05-23-029

WSR 05-23-029

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed November 8, 2005, 1:22 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-16-079.

     Title of Rule and Other Identifying Information: The department is adding new and amending sections within chapter 388-106 WAC, Long term care services; amending and repealing sections within chapter 388-71 WAC, Home and community services and programs; and amending sections within chapter 388-110 WAC, Contracted residential 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, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling [phone]), on January 10, 2006, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than January 11, 2006.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail [e-mail], fax [phone], by 5:00 p.m. January 10, 2006.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by January 6, 2006, 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:

Summary of Significant WAC Changes

Chapter 388-106 WAC Changes
Affected WAC	Change
388-106-0010	Changed the following definitions:
	?	Ability to make self understood
	?	Activities of daily living, bed mobility
	?	Assistance available
	?	Assistance with medication management
	?	Categorically needy
	?	Decision making
	?	Estate recovery
	?	Informal support
	?	Institution
	?	Self performance for ADLs
	?	Self performance for IADLs
	?	SSI-related
	?	Support provided
388-106-0015	Updated WAC reference.
388-106-0035	Clarified language on whether services are covered when client is out of state.
388-106-0050	Clarified when assessments occur and when an in-person assessment is not required.
388-106-0065	Removed examples of who can be present during an assessment.
388-106-0130	Added information about deduction for meal preparation, ordinary housework, and essential shopping. Included private duty nursing as a service that personal care hours can be used for.
388-106-0213	Updated age guidelines for children receiving MPC.
388-106-0215 (new)	Included WAC on when MPC services start.
388-106-0200, 388-106-0300, 388-106-0305, 388-106-0400, and 388-106-0500	Included criteria for how nursing services are authorized.
388-106-0705 and 388-106-0715	Removed the provisions to deem eligibility. Clarified eligibility language regarding prepaid benefits.
388-106-1303 (new)	Proposed new rules on client responsibilities.
388-71-0540, 388-71-0546, 388-71-0551, 388-71-0556, and 388-71-05695	Included references to managed care entities, who will also be responsible for ensuring that individual providers are qualified and trained.
388-71-0704	Included language on what services the adult day care center must provide onsite.
388-71-0706	Included language on what services the adult day health center must provide onsite.
388-71-0210 through 388-71-0260	Repeal.

Chapter 388-100 WAC Changes
388-110-020	Updated definitions to include links to new chapter 388-106 WAC.
388-110-100	Revised the maximum number of days required for approval of social leave to eighteen days per calendar year and clarified language regarding Medicaid resident.
388-110-220	Updated definitions to include links to new chapter 388-106 WAC. Added dementia training topics. Changed definition of eating.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, 74.39A.010, and 74.39A.020.

     Statute Being Implemented: Chapters 74.09, 74.39, and 74.39A RCW.

     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: Brooke Buckingham, P.O. Box 45600, Olympia, WA 98504, [phone].

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed these rules and determined that no new costs will be imposed on small businesses.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Brooke Buckingham, P.O. Box 45600, Olympia, WA 98504, phone [phone], fax [phone], e-mail [e-mail].

November 4, 2005

Andy Fernando, 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 05-24 issue of the Register.