WSR 18-19-050
(Aging and Long-Term Support Administration)
[Filed September 14, 2018, 12:01 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-15-093.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-106-0905 Am I eligible to receive medical care services (MCS) residential care services?
Hearing Location(s): On October 23, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health and Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at
Date of Intended Adoption: Not earlier than October 24, 2018.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., October 23, 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, by October 9, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-106-0905(3) to correct an eligibility error for MCS that occurred during the implementation of the community first choice (CFC) program. At the time of the implementing the CFC program, the department changed the eligibility for medical 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.
Reasons Supporting Proposal: Without the rule change, vulnerable people with no other options for care may be harmed.
Statutory Authority for Adoption: RCW 74.08.090.
Statute Being Implemented: RCW 74.09.520.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jamie Tong, P.O. Box 45600, Olympia, WA 98504-5600, 360-725-3293.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 34.05.328 (5)(b)(vii).
Explanation of exemptions: Rules of DSHS relating only to client medical or financial eligibility and rules concerning liability for care of dependents.
September 12, 2018
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 15-03-038, filed 1/12/15, effective 2/12/15)
WAC 388-106-0905Am I eligible to receive medical care services (MCS) residential care services?
You are eligible to receive MCS-funded residential care services if:
(1) You meet financial eligibility requirements for medical care services (MCS), described in WAC 182-508-0005;
(2) You are not eligible for services under COPES, or MPC; and
(3) You are assessed in CARE and meet the functional criteria outlined in WAC ((388-106-0210(2)))388-106-0210(3) or WAC 388-106-0355(1).