Effective Date of Rule: Thirty-one days after filing.

     Purpose: The division of developmental disabilities has received initial approval from the federal Centers for Medicare and Medicaid Services (CMS) to implement four home and community based service (HCBS) waivers, which replaced the community alternatives program (CAP) waiver. These rules will clarify eligibility, service array, utilization, provider qualifications, client appeal rights and access to services. This filing includes a new chapter 388.845 WAC. When effective, these rules replace the emergency rules filed as WSR 05-19-044.

     Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.12 [71A.12.120].

     Other Authority: Chapter 71A.12 RCW.

      Adopted under notice filed as WSR 05-17-055 on August 9, 2005.

     Changes Other than Editing from Proposed to Adopted Version: The wording in WAC 388-845-0035, 388-845-0040 and 388-845-0045 has been changed to read "enrolled in a waiver."

     WAC 388-845-0050 has been changed to reflect that all requests for enrollment in a waiver are documented in a DDD database.

     WAC 388-845-0051 has been expanded to clarify that notice will be sent for a denial of a request to be enrolled in a waiver.

     WAC 388-845-0050(2) has been changed to read: "When there is capacity to enroll additional people in a waiver, WAC 388-845-0045 describes how DDD will determine who will be enrolled."

     WAC 388-845-0065(2) has been changed to read: "Your eligibility for nonwaiver state-only funded DDD services..."

     A cross-reference to WAC 388-845-1500 has been added to WAC 388-845-0710.

     Cross-reference to WAC 388-845-1505 and 388-845-1510 have been added to WAC 388-845-0750.

     WAC 388-845-3080 (1)(a) and 388-845-3085 (1)(a) have been changed to read: "Identify more available natural supports."

     WAC 388-845-3080(4) and 388-845-3085(3) have been changed to read: "... you will remain eligible for nonwaiver DDD services but access to state-only funded DDD services is limited by the availability of funding ..."

     A final cost-benefit analysis is available by contacting Steve Brink, P.O. Box 5310, Olympia, WA 98507-5310, phone (360) 725-3416, fax (360) 407-0955, e-mail brinksc@dshs.wa.gov. There are no changes to the preliminary cost-benefit analysis.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 131, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 131, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: December 9, 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 06-03 issue of the Register.