WSR 99-23-080

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed November 16, 1999, 9:55 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-15-066.

Title of Rule:


Proposed Action Title of Rule Statutory authority for adoption Statute being implemented
New 388-71-400 What is the intent of the department's home and community programs? RCW 74.09.520, 74.08.090, 74.39A.130 RCW 74.39.010, 74.39A.110
New 388-71-405 What are the home and community programs? RCW 74.09.520, 74.08.090, 74.39A.130 RCW 74.39.010, 74.39A.110
New 388-71-410 What services may I receive under HCP? RCW 74.08.090, 74.39.010, 74.09.520 RCW 74.39.010, 74.09.520
New 388-71-415 What other services may I receive under the COPES program? RCW 74.08.090, 74.39.020 RCW 74.39.020
New 388-71-420 What services are not covered under HCP? RCW 74.09.520, 74.08.090, 74.39A.130 RCW 74.39.020
New 388-71-425 Who can provide HCP services? Chapter 175, Laws of 1999, chapters 70.126, 70.127 RCW, RCW 74.08.044 Chapter 175, Laws of 1999, chapters 70.126, 70.127 RCW, RCW 74.08.044
New 388-71-430 Am I eligible for one of the HCP programs? RCW 74.39.010, 74.08.090, 74.39A.110, 74.09.520 RCW 74.39.010, 74.08.090, 74.39A.110, 74.09.520
New 388-71-440 Am I eligible for MPC-funded services? RCW 74.09.520 RCW 74.09.520
New 388-71-445 Am I eligible for Chore-funded services? RCW 74.39A.110, 74.39A.150 RCW 74.39A.110, 74.39A.150
New 388-71-450 How do I remain eligible for services? 42 C.F.R. 441.302, RCW 74.09.520 C.F.R. 42.441.302, RCW 74.09.520
New 388-71-455 Can my services be terminated if eligibility requirements for HCP change? RCW 74.09.510, 74.09.520 RCW 74.09.510, 74.09.520
New 388-71-460 Are there limitations to HCP services I can receive? RCW 74.09.520 RCW 74.09.520
New 388-71-465 Are there waiting lists for HCP services? RCW 74.39.010, 74.39A.120 RCW 74.39.010, 74.39A.120
New 388-71-470 Who pays for HCP services? RCW 74.39A.120, 74.39.010, 74.39.020 RCW 74.39A.120, 74.39.010, 74.39.020
New 388-71-475 What is the maximum amount that the department pays per month for your COPES care? RCW 74.08.090 42 C.F.R. 441.302(f)
New 388-71-480 If I am employed, can I still receive HCP services? RCW 74.39A.140, 74.39A.150 RCW 74.39A.140, 74.39A.150
New 388-71-600 What are residential services? RCW 74.08.44 [74.08.044] RCW 74.39A.020, 74.39A.010
New 388-71-605 Am I eligible for residential services? RCW 74.08.44 [74.08.044] RCW 74.39A.020, 74.39A.010
New 388-71-610 Who pays for residential care? RCW 74.08.44 [74.08.044] RCW 74.39A.020, 74.39A.010
New 388-71-615 If I leave a residential facility or nursing facility, are there resources available? RCW 74.42.450, 74.08.090 RCW 74.42.450
New 388-71-620 Am I eligible for a residential discharge allowance? RCW 74.42.450, 74.08.090 RCW 74.42.450
New 388-71-1000 What is the senior citizens act? RCW 74.38.030 RCW 74.38.030
New 388-71-1005 Who administers the senior citizens services act funds? RCW 74.38.030 RCW 74.38.030
New 388-71-1010 What services does the SCSA fund? RCW 74.38.030 RCW 74.38.040
New 388-71-1015 How do I apply for SCSA-funded services? RCW 74.38.030 RCW 74.38.050, 74.38.030
New 388-71-1020 Am I eligible for SCSA-funded services? RCW 74.38.030 RCW 74.38.050
New 388-71-1025 What income and resources are not considered when determining eligibility? RCW 74.38.030 RCW 74.38.030
New 388-71-1030 What if I am not eligible to receive SCSA-funded services at no cost? RCW 74.38.030 RCW 74.38.030, 74.38.050
New 388-71-1035 What are my rights under this program? RCW 74.38.030 RCW 74.38.030
New 388-71-1065 What is the purpose of the respite care program? RCW 74.41.040 RCW 74.41.040
New 388-71-1070 What definitions apply to respite care services? RCW 74.41.040 RCW 74.41.030
New 388-71-1075 Who is eligible to receive respite care services? RCW 74.41.040 RCW 74.41.050
