WSR 05-17-055



(Aging and Disability Services Administration)

[ Filed August 9, 2005, 4:18 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-20-103.

Title of Rule and Other Identifying Information: New chapter 388-845 WAC, DDD home and community based services waiver, WAC 388-845-0001 through 388-845-4015.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at or by calling (360) 664-6097), on October 11, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 12, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5:00 p.m, October 11, 2005.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant by October 7, 2005, TTY (360) 664-6178 or (360) 664-6097, or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Division of Developmental Disabilities has received initial approval from the federal Centers for Medicare and Medicaid Services (CMS) to implement four home and community based service (HCBS) waivers, which replaced the community alternatives program (CAP) waiver.

These rules will clarify eligibility, service array, utilization, provider qualifications, client appeal rights and access to services.

This filing includes a new chapter 388-845 WAC.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120.

Statute Being Implemented: Chapter 71A.12 RCW.

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

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

Name of Agency Personnel Responsible for Drafting: Steve Brink, P.O. Box 5310, Olympia, WA 98507-5310, (360) 725-3416; Implementation: Shannon Manion, P.O. Box 5310, Olympia, WA 98507-5310, (360) 725-3445; and Enforcement: Sue Poltl, P.O. Box 5310, Olympia, WA 98507-5310, (360) 725-3454.

No small business economic impact statement has been prepared under chapter 19.85 RCW. DDD has analyzed these proposed rules and concludes that the costs to small businesses would be minor. The preparation of a comprehensive small business economic impact statement is not required.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Steve Brink, P.O. Box 5310, Olympia, WA 98507-5310, phone (360) 725-3416, fax (360) 407-0955, e-mail

August 9, 2005

Andy Fernando, 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 05-18 issue of the Register.

Washington State Code Reviser's Office