WSR 16-14-078

PERMANENT RULES

[Filed July 1, 2016, 11:02 a.m., effective August 1, 2016]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is revising this rule in order to address Center for Medicare and Medicaid Services, Home and Community Based Services (HCBS) and stakeholder concerns with implementation of the requirements stated therein.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-107-0930; and amending WAC 388-107-0001, 388-107-0020, 388-107-0080, 388-107-0100, 388-107-0110, 388-107-0120, 388-107-0130, 388-107-0140, 388-107-0150, 388-107-0160, 388-107-0180, 388-107-0190, 388-107-0200, 388-107-0210, 388-107-0240, 388-107-0280, 388-107-0370, 388-107-0390, 388-107-0400, 388-107-0410, 388-107-0420, 388-107-0430, 388-107-0560, 388-107-0770, 388-107-0810, 388-107-0830, 388-107-0890, 388-107-0940, 388-107-0960, 388-107-1000, and 388-107-1190.

Statutory Authority for Adoption: RCW 70.97.230.

Other Authority: HCBS Final Rule 42 C.F.R.

Adopted under notice filed as WSR 15-24-037 on November 20, 2015.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-107-0110, wording change needed to ensure the responsibility of development of the initial person-centered service plan is that of the enhanced services facility, not the person-centered service team.

WAC 388-107-0120, wording change needed to ensure the responsibility of development of the individual comprehensive service plan is that of the enhanced services facility, not the person-centered service team.

WAC 388-107-0130, wording change needed to ensure the responsibility of development of the ongoing comprehensive person-centered service plan is that of the enhanced services facility, not the person-centered service team.

WAC 388-107-0140, wording change needed to ensure the responsibility of implementing of the person-centered service plan is that of the enhanced services facility, not the person-centered service team.

WAC 388-107-0150, wording change to streamline the responsibilities of the facility and the department case manager.

WAC 388-107-0160, wording change needed to ensure the responsibility of development and implementation of the behavioral support plan is that of the enhanced services facility, not the person-centered service team.

WAC 388-107-0190(7), rights of residents was reworded to help simplify the understanding of modification need when addressing 42 C.F.R. Sec. 441.301 (c)(4)(vi)(A) through (D).

A final cost-benefit analysis is available by contacting Penelope Rarick, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3210, fax (360) 725-2642, e-mail raricpp@dshs.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 31, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 31, Repealed 1.

Date Adopted: July 1, 2016.

Patricia K. Lashway

Acting Secretary