WSR 06-12-092

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed June 6, 2006, 4:28 p.m. ]

Subject of Possible Rule Making: WAC 388-515-1550 Medically needy in-home waiver (MNIW).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.520, 74.09.500, 74.09.530; section 206 (6)(b), chapter 276, Laws of 2004 and Townsend vs. Quazim (DSHS), U.S. District Court, Western District of Washington, No. CV-00-00944 TSZ.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: HRSA-medical assistance is increasing the personal needs allowance (PNA) for the medically needy in-home waiver program to match the PNA allowed for the categorically needy waiver described in WAC 388-151-1505, per order of the United States Ninth Circuit Court of Appeals (No. 01-35689). This will make services more equitable and available to the public. The department is also changing some wording to make the rule clearer.

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

Process for Developing New Rule: The department invites the interested public to review and provide input on the draft language of this rule. Draft material and information about how to participate may be obtained from the department representative listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication Lori Rolley, P.O. Box 45534, Olympia, WA 98504-5534, phone (360) 725-1304, fax (360) 664-0910, e-mail rollelj@dshs.wa.gov.

June 5, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office