WSR 15-09-100
(Aging and Long-Term Support Administration)
[Filed April 20, 2015, 12:10 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-22-084.
Title of Rule and Other Identifying Information: The department is amending chapter 388-106 WAC, Long-term care services.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on June 9, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than June 10, 2015.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5:00 p.m., June 9, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by May 26, 2015, TTY (360) 664-6178 or (360) 664-6092 or e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-106-0010 to include the following changes:
To clarify the definitions of eating and set-up help in response to recent board of appeals decisions;
To add new definitions related to modified adjusted gross income eligibility group and to clarify existing definitions related to long-term care services;
To clarify the definition of informal support in response to decisions from the health care authority board of appeals. The department will also amend WAC 388-106-0130 in response to decisions from the health care authority board of appeals; and
To amend existing definitions to include enhanced services facilities.
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 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, Implementation, and Enforcement: Rachelle Ames, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2353.
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.
April 17, 2015
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 15-10 issue of the Register.