Subject of Possible Rule Making: The department is planning to amend WAC 388-106-0905(3) to correct an eligibility error for medical care services (MCS) that occurred during the implementation of the community first choice program.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: At the time of implementing the community first choice program, the department changed the eligibility for medicaid personal care to exclude nursing facility level of care (NFLOC), which inadvertently changed eligibility for MCS. The department filed an emergency rule as WSR 18-14-009 on June 22, 2018, that restores NFLOC eligibility for MCS. Without the rule change, vulnerable people with no other options for care may be harmed.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The department of social and health services (DSHS) welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5600, phone 360-725-2495, fax 360-438-8633, TTY 1-800-833-6388, email angel.sulivan@dshs.wa.gov.