New 388-71-1080 Who may provide respite care services? RCW 74.41.040 RCW 74.41.050
New 388-71-1085 How are respite care providers reimbursed for their services? RCW 74.41.040 RCW 74.41.050
New 388-71-1090 Are participants required to pay for the cost of their services? RCW 74.41.040 RCW 74.41.040
New 388-71-1095 Are respite care services always available? RCW 74.41.040 RCW 74.41.050
New 388-71-1100 What is volunteer chore services? RCW 74.08.090, 74.09.520, 74.39A.030, 74.39A.100 RCW 74.08.090, 74.09.520, 74.39A.030, 74.39A.100
New 388-71-1105 Am I eligible to receive volunteer chore services? RCW 74.08.090, 74.09.520, 74.39A.030, 74.39A.100 RCW 74.08.090, 74.09.520, 74.39A.030, 74.39A.100
New 388-71-1110 How do I receive information on applying for volunteer chore services? RCW 74.08.090, 74.09.520, 74.39A.030, 74.39A.100 RCW 74.08.090, 74.09.520, 74.39A.030, 74.39A.100
Repeal 388-15-145 Residential care discharge allowance
Repeal 388-15-200 Health support services
Repeal 388-15-201 Long-term care functional eligibility
Repeal 388-15-206 Volunteer chore services
Repeal 388-15-207 Chore personal care services for adults -- Legal basis
Repeal 388-15-209 Chore personal care services -- Eligibility
Repeal 388-15-214 Chore personal care services -- Budget control
Repeal 388-15-215 Chore personal care services -- Program limitations
Repeal 388-15-219 Chore personal care services -- Payment and client participation
Repeal 388-15-222 Chore personal care services -- Employed disabled--Incentive income and resource exemption
Repeal 388-15-548 Residential services
Repeal 388-15-551 Adult family home -- authority to purchase care -- Standards
Repeal 388-15-553 Adult family home -- Determination of need
Repeal 388-15-554 Adult family home -- Placement in facility
Repeal 388-15-555 Adult family home -- Payment -- Standards -- Procedures
Repeal 388-15-560 Congregate care -- Definition -- Authority to purchase care -- Standards
Repeal 388-15-562 Congregate care -- Eligible persons
Repeal 388-15-563 Congregate care -- Residents of other states
Repeal 388-15-564 Congregate care -- Determination of need
Repeal 388-15-566 Congregate care -- Placement in facility
Repeal 388-15-568 Congregate care--Payment -- Standards -- Procedures
Repeal 388-15-600 Community options program entry system (COPES) -- Purpose
Repeal 388-15-620 COPES -- Services
Repeal 388-15-630 COPES -- Payment procedures
Repeal 388-15-690 Respite care services -- Definitions
Repeal 388-15-695 Respite care services -- Caregiver eligibility
Repeal 388-15-700 Respite care services -- Distribution of cost
Repeal 388-15-705 Respite care services -- Rates of payment
Repeal 388-15-710 Respite care services -- Service priorities
Repeal 388-15-715 Respite care services -- Service priority categories
Repeal 388-15-810 Medicaid personal care services -- Legal basis
Repeal 388-15-830 Medicaid personal care services -- Eligibility
Repeal 388-15-880 Medicaid personal care services -- Payment procedures
Repeal 388-15-890 Medicaid personal care services -- Program limitations
Repeal 388-15-895 Termination of services
Repeal 388-17-010 Legal basis for senior citizens services program
Repeal 388-17-020 Definitions
Repeal 388-17-100 Rights and responsibilities of applicants and recipients
Repeal 388-17-120 Eligibility for senior citizens services -- Application
Repeal 388-17-160 Income and resources
Repeal 388-17-180 Fee schedule
Repeal 388-17-500 Local area agency on aging contracts -- Administrative review process
Repeal 388-17-510 Area agency on aging plan -- Administrative review process

Purpose: The department is rewriting rules to comply with the clear writing standards, per the Governor's Executive Order 97-02. These rules have been rewritten to clarify and simplify language without making any policy changes.

