WSR 06-08-032



(Aging and Disability Services Administration)

[ Filed March 28, 2006, 4:31 p.m. ]

Subject of Possible Rule Making: WAC 388-105-0005, 388-105-0035, and 388-105-0045 to update rates for vendor rate increase effective July 1, 2006; to remove the construction requirements for receiving a capital add-on rate; and to change the process for determining which assisted living facilities may receive a capital add-on rate based on their Medicaid occupancy.

Statutes Authorizing the Agency to Adopt Rules on this Subject: ESSB 6386 supplemental operating appropriations, section 206; chapter 74.39A RCW as amended by ESHB 2925.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These proposed changes increase the Medicaid per diem rate for boarding homes and adult family homes (AFH) by 1%. The proposed changes also permit the department to pay any assisted living facility with a Medicaid occupancy percentage of 60% or greater as determined by a statutory formula a capital add-on rate for each fiscal year that the assisted living facility qualifies.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: By publishing in the Washington State Register: CR-101 Preproposal statement of inquiry; CR-102 Proposed rule making; and CR-103 Rule making order including a concise explanatory statement. ADSA welcomes the public participation in developing its rule(s). Anyone interested in participating should contact the staff person indicated below. After the rule(s) is drafted, ADSA will send a copy to anyone that contacts the staff person named in the section below allowing them to comment before it publishes the CR-102.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Patricia Hague, Home and Community Rates, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2447, fax (360) 725-2641, e-mail

March 27, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office