WSR 20-16-094
(Aging and Long-Term Support Administration)
[Filed July 30, 2020, 3:27 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-10-051.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-106-0010 What definitions apply to this chapter?, 388-106-0033 When may I receive services in a facility contracted to provide specialized dementia care services?, 388-106-0075 How is my need for personal care services assessed in CARE?, 388-106-0090 How does the CARE tool measure cognitive performance?, 388-106-0095 How does the CARE tool measure clinical complexity?, 388-106-0100 How does the CARE tool measure mood and behaviors?, and 388-106-0130 How does the department determine the number of hours I may receive for in-home care?
Hearing Location(s): On September 22, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up-to-date information.
Date of Intended Adoption: Not earlier than September 23, 2020.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., September 22, 2020.
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 September 8, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department has been working to modernize the comprehensive assessment and reporting evaluation (CARE) assessment tool and is amending these rules to be consistent with updates that have been made to the CARE tool.
There have been no changes that affect how the department determines eligibility or benefit level using the CARE tool.
Reasons Supporting Proposal: See purpose statement.
Statutory Authority for Adoption: RCW 74.08.090.
Statute Being Implemented: RCW 74.08.090, 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: Rachelle Ames, P.O. Box 45600, Olympia, WA 98504-5600, 360-725-2353.
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. The proposed rules are exempt under RCW 34.05.328 (5)(b)(vii), rules of DSHS relating only to client medical or financial eligibility.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(4), because the rules do not affect small businesses.
Explanation of exemptions: The rules affect services to clients based on the client's ability to perform certain tasks.
July 29, 2020
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 20-17 issue of the Register.