EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Date of Adoption: February 6, 2003.
Purpose: To amend rules within chapter 388-71 WAC (see Citation of Existing Rules below) and adopt new WAC 388-515-1540 to establish the medically needy residential waiver (MNRW) program. Amending, clarifying, and reorganizing community options program entry system rules to:
• Comply with the Governor's Executive Order 97-02 and the DSHS Secretary's Order on Regulatory Improvement; and
• Reflect changes in program requirements and/or options.
EHB 1341 (chapter 269, Laws of 2001) authorizes DSHS to develop a new waiver program for individuals in need of long-term care services in the community. The legislation specifically requires the department to adopt rules to establish eligibility criteria, applicable income standards, and specific waiver services to be provided. This change is also necessary to reflect amendments to the COPES waiver.
This amendment is necessary to implement two-year old legislation and will result in budget savings, will afford clients choice in their long-term care, and will result in more efficient care and increased service delivery, making it consistent with the preservation of public health and general welfare. This new program will allow individuals who cannot afford community residential care and who do not wish to go into a nursing facility, access to long-term care that they could otherwise not afford. For the past two years, many individuals in Washington state have gone into nursing facilities because they had no other choice for receiving care. Not only did this eliminate client choice, but it cost the state more to care for these individuals. DSHS has been waiting for CMS approval to implement this program and has just received it. We are not expecting any opposition to this rule and many clients have been waiting for this opportunity for years.
Citation of Existing Rules Affected by this Order: New section WAC 388-71-0442; and amending WAC 388-71-0194, 388-71-0202, 388-71-0203, 388-71-0405, 388-71-0410, 388-71-0415, 388-71-0420, 388-71-0425, 388-71-0430, 388-71-0435, 388-71-0445, 388-71-0460, 388-71-0465, 388-71-0470, 388-71-0480, 388-71-0600, 388-71-0605, and 388-71-0610.
Statutory Authority for Adoption: SHB 1341 (chapter 269, Laws of 2001), RCW 74.09.700, chapter 74.39 RCW, RCW 74.08.090, 74.04.050, and 74.09.575.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This amendment is necessary to implement immediate budget savings, will afford clients choice in their long-term care, and will result in more efficient care and increased service delivery, making it consistent with the preservation of public health and general welfare. DSHS has been waiting for CMS approval to implement this program and has just received it. This new program will allow individuals who cannot afford community residential care and who do not wish to go into a nursing facility, access to long-term care that they could otherwise not afford. For the past two years, many individuals in Washington state have gone into nursing facilities because they had no other choice for receiving care. Not only did this eliminate client choice, but it cost the state more to care for these individuals.
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 1, Amended 19, 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 1,
Amended 19,
Repealed 0.
Effective Date of Rule:
March 17, 2003.
February 6, 2003
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 03-06 issue of the Register.