WSR 18-06-061

PROPOSED RULES

[Filed March 5, 2018, 10:48 a.m.]

Preproposal statement of inquiry was filed as WSR 17-16-151.

Title of Rule and Other Identifying Information: The department is proposing to create WAC 388-823-1096 What requirements must my home or community-based service setting meet?

Hearing Location(s): On April 10, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.

Date of Intended Adoption: Not earlier than April 11, 2018.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., April 10, 2018.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by March 27, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule updates settings requirements to align with federal regulations. All of the developmental disabilities administration's 1915(c) medicaid waivers must comply with settings-based requirements under 42 C.F.R. Section 441.301 (c)(4).

Reasons Supporting Proposal: All of the developmental disabilities administration's 1915(c) medicaid waivers must comply with settings-based requirements under 42 C.F.R. Section 441.301 (c)(4).

Statutory Authority for Adoption: RCW 71A.12.030.

Rule is necessary because of federal law, 42 C.F.R. Section 441.301 (c)(4).

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Bob Beckman, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1555.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: The proposed amendments will impose no new or disproportionate costs on small businesses, so a small business economic impact statement is not required.

March 2, 2018

Katherine I. Vasquez

Rules Coordinator