Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to establish eligibility criteria, service definitions, provider requirements, and administrative standards for a limited benefit program to support noncitizens who do not meet immigration criteria to qualify for federally funded long-term services and supports. This will codify requirements for a state-funded program that offers limited long term services and supports to Washington residents with identified comprehensive assessment reporting evaluation (CARE) classifications who do not hold lawful permanent resident status, subject to the availability of funding; and other related rules as required.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DSHS is planning to adopt rules to implement and administer a limited benefit state-funded long-term care program for noncitizens who do not meet new immigration restrictions for federally funded long-term services and supports. DSHS will define program eligibility for individuals who do not hold lawful permanent resident status and establish the scope of long-term services and supports available under the program. Rules will clarify allowable person-centered service options, and outline requirements related to CARE assessment classifications and funding limitations. Establishing these rules will provide clear guidance to clients, providers, and department staff; ensure consistent statewide implementation; and support effective administration of this state-funded program. Additional rule making may be required to improve clarity, update policy, or better align rule language with state and federal law or regulations.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The home and community living administration will coordinate with the developmental disabilities administration and the health care authority during this rule-making process.

Process for Developing New Rule: Collaborative. 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 notice of proposed rule making with the office of the code reviser. 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 Emily Watts, Residential Policy, P.O. Box 45600, Olympia, WA 98504, phone 360-725-3426, TTY 711 relay service, email Emily.watts1@dshs.wa.gov; or Melissa Randles, P.O. Box 45600, Olympia, WA 98504, phone 360-764-0405, TTY 711 relay service, email Melissa.Randles@dshs.wa.gov.