WSR 05-23-029



(Aging and Disability Services Administration)

[ Filed November 8, 2005, 1:22 p.m. ]

     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 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, 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

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

Summary of Significant WAC Changes

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
Self performance for ADLs
Self performance for IADLs
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

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.