WSR 01-21-011

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

[ Filed October 5, 2001, 3:15 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Division of Development Disabilities family support program rules, WAC 388-825-226, 388-825-228, 388-825-238, and 388-825-254.

Purpose: Revises rule to include mandated vendor rate increases for fiscal year 2001.

Statutory Authority for Adoption: RCW 71A.12.030 and 71A.12.040.

Statute Being Implemented: ESSB 6153 (Omnibus Budget Act).

Summary: Under the Division of Developmental Disabilities' family support program, rates for community guides, short-term intervention, serious need and service need levels are covered in rule. Mandated vendor rate increases passed in the state budget are reflected in this rule change.

Reasons Supporting Proposal: This rule covers rate increases for fiscal year 2001.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rita Dickey, Box 45310, Olympia, WA 98504, (360) 902-8451.

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: This rule updates WAC 388-825-226, 388-825-228, 388-825-238, and 388-825-254. It increases rates for community guides, short-term intervention and serious need funding in the family support opportunity and service need levels to reflect vendor rate increases in the last biennial budget.

Proposal Changes the Following Existing Rules: Rates in current rule are updated to reflect changes.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change increases the rates paid under the family support program and has no impact on small business.

RCW 34.05.328 does not apply to this rule adoption. The rule meets the definition of a significant legislative rule, but the Department of Social and Health Services is exempt from preparing further analysis under RCW 34.05.328.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 27, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact DSHS Rules Coordinator by November 20, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by November 27, 2001.

Date of Intended Adoption: No sooner than November 28, 2001.

October 2, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3000.1
AMENDATORY SECTION(Amending WSR 00-23-106, filed 11/21/00, effective 12/22/00)

WAC 388-825-226   Can the family support opportunity program help my family obtain financial assistance for community guide services?   The program will authorize up to two hundred ((eight)) twelve dollars per year for community guide services for your family.

[Statutory Authority: RCW 71A.12.030 and 71A.12.040. 00-23-106, 388-825-226, filed 11/21/00, effective 12/22/00; 00-08-090, 388-825-226, filed 4/5/00, effective 5/6/00; 99-19-104, recodified as 388-825-226, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030. 99-04-071, 275-27-194, filed 2/1/99, effective 3/4/99.]


AMENDATORY SECTION(Amending WSR 00-23-106, filed 11/21/00, effective 12/22/00)

WAC 388-825-228   How can short-term intervention services help my family?   If your family is eligible, you may receive up to one thousand three hundred fifty dollars per year in short-term intervention funds to pay for necessary services not otherwise available. Short-term intervention funding cannot be used for basic subsistence such as food or shelter but is available for those specialized costs directly related to and resulting from your child's disability. Short-term intervention funds can be authorized for a one-time only need or for an episodic service need that occurs over a one-year period.

[Statutory Authority: RCW 71A.12.030 and 71A.12.040. 00-23-106, 388-825-228, filed 11/21/00, effective 12/22/00; 00-08-090, 388-825-228, filed 4/5/00, effective 5/6/00; 99-19-104, recodified as 388-825-228, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030. 99-04-071, 275-27-195, filed 2/1/99, effective 3/4/99.]


AMENDATORY SECTION(Amending WSR 00-23-106, filed 11/21/00, effective 12/22/00)

WAC 388-825-238   What amount of serious need funding is available to my family?   (1) The maximum amount of funding available is four hundred ((twenty-two)) fifty-two dollars per month or two thousand ((five)) seven hundred ((thirty-two)) twelve dollars in a six-month period, unless the department determines your family member requires licensed nursing care and the funding is used to pay for nursing care. If licensed care is required, the maximum funding level is two thousand four hundred fifty dollars per month.

(2) REMEMBER:

(a) Funding must be available in order to receive serious need services.

(b) Services paid for by serious needs funds will be reviewed by DDD every six months.

[Statutory Authority: RCW 71A.12.030 and 71A.12.040. 00-23-106, 388-825-238, filed 11/21/00, effective 12/22/00; 99-19-104, recodified as 388-825-238, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. 99-04-071, 275-27-200, filed 2/1/99, effective 3/4/99.]


AMENDATORY SECTION(Amending WSR 00-23-106, filed 11/21/00, effective 12/22/00)

WAC 388-825-254   Service need level rates.   (1) The department shall base periodic service authorizations on:

(a) Requests for family support services described in WAC 388-825-252(2) of this section;

(b) Service need levels as described in WAC 388-825-252(3) of this chapter. Service need level lid amounts are as follows:

(i) Clients designated for service need level one (WAC 388-825-256) may receive up to one thousand ((eighty)) one hundred fifty-six dollars per month or two thousand four hundred ((eleven)) sixty-two dollars per month if the client requires licensed nursing care in the home:

(A) If a client is receiving funding through Medicaid Personal Care or other DSHS in-home residential support, the maximum payable through family support shall be ((four)) five hundred ((seventy-nine)) twelve dollars per month;

(B) If the combined total of family support services at this maximum plus in-home support is less than one thousand ((eighty)) one hundred fifty-six dollars additional family support can be authorized to bring the total to one thousand ((eighty)) one hundred fifty-six dollars.

(ii) Clients designated for service need level two may receive up to four hundred ((twenty-six)) fifty-six dollars per month if not receiving funding through Medicaid personal care:

(A) If a client is receiving funds through Medicaid personal care or other DSHS in-home residential support service, the maximum receivable through family support shall be two hundred ((thirty-nine)) fifty-six dollars per month;

(B) If the combined total of family support services at this maximum plus in-home support is less than ((four)) fifty-six hundred four dollars, additional family support can be authorized to bring the total to four hundred ((twenty-six)) fifty-six dollars.

(iii) Clients designated for service need level three may receive up to two hundred ((thirty-nine)) fifty-six dollars per month provided the client is not receiving Medicaid personal care. If the client is receiving Medicaid personal care or other DSHS in-home residential support service, the maximum receivable through family support shall be one hundred twenty-right dollars per month; and

(iv) Clients designated for service level four may receive up to one hundred twenty-eight dollars per month family support services.

(c) Availability of family support funding;

(d) Authorization by a review committee, in each regional office, which reviews each request for service;

(e) The amounts designated in subsection (1)(b)(i) through (iv) of this section are subject to periodic increase if vendor rate increases are mandated by the legislature.

(2) The department shall authorize family support services contingent upon the applicant providing accurate and complete information on disability-related requests.

(3) The department shall ensure service authorizations do not exceed maximum amounts for each service need level based on the availability of funds.

(4) The department shall not authorize a birth parent, adoptive parent, or stepparent living in the same household as the client as the direct care provider for respite, attendant, nursing, therapy, or counseling services for a child seventeen years of age or younger.

[Statutory Authority: RCW 71A.12.030 and 71A.12.040. 00-23-106, 388-825-254, filed 11/21/00, effective 12/22/00; 00-08-090, 388-825-254, filed 4/5/00, effective 5/6/00; 99-19-104, recodified as 388-825-254, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030, 71A.12.040 and Title 71A RCW. 97-13-051, 275-27-222, filed 6/13/97, effective 7/14/97.]

Washington State Code Reviser's Office