Subject of Possible Rule Making: The department is amending sections in chapter 388-71 WAC, Home and community services and programs, and sections in chapter 388-106 WAC, Long-term care services.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090, 74.09.520, SHB 2361, chapter 571, Laws of 2009, Washington state 2009-11 budget (ESHB 1244).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is amending rules in chapters 388-71 and 388-106 WAC in accordance with SHB 2361, chapter 571, Laws of 2009. The law prohibits the department from paying a home care agency licensed under chapter 70.127 RCW for medicaid funded in-home personal care or respite services if the care is provided to a client by a family member. The department may authorize exceptions based on the client's health and safety. These rules will not affect the amount, duration, or scope of the personal care or respite services benefit to which the client may be entitled.

     Other policy changes that arise during this rule making may be incorporated. Other WAC chapters may need to be updated as a result of this rule making.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing these rules. Draft material and information about how to participate may be obtained from the department representative listed below. At a later date, DSHS will file the proposed rules with the office of [the] code reviser with a notice of proposed rule making and send the proposal to everyone currently on the mailing list and anyone else who requests a copy.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tiffany Sevruk, P.O. Box 45600, Olympia, WA 98504, phone (360) 725-2538, fax (360) 438-8633, TTY (360) 493-2637, e-mail sevruta@dshs.wa.gov.

August 25, 2009

Stephanie E. Vaughn

Rules Coordinator

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