10-02-096

WSR 10-02-096

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed January 6, 2010, 10:15 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-13-092.

     Title of Rule and Other Identifying Information: The department is amending and creating new sections in chapter 388-106 WAC, Long-term care services.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling [phone]), on February 23, 2010, at 10:00 a.m.

     Date of Intended Adoption: Not earlier then February 24, 2010.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail [e-mail], fax [phone], by 5 p.m. on February 23, 2010.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by February 9, 2010, TTY [phone] or [phone] or by e-mail at [e-mail].

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending and adopting new rules in chapter 388-106 WAC as follows:

?	Updating how the individual budget amount is calculated after the New Freedom participant is assigned a classification as a result of an assessment performed in CARE.
?	Updating how unused funds from New Freedom individual budgets will be maintained and/or returned to the department.
?	Clarifying what services are available under the New Freedom waiver.
?	Updating the role of a designated New Freedom representative to not allow payment as a personal care provider.
?	New WAC to address institutionalized participants and their budgets.
?	New WAC to address what services are not allowed under New Freedom.
?	Adding two applicable definitions for clarity.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

     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: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Karen Fitzharris, P.O. Box 45600, Olympia, WA 98504-5600, [phone].

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Karen Fitzharris, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone [phone], fax [phone], e-mail [e-mail].

December 30, 2009

Don Goldsby, Manager

Rules and Policies Assistance Unit

     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 10-03 issue of the Register.