Statutory Authority for Adoption: See Purpose above.

Statute Being Implemented: See Purpose above.

Summary: Repeals rules about social services for adults, which are currently listed in chapters 388-15 and 388-17 WAC, and proposes them as part of a new chapter, chapter 388-71 WAC.

Reasons Supporting Proposal: Governor's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Brooke Buckingham, 600 Woodland Square Loop, Lacey, WA, (360) 493-2544.

Name of Proponent: Department of Social and Health Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Current rules for Medicaid-funded services under the COPES (community options program entry system), MPC (Medicaid personal care), and chore personal care programs; residential care services program; residential care discharge allowance; Senior Citizens Services Act; respite care program; and volunteer chore program are being rewritten to meet clear rule writing standards. New rules will be adopted in chapter 388-71 WAC.

Proposal Changes the Following Existing Rules: We are repealing sections of chapters 388-15 and 388-17 WAC and adopting new rules on this subject in chapter 388-71 WAC. The following rules are being repealed: WAC 388-15-145 Residential care discharge allowance, 388-15-200 Health support services, 388-15-201 Long-term care functional eligibility, 388-15-206 Volunteer chore services, 388-15-207 Chore personal care services for adults -- Legal basis, 388-15-209 Chore personal care services -- Eligibility, 388-15-214 Chore personal care services -- Budget control, 388-15-215 Chore personal care services -- Program limitations, 388-15-219 Chore personal care services -- Payment and client participation, 388-15-222 Chore personal care services -- Employed disabled -- Incentive income and resource exemption, 388-15-548 Residential services, 388-15-551 Adult family home -- Authority to purchase care -- Standards, 388-15-552 Adult family home -- Eligible persons, 388-15-553 Adult family home -- Determination of need, 388-15-554 Adult family home -- Placement in facility, 388-15-555 Adult family home -- Payment -- Standards -- Procedures, 388-15-560 Congregate care -- Definition -- Authority to purchase care -- Standards, 388-15-562 Congregate care -- Eligible persons, 388-15-563 Congregate care -- Residents of other states, 388-15-564 Congregate care -- Determination of need, 388-15-566 Congregate care -- Placement in facility, 388-15-568 Congregate care -- Payment -- Standards -- Procedures, 388-15-600 Community options program entry system (COPES) -- Purpose, 388-15-620 COPES -- Services, 388-15-630 COPES -- Payment procedures, 388-15-690 Respite care services -- Definitions, 388-15-695 Respite care services -- Caregiver edibility, 388-15-700 Respite care services -- Distribution of cost, 388-15-705 Respite care services -- Rates of payment, 388-15-710 Respite care services -- Service priorities, 388-15-715 Respite care services -- Service priority categories, 388-15-810 Medicaid personal care services -- Legal basis, 388-15-830 Medicaid personal care services -- Eligibility, 388-15-880 Medicaid personal care services -- Payment procedures, 388-15-890 Medicaid personal care services -- Program limitations, 388-15-895 Termination of services, 388-17-010 Legal basis for senior citizens services program, 388-17-020 Definitions, 388-17-100 Rights and responsibilities of applicant and recipients, 388-17-120 Eligibility for senior citizens services -- Application, 388-17-160 Income and resources, 388-17-180 Fee schedule, 388-17-500 Local areas agency on aging contracts -- Administrative review process, and 388-17-510 Area agency on aging plan -- Administrative review process.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the rule does not impact small businesses.

RCW 34.05.328 does not apply to this rule adoption. The proposed amendments do not change the effect of the policy. Rules do meet the definition of "significant legislative rule," but the department is exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on January 4, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by December 21, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by January 4, 2000.

Date of Intended Adoption: January 20, 2000.

November 10, 1999

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 99-24 issue of the Register.

Washington State Code Reviser's Office