WSR 03-13-052



(Aging and Disability Services Administration)

[ Filed June 12, 2003, 4:23 p.m. ]

Date of Adoption: June 6, 2003.

Purpose: The purpose of these amendments is: (1) To amend rules within chapter 388-71 WAC and adopt new WAC 388-515-1540 to establish the medically needy residential waiver (MNRW) program; and (2) to amend, clarify, and reorganize COPES rules to comply with the Governor's Executive Order 97-02 and the Secretary's Order on Regulatory Improvement; and reflect changes in program requirements and/or options.

SHB 1341 (chapter 269, Laws of 2001) authorizes DSHS to develop a new waiver program for individuals in need of long-term care services in the community. The legislation specifically requires the department to adopt rules to establish eligibility criteria, applicable income standards, and specific waiver services to be provided. This change is also necessary to reflect amendments to the COPES waiver.

This amendment is necessary to implement two-year old legislation and will result in budget savings, will afford clients choice in their long-term care, and will result in more efficient care and increased service delivery, making it consistent with the preservation of public health and general welfare. This new program will allow individuals who cannot afford community residential care and who do not wish to go into a nursing facility, access to long-term care that they could otherwise not afford. For the past two years, many individuals in Washington state have gone into nursing facilities because they had no other choice for receiving care. Not only did this eliminate client choice, but it cost the state more to care for these individuals. DSHS has been waiting for CMS approval to implement this program and just recently received it. We are not expecting any opposition to this rule and many clients have been waiting for this opportunity for years. When effective these permanent rules will supersede and replace emergency rules filed as WSR 03-13-007.

Citation of Existing Rules Affected by this Order: Amending WAC 388-71-0194, 388-71-0202, 388-71-0203, 388-71-0405, 388-71-0410, 388-71-0415, 388-71-0420, 388-71-0425, 388-71-0430, 388-71-0435, 388-71-0442, 388-71-0445, 388-71-0465, 388-71-0470, 388-71-0480, 388-71-0600, 388-71-0605, and 388-71-0610.

Statutory Authority for Adoption: SHB 1341 (chapter 269, Laws of 2001), RCW 74.09.700 and chapter 74.39 RCW, RCW 74.08.090, 74.04.050, and 74.09.575.

Adopted under notice filed as WSR 03-09-042 on April 8, 2003.

Changes Other than Editing from Proposed to Adopted Version: Technical changes made to WAC 388-71-0410 and 388-71-0420. These changes do not alter the scope or purpose of the previous amendments, but clarify the language. Also, a cross-reference was added to WAC 388-71-0442 to include a portion of the CARE assessment tool WAC as a reference. Amended WAC 388-71-0460 was withdrawn from rules proposed as WSR 03-09-042.

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 1, Amended 18, 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 0.

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 1, Amended 18, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

June 6, 2003

Brian H. Lindgren, 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 03-14 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office