WSR 15-23-052
(Aging and Long-Term Services Administration)
[Filed November 12, 2015, 9:18 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-20-116.
Title of Rule and Other Identifying Information: The department is adding new sections and amending chapter 388-106 WAC, Long-term care services, for the inclusion of the community first choice (CFC) state plan program. Emergency WAC was previously filed for the implementation of this program.
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 January 5, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than January 6, 2016.
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., January 5, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by December 22, 2015, phone (360) 664-6092, TTY (360) 664-6178, or e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed WAC is to add the CFC program to the array of programs and services offered by the department. New WAC 388-106-0270 through 388-106-0295 define CFC services, including the scope, limitations, qualified providers, and eligibility.
In addition, WAC 388-106-0047 clarifies the department's ability to terminate services if the plan of care is not approved in writing, and WAC 388-106-0050 amends and clarifies the department's assessment and home visit requirements.
Reasons Supporting Proposal: ESHB 2746 required the department to establish a 1915(k) CFC program. DSHS has developed a state plan amendment that has been federally approved to provide the new CFC state plan. These WAC changes are for the addition and implementation of the CFC program.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Statute Being Implemented: RCW 74.39A.400.
Rule is necessary because of federal law, 42 C.F.R. § 441.500-590.
Name of Proponent: Department of social and health services, aging and long-term support administration, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Tracey Rollins, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-3216.
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.
November 5, 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 15-24 issue of the Register.