WSR 13-16-101
(Aging and Long-Term Support Administration)
[Filed August 7, 2013, 11:18 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-20-076.
Title of Rule and Other Identifying Information: The department is amending chapter 388-106 WAC, specifically WAC 388-106-0010 and 388-106-0130.
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on September 24, 2013, at 10:00 a.m.
Date of Intended Adoption: Not earlier than September 25, 2013.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on September 24, 2013.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 9, 2013, 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 department is amending and clarifying rules to revise the assessment process for allocating personal care hours as a result of the Washington state supreme court decision in Samantha A. v. Department of Social and Health Services.
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Statute Being Implemented: RCW 74.08.090, 74.09.520.
Rule is necessary because of state court decision, Samantha A. v. DSHS.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2495.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
July 31, 2013
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 13-17 issue of the Register.