WSR 25-13-096

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Home and Community Living Administration)

[Filed June 17, 2025, 2:23 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 24-04-030, 24-04-031, 24-04-032, and 24-04-033.

Title of Rule and Other Identifying Information: This proposal would add a new chapter to Title 388 WAC, WA cares fund.

Hearing Location(s): On August 5, 2025, at 10:00 a.m., virtually via Teams or call in. See the department of social and health services (DSHS) website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.

Date of Intended Adoption: Not earlier than August 6, 2025.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, beginning noon on June 18, 2025, by 5:00 p.m. on August 5, 2025.

Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, fax 360-664-6185, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by 5:00 p.m., July 22, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The new chapter of rule implements requirements under chapter 50B.04 RCW related to defining approved services, requirements for determining eligibility to receive approved services, and requirements to provide approved services. The rules govern beneficiaries of the long-term services and supports trust, and providers wanting to provide approved services to eligible beneficiaries.

Reasons Supporting Proposal: This rule making is necessary for the WA cares fund program to define approved services, eligibility requirements for beneficiaries to receive approved services, and requirements to provide approved services. These rules will support access and service delivery for WA cares beneficiaries and long-term services and supports providers.

Statutory Authority for Adoption: RCW 50B.04.020 (3)(j).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting: Arielle Finney, P.O. Box 45600, Olympia, WA 98504-5600, 360-764-0384; Implementation and Enforcement: Katie Kelnhofer (provider), P.O. Box 45600, Olympia, WA 98504-5600, 564-669-4440 or Tracey Rollins (beneficiary), P.O. Box 45600, Olympia, WA 98504-5600, 360-688-6359.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Arielle Finney, P.O. Box 45600, Olympia, WA 98504-5600, phone 360-764-0384, TTY 711 relay service, email Arielle.Finney2@dshs.wa.gov.

Scope of exemption for rule proposal from Regulatory Fairness Act requirements:

Is not exempt.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The rules are the least burdensome route to achieving the goals and objectives of the program. The rules do not require an action that violates federal or state law. The rules do not impose more stringent requirements on private entities than on public entities. There are no applicable federal regulations related to the subject of these rules.

A copy of the detailed cost calculations may be obtained by contacting Arielle Finney, P.O. Box 45600, Olympia, WA 98504-5600, phone 360-764-0384, TTY 711 relay service, email Arielle.Finney2@dshs.wa.gov.

June 16, 2025

Katherine I. Vasquez

Rules Coordinator