WSR 09-11-100



(Aging and Disability Services Administration)

[ Filed May 19, 2009, 11:18 a.m. ]

     Subject of Possible Rule Making: The department is amending WAC 388-105-0005 The daily medicaid payment rates for clients assessed using the comprehensive assessment reporting evaluation (CARE) tool and that reside in adult family homes (AFH) and boarding homes contracted to provide assisted living (AL), and adult residential care (ARC), and enhanced adult residential care (EARC) services, and 388-105-0045 Bed or unit hold -- Medicaid resident discharged for a hospital or nursing home stay from an adult family home (AFH) or a boarding home contracted to provide adult residential care (ARC), enhanced adult residential care (EARC), or assisted living services (AL).

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.39.030, 18.20.290, and ESHB 1244.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish:

To implement the 2009 legislative required reduction of the seventeen CARE level payment system rates for home and community residential providers.
To implement notification requirements for home and community residential providers need when a medicaid resident is discharged for more than twenty-four hours on medical leave to a nursing home or hospital.

     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, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2447, fax (360) 725-2641, e-mail

May 19, 2009

Stephanie E. Schiller

Rules Coordinator

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