PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Adult Services [Administration])
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-17-153.
Title of Rule: WAC 388-71-0605 Am I eligible for residential services? and 388-71-0613 For what days will the department pay the residential care facility?
Purpose: To establish rules for whether the department pays residential providers on last day of service; and remove archaic, obsolete language from WAC 388-71-0605, specifically around receiving residential services through SSI.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.04.200, and 74.08.090.
Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.04.200, and 74.08.090.
Summary: This rule creates a new WAC to clarify whether the department pays for the last day of services. This policy has been part of the contract language, but not referenced in WAC. It also removes obsolete language regarding clients receiving services through SSI.
Name of Agency Personnel Responsible for Drafting and Implementation: Brooke Buckingham, AASA, 640 Woodland Square Loop, Lacey, 725-2530; and Enforcement: Debbie Knauf, AASA, 640 Woodland Square Loop, Lacey, 725-2393.
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 rule is to establish rules for whether the department pays residential providers on last day of service; and remove archaic, obsolete language from WAC 388-71-0605, specifically around receiving residential services through SSI.
The department is not changing existing policies or procedures, but is clarifying the WAC to reflect current practices.
Proposal Changes the Following Existing Rules: It adds a new section to chapter 388-71 WAC and amends WAC 388-71-0605.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the rule does not impact small businesses.
RCW 34.05.328 does not apply to this rule adoption. The proposed amendments do not change the effect of the policy. Rules do meet the definition of "significant legislative rule," but the department is exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii).
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on February 27, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper by February 20, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by February 27, 2001.
Date of Intended Adoption: No sooner than February 28, 2001.
January 19, 2001
Charles Hunter, Director
Administrative Services Division
2870.4 (((1))) (a) Community options program entry system (COPES),
((defined)) described in WAC ((388-515-1505)) 388-71-0435;
(((2))) (b) Medicaid personal care funding (MPC), described
in WAC 388-71-0440; or
(((3))) (2) If you are not eligible for services under one
of the programs listed above, you may ((be able to)) receive
state-only funding for residential services ((through
Supplemental Security Income (SSI) as determined under WAC 388-511-1105 or 388-511-1130;)) if you meet eligibility
requirements for general assistance ((unemployment under))
unemployable, described in WAC 388-235-5000((; or Title XIX
categorically relatable to SSI if you are:
(a) Eighteen or older; and
(b) Unable to live alone and/or need assistance with activities of daily living)).
((Residential care
services
COPES
MPC
State-only
programs
Adult family
homes
x
x
x
Adult
residential care
(ARC)
x
x
Enhanced adult
residential care
(EARC)
x
Assisted living
facilities (AL)
x
(3) If you are on:
(a) MPC, you can receive services in adult family homes and adult residential care facilities.
Note: If you are under eighteen, you may receive MPC services in a children's foster family home or a children's group care facility.
(b) COPES, you can receive services in adult family homes, enhanced adult residential care facilities, and assisted living facilities.
(c) GAU, you can receive state-funded services in adult family homes and adult residential care facilities.
[Statutory Authority: RCW 74.08.44 [74.08.044]. 00-04-056, 388-71-0605, filed 1/28/00, effective 2/28/00.]
2869.3(1) Last day of service when the Medicaid resident dies in the facility; or
(2) Day of service before the day the Medicaid resident is discharged.
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