WSR 00-23-108

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

[ Filed November 21, 2000, 3:52 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-09-092.

Title of Rule: Chapter 388-835 WAC, ICF/MR, facility certified by Title XIX as an intermediate care facility for providing services to persons with mental retardation or related conditions.

Purpose: To rewrite according to the principles in the governor's executive order on regulatory improvement (97-02).

Statutory Authority for Adoption: RCW 71A.20.140 and 74.09.120, 42 C.F.R. 483.440.

Statute Being Implemented: RCW 71A.20.140 and 74.09.120, and 42 C.F.R. 483.440.

Summary: The rule regulates the purchase and provision of intermediate care facility for the mentally retarded (ICF/MR) services by DSHS to persons who are eligible.

Reasons Supporting Proposal: Governor's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ron Sherman, P.O. Box 45310, Olympia, WA 98504, (360) 902-8433.

Name of Proponent: Department of Social and Health Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this chapter revision is to establish rules authorized by Title 71A RCW. The rule is being rewritten for clarity as a result of the rule review required under EO 97-02. No policy changes have been made and there are no anticipated effects other than a more easily understood rule.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed changes add no new costs for small businesses.

RCW 34.05.328 does not apply to this rule adoption. These rules do not meet the definition of significant legislative rules because they have been rewritten for clarity only.

Hearing Location: OB 2 Auditorium, Corner of 14th and Jefferson, Olympia, Washington 98501, on January 23, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper by January 16, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.

Submit Written Comments to: Identify WAC Number, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by January 23, 2001.

Date of Intended Adoption: No sooner than January 24, 2001.

November 16, 2000

Marie Myerchin-Redifer, 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 01-01 issue of the Register.

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