PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-11-084.
Title of Rule and Other Identifying Information: Revises and adopts the WACs cited below to grant administrative hearing rights to clients whose total monthly hours or residential rate is reduced as a result of a termination or reduction in an approved exception to rule.
Amending WAC 388-106-0140 What may change the maximum number of hours that I can receive for in-home personal care services?; and new WAC 388-106-0145 What may change the maximum payment rate that will be paid for residential personal care services provided to me? and 388-106-1315 Do I have a right to an administrative hearing if my total in-home personal care hours approved as an exception to rule are reduced or terminated or if my increased residential payment rate approved as an exception to rule is reduced or terminated?
Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on November 21, 2006, at 10:00 a.m.
Date of Intended Adoption: Not earlier than November 22, 2006.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., November 21, 2006.
Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by November 17, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules are necessary to provide clients with administrative hearing rights when their total in-home personal care hours or residential payment rate is reduced as a result of a reduced or terminated exception-to-rule decision.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, chapters 74.39, and 74.39A RCW.
Statute Being Implemented: RCW 74.08.090, 74.09.520, chapters 74.39, and 74.39A RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sue McDonough, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2533.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rules and determined that no new costs will be imposed on small businesses or nonprofits.
A cost-benefit analysis is not required under RCW 34.05.328. WAC 388-106-1315 is a "procedural" rule under RCW 34.05.328 (5)(c) that "adopts, amends, or repeals... any procedure, practice, or requirement relating to any agency hearings."
WAC 388-106-0140 and 388-106-0145 are exempt, per RCW 34.05.328 (5)(b)(vii), since they relate to client medical or financial eligibility.
October 12, 2006
Andy Fernando, Manager
Rules and Policies Assistance Unit
3799.2 (1) When you have a change in any of the criteria listed
in WAC 388-106-0125 and/or 388-106-0130((, the maximum hours
you can receive will change)); or
(2) Because you meet the criteria in WAC 388-440-0001, an exception to rule is approved by the department for in-home personal care hours in excess of the amount determined to be available to you by the CARE tool.
[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-0140, filed 5/17/05, effective 6/17/05.]
(1) When you have a change in any of the criteria listed in WAC 388-106-0115 and/or WAC 388-106-0120; or
(2) Because you meet the criteria in WAC 388-440-0001, an exception to rule is approved by the department for a payment rate for your residential personal care services in excess of the rate determined to be applicable to you by the CARE tool.
[]
3663.3(1) You receive services in your own home, and:
(a) The total number of in-home personal care hours you are currently receiving includes in-home personal care hours approved as an exception to rule in addition to the number of in-home care hours determined to be available to you by CARE; and
(b) The total number of in-home personal care hours you are currently receiving is reduced because of a reduction or termination in the number of in-home personal care hours approved as an exception to rule.
(2) You receive services in a residential facility, and:
(a) You currently have an increased residential payment rate approved as an exception to rule; and
(b) Your increased residential payment rate that was approved as an exception to rule is reduced or terminated.
[]