WSR 06-05-022



(Aging and Disability Services Administration)

[ Filed February 6, 2006, 4:24 p.m. , effective March 9, 2006 ]

     Effective Date of Rule: Thirty-one days after filing.

     Purpose: The department is adding 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. These revisions are for the purpose of updating and clarifying WACs due to recent policy changes.

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 and corrected a typographical error.
388-106-0035 Clarified language on whether services are covered when client is out of state. Removed a DSHS form number that may change.
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 and added clarifying language.
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.
Chapter 388-71 WAC Changes
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 388-110 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.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-71-0210, 388-71-0215, 388-71-0220, 388-71-0225, 388-71-0230, 388-71-0235, 388-71-0240, 388-71-0245, 388-71-0250, 388-71-0255, and 388-71-0260; and amending WAC 388-106-0010, 388-106-0015, 388-106-0035, 388-106-0050, 388-106-0065, 388-106-0130, 388-106-0200, 388-106-0213, 388-106-0300, 388-106-0305, 388-106-0400, 388-106-0500, 388-106-0705, 388-106-0715, 388-71-0540, 388-71-0546, 388-71-0551, 388-71-0556, 388-71-05695, 388-71-0704, 388-71-0706; 388-110-020, 388-110-100, and 388-110-220.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, 74.39A.010, and 74.39A.020.

     Other Authority: RCW 74.08.090, 74.09.520, 74.39A.010, and 74.39A.020.

      Adopted under notice filed as WSR 05-23-029 on November 8, 2005.

     Changes Other than Editing from Proposed to Adopted Version: WAC 388-106-0010, definition of "Self performance for ADLs," removed proposed language that requires further clarification; WAC 388-106-0015(1), revised "Medical" to "Medicaid personal care (MPC)" to correct a typo; 388-106-0050(3), removed "DSHS 14-405," as this is a form number that may change; and WAC 388-106-0213(2), added "Passive" prior to "range of motion" for clarification.

     A final cost-benefit analysis is available by contacting Tiffany Sevruk, P.O. Box 45600, Olympia, WA 98504, phone (360) 725-2538, fax (360) 438-8633, e-mail The preliminary cost-benefit analysis is unchanged and will be final.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 24, Repealed 11.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 24, Repealed 11.

     Date Adopted: February 3, 2006.

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 06-07 issue of the Register.