WSR 10-20-171



(Aging and Disability Services Administration)

[ Filed October 6, 2010, 11:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-11-109 and 09-17-003.

Title of Rule and Other Identifying Information: Chapter 388-96 WAC, Nursing facility medicaid payment system.

The following sections are being amended or repealed: Repealing WAC 388-96-202, 388-96-740, 388-96-741, 388-96-742 and 388-96-749; and amending WAC 388-96-010, 388-96-108, 388-96-217, 388-96-218, 388-96-366, 388-96-384, 388-96-534, 388-96-535, 388-96-536, 388-96-542, 388-96-559, 388-96-561, 388-96-565, 388-96-585, 388-96-708, 388-96-709, 388-96-747, 388-96-748, 388-96-758, 388-96-759, 388-96-766, 388-96-776, 388-96-781, 388-96-782, 388-96-802, 388-96-803, 388-96-901, and 388-96-904.

Numerous new sections are being added to absorb the repealed sections of chapter 74.46 RCW, Nursing facility medicaid payment system.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at

or by calling (360) 664-6094), on December 7, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than December 7, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail, fax (360) 664-6185, by

5 p.m. on December 7, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 23, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The legislature in ESSB 6872 simplified chapter 74.46 RCW by repealing numerous section[s] and granting the department the authority to incorporate the detail of the repealed sections in chapter 388-96 WAC. Also, the department will amend or adopt new rules to implement ESSB 6444 section 206. Finally, the department proposes to [the] following: WAC 388-96-758 and 388-96-759 to incorporate changes made in the low-wage worker add-on by section 206(12), chapter 564, Laws of 2009; WAC 388-96-904 to clarify applying for an adjudicative proceeding; WAC 388-96-781 to add expanded community services (ECS), extraordinary medical placement (EMP), and vent-trach (VT) as categories; WAC 388-96-366 through 388-96-384 that authorizations from clients' trust funds must be obtained for each disbursement; WAC 388-96-366(3) to increase amount of a resident's funds that an NH must deposit from $50 to $100; WAC 388-96-580 to clarify allowable leased office equipment; WAC 388-96-542 to address the "may" in the definition of "home and central office costs": The department may exclude from this definition costs that are nonduplicative, documented, ordinary, necessary, and related to the provision of ["]care services to authorized patients." found in RCW 74.46.020; and WAC 388-96-766 to codify the use of e-mail notices as being legally sufficient. Also, requiring nursing facilities to maintain a current e-mail address with the department. Also, to clarify regulations by codifying current policies and practices and editing previous codifications for substance and form. All sections may be amended.

Reasons Supporting Proposal: ESSB 6872 (chapter 34, Laws of 2010, 1st sp. sess.) and ESSB 6444 section 206, supplemental operating budget (chapter 37, Laws of 2010, 1st sp. sess.).

Statutory Authority for Adoption: Chapter 74.46 RCW.

Statute Being Implemented: Chapter 74.46 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: Patricia Hague, mailstop 45600, (360) 725-2447; Implementation and Enforcement: Ken Callaghan, mailstop 45600, (360) 725-2499.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 34.05.328, the rules proposed for permanent adoption are significant legislative rules. Under RCW 34.05.328 (5)(b)(vi), the department is exempt from preparing a cost-benefit analysis (CBA). Significant legislative rules that set or adjust fees or rates pursuant to legislative standards do not require a CBA.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 19.85.025(3), the department is not required to complete a small business economic impact statement for rules that set or adjust fees or rates pursuant to legislative standards (RCW 34.05.310 (4)(f)).

September 30, 2010

Katherine I. Vasquez

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 10-22 issue of the Register.

Washington State Code Reviser's Office