PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-22-085.
Title of Rule and Other Identifying Information: The department is adding new sections to chapter 388-106 WAC, Long-term care services, to implement the roads to community living (RCL) project. RCL is Washington state's money follows the person demonstration project. It is designed to test services and supports which help consumers move from institutional settings into the community if they wish to.
The department may amend other rules as part of this rule-making process as necessary.
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 (360) 664-6094), on July 22, 2008, at 10:00 a.m.
Date of Intended Adoption: Not earlier than July 23, 2008.
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 DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on July 22, 2008.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 15, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is drafting new WAC 388-106-0250, 388-106-0255, 388-106-0260, and 388-106-0265 under a new section entitled "roads to community living." These rules describe the project, eligibility, and time limited nature of demonstration project services under the money follows the person grant.
RCL is a demonstration project, funded by a five-year "money follows the person" grant authorized under Section 6071 of the Deficit Reduction Act of 2005 (P.L. 109-171).
Reasons Supporting Proposal: See above.
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: Elizabeth Prince, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2561.
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 or nonprofit organizations.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(vii), relating only to client medical or financial eligibility.
June 16, 2008
Stephanie E. Schiller
Rules Coordinator
3995.1(2) To be eligible, the department must assess your needs in CARE and you must:
(a) Have a continuous six months or longer stay in a qualified institutional setting (hospital, nursing home, residential habilitation center);
(b) Be Medicaid eligible for at least thirty days prior to discharge from the institutional setting;
(c) Intend to move to a qualified community setting (home, apartment, licensed residential setting with four or less unrelated individuals); and
(d) Not be able to move into a qualified community setting using available long-term care resources.
(3) When you are discharged to a qualified community setting, you are eligible for continuous Medicaid coverage until your RCL services end.
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