WSR 07-05-024



(Aging and Disability Services Administration)

[ Filed February 13, 2007, 10:33 a.m. ]

Subject of Possible Rule Making: Chapter 388-96 WAC, Nursing facility Medicaid payment system.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 74.46 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Effective July 1, 2007, the requirement under RCW 74.46.535 for nursing homes to pay a quality maintenance fee (QMF) will end. As RCW 74.46.535 instructed for the three full cost report years it was in effect, the department paid the QMF fee as an add-on to the prospective Medicaid nursing home payment rate. The department in rule will clarify the treatment of QMF costs in rebases of the Medicaid nursing home payment rate that are based on cost reports from 2005 forward. The department will exclude the costs of the QMF established under RCW 82.71.020 from any of the component rate determinations under chapter 74.46 RCW and chapter 388-96 WAC.

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

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

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

February 13, 2007

Jim Schnellman, Chief

Office of Administrative Resources

Washington State Code Reviser's Office