WSR 11-08-066



(Medicaid Purchasing Administration)

[ Filed April 6, 2011, 10:08 a.m. ]

Subject of Possible Rule Making: WAC 388-438-0125 Alien nursing facility program (state-funded).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090, ESHB 1086.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington state legislature enacted ESHB 1086 on February 18, 2011, which states "the department is authorized to place long-term care clients residing in nursing homes and paid for with state-only funds into less restrictive community care settings while continuing to meet the client's care needs."

The state provides nursing facility care for approximately forty-five state only alien medical clients who are discharged from hospitals with acute/long-term medical conditions. Of the forty-five state-only funded nursing home slots, forty will be moved into adult family homes. These rules will allow the department to continue to provide medical coverage to maintain current levels of medical care and a consistent level of services for these clients.

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 Jason Crabbe, P.O. Box 45504, Olympia, WA 98504-5504, phone (360) 725-1346, fax (360) 586-9727, TTY 1-800-848-5429, e-mail

April 6, 2011

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office