WSR 98-20-023

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Adult Services Administration)

[Filed September 25, 1998, 2:42 p.m., effective October 1, 1998]



Date of Adoption: September 25, 1998.

Purpose: In 1998, the legislature passed E2SHB 2935 that amended chapter 74.46 RCW. The bill changed the title of chapter 74.46 RCW and the method for determining Medicaid rates for nursing facilities. Formerly known as "The Nursing Home Auditing and Cost Reimbursement Act of 1980," the new title of chapter 74.46 RCW is "The Nursing Facility Medicaid Payment System." In response to E2SHB 2935, the Office of Rates Management (ORM) proposed changes to chapter 388-96 WAC to implement the new system for setting nursing facility Medicaid rates. In addition, to comply with the principles of regulatory reform, ORM repealed sixty-one sections of chapter 388-96 WAC for being redundant or unnecessary.

Citation of Existing Rules Affected by this Order: See Reviser's Note following.

Statutory Authority for Adoption: See Reviser's Note following.

Adopted under notice filed as WSR 98-15-141 on July 22, 1998.

Changes Other than Editing from Proposed to Adopted Version: See Reviser's Note following.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 22, amended 22, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 62.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 22, amended 22, repealed 62.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Under RCW 34.05.380(3)(a) an earlier effective date than thirty-one days from filing is permissible if such action is required by the state or federal Constitution, a statute, or court order. E2SHB 2935 amending chapter 74.46 RCW passed and signed in April of 1998 requires a new Medicaid nursing facility payment system be in effect October 1, 1998. The changes to chapter 388-96 WAC implement the new Medicaid nursing facility payment system.

Effective Date of Rule: October 1, 1998

September 25, 1998

Marie Myerchin-Redifer, 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 98-22 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office