PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-16-019.
Title of Rule: Amendments to WAC 388-71-0465 Are there waiting lists for HCP?
Purpose: Amending WAC 388-71-0465 Are there waiting lists for home and community program (HCP) services, to:
• Create a waiting list in accordance with caseload limits, as determined by legislative funding; and
• Determine rank and priority of waiting list for nursing home residents and clients living in the community.
Statutory Authority for Adoption: RCW 74.39.041.
Statute Being Implemented: RCW 74.39.041, ESSB 5404 (section 206(9), chapter 25, Laws of 2003 1st sp.s.).
Summary: Adding rules to create a waiting list in accordance with caseload limits and determine rank and priority of waiting list for nursing home residents and clients living in the community.
Reasons Supporting Proposal: To meet the requirements of ESSB 5404, rules must be amended to establish a waiting list in accordance with caseload limits determined by legislative funding.
Name of Agency Personnel Responsible for Drafting: Marrianne Backous, P.O. Box 45600, Olympia, WA 98504, (360) 725-2535; Implementation and Enforcement: Marrianne Backous/Mary Lou Percival, P.O. Box 45600, Olympia, WA 98504, (360) 725-2535.
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: See Purpose, Summary, and Reasons Supporting Proposal above.
Proposal Changes the Following Existing Rules: The proposal replaces language to establish a waiting list for home and community services.
Clarifying language replaces existing language in subsection (2).
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the rules and concluded that no new costs will be imposed on businesses.
RCW 34.05.328 does not apply to this rule adoption. This rule is exempt from a cost-benefit analysis under RCW 34.05.328 (5)(b)(v), as a rule with content dictated by statute. The rule is amended to comply with ESSB 5404, section 206(9).
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 4, 2003, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by October 31, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m. on November 4, 2003.
Date of Intended Adoption: Not earlier than November 5, 2003.
September 29, 2003
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3319.3 (1) COPES waiver services, the department will create a
waiting list ((may be created if:
(a) The caseload or expenditures exceed the legislative funding, or
(b) The federal Centers for Medicare and Medicaid Services (CMS) or the legislature imposes)) in accordance with caseload limits determined by legislative funding. Wait listed clients will gain access in the following manner:
(a) Nursing home residents wanting COPES waiver services will be ranked first on the wait list by date of application for services; and
(b) After nursing home residents are ranked, clients living in the community with a higher level of need as determined by the department's comprehensive assessment will be ranked higher on the wait list over clients with a lower level of need; and
(c) As between two or more clients in the community with equal need levels, clients with earlier applications for services will have priority over later applications for services.
(2) MPC, there is no waiting list. Note: Instead of waiting lists, the department may be required to revise HCP rules to reduce caseload size, hours, rates, or payments in order to stay within the legislative appropriation.
(3) For Medically Needy Residential waiver, the
department will create a waiting list in accordance with
caseload limits determined by legislative funding. Wait
listed clients will ((be ranked)) gain access in the following
manner:
(a) Nursing home residents wanting MN waiver services will be ranked first on the wait list by date of application for services; and
(b) After nursing home residents are ranked, clients
living in the community with a higher level of need as
determined by the ((comprehensive)) department's comprehensive
assessment will be ranked higher on the wait list over clients
with lower level of need; and
(c) As between two or more clients in the community with equal need levels, clients with earlier applications for services will have priority over later applications for services.
[Statutory Authority: 2001 c 269, RCW 74.09.700, 74.08.090, 74.04.050, 74.09.575 and chapter 74.39 RCW. 03-13-052, § 388-71-0465, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 74.39.010, 74.39A.120. 00-04-056, § 388-71-0465, filed 1/28/00, effective 2/28/00.]