Subject of Possible Rule Making: WAC 388-96-738 What default case mix group and weight must the department use for case mix grouping when there is no minimum data set resident assessment for a nursing facility resident?, 388-96-739 How will the department determine which resident assessments are medicaid resident assessments?, and other sections as needed.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.46.431(9).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department adopted case mix 3.0 per the direction of the legislature in RCW 74.46.485. Many rules require updating to be in line with case mix 3.0.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     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 Elizabeth Pashley, phone (360) 725-2447, fax (360) 725-2641, TTY 1-877-905-0454, e-mail Elizabeth.Pashley@dshs.wa.gov.

February 5, 2013

Katherine I. Vasquez

Rules Coordinator