PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 05-16-079.
Title of Rule and Other Identifying Information: The department is adding new and amending sections within chapter 388-106 WAC, Long term care services; amending and repealing sections within chapter 388-71 WAC, Home and community services and programs; and amending sections within chapter 388-110 WAC, Contracted residential care services.
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 http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on January 10, 2006, at 10:00 a.m.
Date of Intended Adoption: Not earlier than January 11, 2006.
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 fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. January 10, 2006.
Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by January 6, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:
| Chapter 388-106 WAC Changes | ||
| Affected WAC | Change | |
| 388-106-0010 | Changed the following definitions: | |
| • | Ability to make self understood | |
| • | Activities of daily living, bed mobility | |
| • | Assistance available | |
| • | Assistance with medication management | |
| • | Categorically needy | |
| • | Decision making | |
| • | Estate recovery | |
| • | Informal support | |
| • | Institution | |
| • | Self performance for ADLs | |
| • | Self performance for IADLs | |
| • | SSI-related | |
| • | Support provided | |
| 388-106-0015 | Updated WAC reference. | |
| 388-106-0035 | Clarified language on whether services are covered when client is out of state. | |
| 388-106-0050 | Clarified when assessments occur and when an in-person assessment is not required. | |
| 388-106-0065 | Removed examples of who can be present during an assessment. | |
| 388-106-0130 | Added information about deduction for meal preparation, ordinary housework, and essential shopping. Included private duty nursing as a service that personal care hours can be used for. | |
| 388-106-0213 | Updated age guidelines for children receiving MPC. | |
| 388-106-0215 (new) | Included WAC on when MPC services start. | |
| 388-106-0200, 388-106-0300, 388-106-0305, 388-106-0400, and 388-106-0500 | Included criteria for how nursing services are authorized. | |
| 388-106-0705 and 388-106-0715 | Removed the provisions to deem eligibility. Clarified eligibility language regarding prepaid benefits. | |
| 388-106-1303 (new) | Proposed new rules on client responsibilities. | |
| 388-71-0540, 388-71-0546, 388-71-0551, 388-71-0556, and 388-71-05695 | Included references to managed care entities, who will also be responsible for ensuring that individual providers are qualified and trained. | |
| 388-71-0704 | Included language on what services the adult day care center must provide onsite. | |
| 388-71-0706 | Included language on what services the adult day health center must provide onsite. | |
| 388-71-0210 through 388-71-0260 | Repeal. | |
| Chapter 388-100 WAC Changes | |
| 388-110-020 | Updated definitions to include links to new chapter 388-106 WAC. |
| 388-110-100 | Revised the maximum number of days required for approval of social leave to eighteen days per calendar year and clarified language regarding Medicaid resident. |
| 388-110-220 | Updated definitions to include links to new chapter 388-106 WAC. Added dementia training topics. Changed definition of eating. |
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, 74.39A.010, and 74.39A.020.
Statute Being Implemented: Chapters 74.09, 74.39, and 74.39A 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, Implementation and Enforcement: Brooke Buckingham, P.O. Box 45600, Olympia, WA 98504, (360) 725-3213.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed these rules and determined that no new costs will be imposed on small businesses.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Brooke Buckingham, P.O. Box 45600, Olympia, WA 98504, phone (360) 725-3213, fax (360) 438-8633, e-mail buckibe@dshs.wa.gov.
November 4, 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 05-24 issue of the Register.