direct care rates for residents who have unmet exceptional care needs; (2) exceptional care payments for therapy care provided to NF residents under age sixty-five and not eligible for Medicare and who can achieve significant progress in functioning when provided with intensive therapy care services; and (3) criteria for designating which nursing facilities will be certified to provide the exceptional therapy care.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Enrollment SHB 2152, chapter 181, Laws of 1999.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: For unmet exceptional care needs, the department by rule will establish criteria, patient categories, and methods of direct care rate payments. Also, the department will adopt rules implementing a system of exceptional care payments for therapy care to no more than twelve NFs that have demonstrated excellence in therapy care. The department will adopt in rule criteria to determine whether an NF has demonstrated excellence in therapy care.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rule(s). Anyone interested in participating should contact the staff person indicated below. After the rule(s) is drafted, DSHS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and send a copy to everyone currently on the mailing list and anyone else 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 Patricia Hague by phone (360) 753-0631, fax (360) 586-5923, e-mail haguepe@dshs.wa.gov or write Office of Rates Management, Mailstop 45600, Olympia, WA 98504-5600.

May 24, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

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