WSR 97-12-082

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Public Assistance)

[Filed June 4, 1997, 10:35 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-06-072.

Title of Rule: WAC 388-96-010, 388-96-224, 388-96-505, 388-96-534, 388-96-553, 388-96-554, 388-96-559, 388-96-565, 388-96-585, 388-96-709, 388-96-719, 388-96-735, 388-96-745(7), 388-96-754, 388-96-774, and 388-96-776.

Purpose: WAC 388-96-010, define intangible assets. Removes numbering system and makes other editorial changes to specific definitions.

WAC 388-96-224, in nonaudit years, clarifies desk reviewed allowable costs are used to compute the final statement.

WAC 388-96-505, add refunds of any allowable cost as an example of financial benefit that must be offset against allowable costs in year of receipt.

WAC 388-96-534, clarifies effective dates of a JCADs and reduces the time for a revision from ninety days to thirty days.

WAC 388-96-553, raises limit on depreciable assets to $750; deletes subsections (3), (4) and (5); and moves (6) to WAC 388-96-565.

WAC 388-96-554, changes limit to $750 and removes subsections (3) and (4).

WAC 388-96-559, implement 1997 legislation on establishing land value; define depreciable assets and land value when builder sells new nursing facility before operating it.

WAC 388-96-565, adds subsection (6) from WAC 388-96-553 and implements 1997 legislative changes.

WAC 388-96-585, revises subsection (2)(j) Bad debts, limits the time to request compensation from date the bad debt occurred. Revises subsection (2)(w), removes "in terms of costs to employees and benefits commensurate to such costs." Revises subsection (2)(gg), lists bed rights as an example of intangible assets that are not used in patient care.

WAC 388-96-709, 388-96-719 and 388-96-735, implements 1997 amendment to RCW on method for determining anticipated days. Implements 1997 amendment to RCW on occupancy level for new facilities. Edit changes.

WAC 388-96-745(7), removes actual tables from Marshall Swift and makes a reference to the latest published Marshall Swift. Implements 1997 amendment to RCW on anticipated days when beds are reduced or increased.

WAC 388-96-754, implements 1997 amendment to RCW on anticipated days when beds are reduced or increased.

WAC 388-96-774, implements 1995 legislative limit on current funding.

WAC 388-96-776, implements 1997 amendment to RCW that allows current funding of real estate taxes that result from renovations.

Statutory Authority for Adoption: For WAC 388-96-010 and 388-96-735 is RCW 74.46.800; for WAC 388-96-224 is RCW 74.46.150, [74.46.]160, [74.46.]170 and [74.46.]800; for WAC 388-96-505 is RCW 74.46.200 and 74.46.800; for WAC 388-96-534 is RCW 74.46.270 and [74.46.]800; for WAC 388-96-553, 388-96-554 and 388-96-565 is RCW 74.46.310, [74.46.]320, [74.46.]330 and [74.46.]800; for WAC 388-96-559 is RCW 74.46.360 and [74.46.]800; for WAC 388-96-585 is RCW 74.46.190, [74.46.]460 and [74.46.]800; for WAC 388-96-709 is RCW 74.46.510 and [74.46.]800; for WAC 388-96-719 is RCW 74.46.430 and [74.46.]800; for WAC 388-96-745(7) is RCW 74.46.800 and 74.46.530; for WAC 388-96-754 is RCW 74.46.530 and [74.46.]800; for WAC 388-96-774 is RCW 74.46.460 and [74.46.]800; and for WAC 388-96-776 is RCW 74.46.465 and [74.46.]800.

Statute Being Implemented: Chapter 74.46 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Patricia Hague, P.O. Box 45600, Lacey, WA 98503, (360) 493-2969; Implementation: Paul Montgomery, P.O. Box 45600, Lacey, WA 98503, (360) 493-2587; and Enforcement: Denise Gaither, P.O. Box 45600, Lacey, WA 98503, (360) 493-2525.

Name of Proponent: The Department of Social and Health Services, Aging and Adult Services Administration, Management Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small businesses will be impacted by the revisions to chapter 388-96 WAC.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Social and Health Services is not a named agency within RCW 34.05.328 (5)(a)(i).

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-A, Lacey, WA 98503, on August 5, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin by July 27, 1997, TDD (360) 902-8324, or (360) 902-7540.

Submit Written Comments to: Leslie Baldwin, Department of Social and Health Services, Rules Coordinator, P.O. Box 45800, Olympia, WA 98504, FAX (360) 902-8292, by August 5, 1997.

Date of Intended Adoption: No sooner than August 6, 1997.

June 3, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit