WSR 09-15-161

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

(Division of Developmental Disabilities)

[ Filed July 21, 2009, 12:13 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-07-039.

Title of Rule and Other Identifying Information: The department is amending WAC 388-825-068 What medicaid state plan services can DDD authorize?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on August 25, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 26, 2009.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on August 25, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 4, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-825-068, maintain consistency with the updated requirements in chapters 388-106 and 388-71 WAC regarding adult day health services.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.040, 71A.14.030.

Statute Being Implemented: Title 71A RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Debbie Roberts, 640 Woodland Square Loop S.E., Lacey, WA 98504; (360) 725-3400; Implementation: Shannon Manion, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3454; and Enforcement: Don Clintsman, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3421.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impact statement was prepared as these rules incorporate Washington state statute and rules of other Washington state agencies per RCW 19.85.025(3).

RCW 34.05.328 (5)(b), rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are not considered significant rules as defined in RCW 34.05.328 (5)(b).

RCW 34.05.328(5)(b), rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

July 15, 2009

Stephanie E. Schiller

Rules Coordinator

4098.1
AMENDATORY SECTION(Amending WSR 08-11-072, filed 5/19/08, effective 6/19/08)

WAC 388-825-068   What medicaid state plan services can DDD authorize?   DDD ((can)) may authorize the following medicaid state plan services:

(1) Medicaid personal care, per chapter 388-106 WAC;

(2) Private duty nursing for adults age eighteen and older; per chapter 388-106 WAC;

(3) Private duty nursing for children under the age of eighteen, per WAC 388-551-3000;

(4) Adult day health for adults, per chapter 388-106 WAC ((388-106-0810 and 388-106-0815)); and

(5) ICF/MR services, per chapters 388-835 and 388-837 WAC.


((Medicaid State Plan Services))
((Adult day health


ICF/MR services


Medically intensive home care program for children


Private duty nursing for adults
))

((Medicaid personal care

In-home

Adult family home

Adult residential care))

[Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. 08-11-072, 388-825-068, filed 5/19/08, effective 6/19/08.]

Washington State Code Reviser's Office