WSR 05-20-080



(Aging and Disability Services Administration)

[ Filed October 4, 2005, 4:21 p.m. ]

Supplemental Notice to WSR 05-15-146.

Preproposal statement of inquiry was filed as WSR 05-01-128.

Title of Rule and Other Identifying Information: New WAC 388-106-0047 When can the department terminate or deny long-term care services to me?

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 November 8, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than November 9, 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., November 8, 2005.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by November 4, 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: New rules are needed to clarify long-term care services eligibility, including denial and termination.

This rule was originally proposed as WSR 05-15-146. A public hearing was held on August 23, 2005, and comments were received. The department has revised and is reproposing the rule for additional public comment.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, 42 C.F.R. 441.302(a) 1915 c waiver rules, 42 C.F.R. 440.180.

Statute Being Implemented: RCW 74.08.090, 74.09.520, 42 C.F.R. 441.302(a) 1915 c waiver rules, 42 C.F.R. 440.180.

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, Implementation and Enforcement: Carol Sloan, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2345.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rules and determined that no new costs will be imposed on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Exempt, per RCW 34.05.328 (5)(b)(vii), rules of the Department of Social and Health Services relating only to client medical or financial eligibility.

September 29, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

WAC 388-106-0047   When can the department terminate or deny long-term care services to me?   The department may deny or terminate long-term care services to you if any of the following conditions exist:

(1) You are not eligible for long-term care services;

(2) Following attempts to reasonably accommodate you, you refused to accept the long-term care services identified in your plan of care that are vital to your health, welfare and safety;

(3) You choose to receive services in your own home where hazardous conditions jeopardize the health, safety, and welfare of you or your provider. Hazardous conditions include but are not limited to the following:

(a) Threatening, uncontrolled animals (e.g. dogs);

(b) Illegal drug use;

(c) Evidence of a methamphetamine lab;

(d) Presence of hazardous materials (e.g. exposed sewage); or

(e) You or others in your place of residence demonstrate behaviors that may cause harm.


Washington State Code Reviser's Office