Date of Adoption: April 20, 2001.

Purpose: The proposed rules regulate the purchase and provision of intermediate care facility for the mentally retarded (ICF/MR) services by CSGS to persons who are eligible for service. The proposed rules are the result of division review and updating rules according to Executive Order 97-02.

These rules were formerly chapter 275-38 WAC. They were migrated into chapter 388-835 WAC as part of the effort to move all DSHS WAC into one title. Now they have been reorganized, rewritten and are being adopted as new sections in chapter 388-835 WAC, ICF/MR program and reimbursement system.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-835-010, 388-835-015, 388-835-020, 388-835-025, 388-835-030, 388-835-035, 388-835-040, 388-835-045, 388-835-050, 388-835-055, 388-835-060, 388-835-065, 388-835-070, 388-835-075, 388-835-080, 388-835-085, 388-835-090, 388-835-095, 388-835-100, 388-835-105, 388-835-110, 388-835-115, 388-835-120, 388-835-125, 388-835-130, 388-835-135, 388-835-140, 388-835-145, 388-835-150, 388-835-155, 388-835-160, 388-835-165, 388-835-170, 388-835-175, 388-835-180, 388-835-185, 388-835-190, 388-835-195, 388-835-200, 388-835-205, 388-835-210, 388-835-215, 388-835-220, 388-835-225, 388-835-230, 388-835-235, 388-835-240, 388-835-245, 388-835-250, 388-835-255, 388-835-260, 388-835-265, 388-835-270, 388-835-275, 388-835-280, 388-835-285, 388-835-290, 388-835-295, 388-835-300, 388-835-305, 388-835-310, 388-835-315, 388-835-320, 388-835-325, 388-835-330, 388-835-335, 388-835-340, 388-835-345, 388-835-350, 388-835-355, 388-835-360, 388-835-365, 388-835-370, 388-835-375, 388-835-380, 388-835-385, 388-835-390, 388-835-395, 388-835-400, 388-835-405, 388-835-410, 388-835-415, 388-835-420, 388-835-425, 388-835-430, 388-835-435, 388-835-440, 388-835-445, 388-835-450, 388-835-455, 388-835-460, 388-835-465, 388-835-470, 388-835-475, 388-835-480, 388-835-485, 388-835-490, 388-835-495, 388-835-500, 388-835-505, 388-835-510, 388-835-520, 388-835-525, 388-835-530, 388-835-535, 388-835-540, 388-835-550, 388-835-555, 388-835-560, and 388-835-565.

Statutory Authority for Adoption: RCW 71A.20.140.

Adopted under notice filed as WSR 00-23-108 on November 21, 2000.

Changes Other than Editing from Proposed to Adopted Version: In Definitions, made the following changes:

"Facility" means a residential setting certified, according to federal regulations, as an ICF/MR by the department. A state facility is either a state-owned and operated residential living center or a state operated living alternative (SOLA). A private facility is a residential setting licensed as a nursing home under chapter 18.51 RCW or a boarding home licensed under chapter 18.20 RCW.

"Funded capacity," for a state facility, is the number of beds on file with the office of financial management on the first day of each biennium that are available for use during each fiscal year of the biennium.

"Nursing home facility" means a home, place, or institution, licensed or certified according to chapter 18.51 RCW, where skilled nursing, intermediate care, and ICF/MR services are delivered.

Replace twenty-eight days with thirty days in the following section - subsections:

WAC 388-835-0055 (1), (2)(b), (2)(c); 388-835-0060 (1), (3); 388-835-0010 (1), (2); 388-835-0120(4); 388-835-0130 (1), (2)(c); 388-835-0135 (1), (3); 388-835-0885(1); 388-835-0900(1); 388-835-0910(1); 388-835-0945; and 388-835-0950.

Make the following changes/corrections:

WAC 388-835-0085 Why is an individual transferred or discharged? An individual admitted to a facility can be transferred or discharged only for:

(1) Medical reasons;

(2) A change in the individual's habilitation needs;

(3 2) The individual's welfare;

(4 3) The welfare of other residents; or

(5 4) At the request of the resident or legal guardian.

WAC 388-835-0115 Can a facility request that an individual be transferred? Facilities can request that a resident be transferred for the following reasons:

(1) Medical reasons;

(2) A change in the individual's habilitation needs;

(3 2) The individual's welfare;

(4 3) The welfare of the other residents; or

(5 4) Nonpayment for services provided to the resident during the resident's stay at the facility.

WAC 388-853835-0615

WAC 388-835-0890 What disputes cannot be resolved through the administrative review and fair hearing processes? DSHS' administrative review and fair hearing processes cannot be used to challenge:

(1) T the adequacy of any prospective or settlement reimbursement rate or rate component, either individually or collectively;

(2) Audit actions or adjustment conducted under the federal Boren Amendment payment standard contained in federal regulations at 42 USC 1396a (a)(13)(A); or

(3) DSHS's efforts to comply with the Boren standard.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 190, Amended 0, Repealed 112. Effective Date of Rule: Thirty-one days after filing.

April 16, 2001

Brian H. Lindgren, 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 01-11 issue of the Register.

Washington State Code Reviser's Office