PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-12-043.
Title of Rule: Amending chapter 388-800 WAC, Chemical dependency assistance programs.
Purpose: The Division of Alcohol and Substance Abuse is amending this chapter to revise and update the rules in order to incorporate changes necessary and related to SB 6482 (chapter 64, Laws of 2002). The bill removed the six-month (180 day) limitation on alcohol and drugs treatment services for low income and indigent clients. Additional changes include correcting WAC references in this chapter, and amending the language of some WACs to clarify their intent.
Statutory Authority for Adoption: RCW 74.50.080.
Statute Being Implemented: SB 6482 (chapter 64, Laws of 2002).
Summary: This rule removes the six-month (180 day) limitation on alcohol and drugs treatment services for low income and indigent clients. This will allow clients to receive longer treatment stays as necessary using the American Society of Addiction Medicine (ASAM) criteria.
Reasons Supporting Proposal: The rules guide the policies and procedures for program management.
Name of Agency Personnel Responsible for Development, Implementation and Enforcement: Sue Green, DASA, P.O. Box 45330, Olympia, WA 98504-5330, Woodland Square Loop/Lacey, (360) 438-8087.
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: See Purpose, Summary and Reasons Supporting Proposal above.
Proposal Changes the Following Existing Rules:
• WAC 388-800-0080 is repealed to implement SB 6482 (chapter 64, Laws of 2002). The bill amended RCW 74.50.050, removing the six-month (180 day) limitation on alcohol and drug treatment services for low income and indigent clients.
• Additional changes to WAC 388-800-0045, 388-800-0055, 388-800-0060, 388-800-0065, 388-800-0070, 388-800-0075, 388-800-0090, 388-800-0100, and 388-800-0110 will correct WAC references in this chapter, and amend language to clarify the rules' intent.
• WAC 388-800-0045(2) incorrectly references WAC 388-800-0120. The corrected WAC reference in subsection (2) should read: "Shelter services as described under WAC 388-800-0130."
• In WAC 388-800-0045(3), the reference to WAC 388-86-120 is obsolete (the WAC was repealed on December 6, 2000). Subsection (3) should read: "Medical care services as described under WAC 388-556-0500 and 388-529-0200."
No small business economic impact statement has been prepared under chapter 19.85 RCW. While this WAC chapter eliminates the limitation on the number of treatment days for ADATSA patients, the proposed WAC amendment will not impose new or additional costs to any chemical dependency treatments setting that might operate as a small business, of which most do meet the small business definition in RCW 19.85.020(1).
RCW 34.05.328 does not apply to this rule adoption. No cost benefit analysis is required for this change. Repeal of WAC 388-800-0080 is required by the recent adoption of SB 6482 (chapter 64, Laws of 2002). This proposed rule is exempt under RCW 34.05.328 (5)(b)(iii) and (v). Other proposed rules in this filing correct obsolete or incorrect cross-references, and clarify language without changing the effect of the rules. These proposed rules are therefore exempt under RCW 34.05.328 (5)(b)(iv).
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 26, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 22, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.
Submit Written Comments to: Chapter 388-800 WAC, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., November 26, 2002.
Date of Intended Adoption: Not earlier than November 27, 2002.
October 9, 2002
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3169.1(1) Alcohol/drug treatment services and support described under WAC-388-800-0080.
(2) Shelter services as described under WAC
((388-800-0120)) 388-800-0130.
(3) Medical care services as described under WAC
((388-86-120)) 388-556-0500 and 388-529-0200.
[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, § 388-800-0045, filed 7/28/00, effective 9/1/00.]
(1) Are diagnosed as having a mild, moderate, or severe dependency on a psychoactive substance class other than nicotine or caffeine, using the current criteria for Psychoactive Substance Dependence in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association (DSM IV or its successor);
(2) ((Are clearly diagnosed as currently dependent on
psychoactive substances other than nicotine or caffeine;
(3))) Have not abstained from alcohol and drug use for the last ninety days, excluding days spent while incarcerated;
(((4))) (3) Have not been gainfully employed in a job in
the competitive labor market at any time during the last
thirty days. For the purposes of this chapter, "gainfully
employed" means performing in a regular and predictable manner
an activity for pay or profit. Gainful employment does not
include noncompetitive jobs such as work in a
department-approved sheltered workshop or sporadic or
part-time work, if the person, due to functional limitation,
is unable to compete with unimpaired workers in the same job;
and
(((5))) (4) Are incapacitated, i.e., unable to work. Incapacity exists if you are one or more of the following:
(a) Currently pregnant or up to two months postpartum;
(b) Diagnosed as at least moderately psychoactive substance dependent and referred for treatment by child protective services;
(c) Diagnosed as severely psychoactive substance dependent and currently an intravenous drug user;
(d) Diagnosed as severely psychoactive substance dependent and has at least one prior admission to a department-approved alcohol/drug treatment or detoxification program;
(e) Diagnosed as severely psychoactive substance dependent and have had two or more arrests for offenses directly related to the chemical dependency; or
(f) Lost two or more jobs during the last six months as a direct result of chemical dependency.
[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, § 388-800-0055, filed 7/28/00, effective 9/1/00.]
(2) The assessment ((center)) entity is the department's
sole source of medical evidence required for the diagnosis and
evaluation of your chemical dependency and its effects on
employability.
(3) The assessment ((center)) entity provides a written
current assessment needed to determine your eligibility.
[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, § 388-800-0060, filed 7/28/00, effective 9/1/00.]
(a) Provide your diagnostic evaluation and decide your initial treatment placement;
(b) Conduct a face-to-face diagnostic assessment, according to WAC 388-805-310, to determine if you:
(i) Are chemically dependent;
(ii) Meet incapacity standards for treatment under WAC 388-800-0055; and
(iii) Are willing, able, and eligible to undergo a course of ADATSA chemical dependency treatment, once determined incapacitated.
(c) Determines a course of treatment based on your individual assessment of alcohol/drug involvement and treatment needs in accordance with RCW 70.96A.100.
[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, § 388-800-0065, filed 7/28/00, effective 9/1/00.]
(1) Develops your ADATSA treatment plan;
(2) Arranges ((all)) your initial chemical dependency
treatment placements taking into account the treatment
priorities described under WAC 388-800-0100;
(3) Provides you with written notification of your right to return to the community service office (CSO) at any time while receiving ADATSA treatment;
(4) Provides you with written notification of your right to request a fair hearing to challenge any action affecting eligibility for ADATSA treatment; and
(5) ((Provides ongoing case monitoring of your treatment
services; and
(6))) Notifies the CSO promptly of your placement or eligibility status changes.
[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, § 388-800-0070, filed 7/28/00, effective 9/1/00.]
[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, § 388-800-0075, filed 7/28/00, effective 9/1/00.]
(2) If you are discharged from treatment for any other reason, you will be referred to the next appropriate level of treatment.
(3) If you are absent from any residential treatment services for less than seventy-two hours you may reenter that program without being considered as having dropped out. This is done at the discretion of the treatment service administrator and without requiring you to apply for re-admittance through the assessment center.
(4) Once you voluntarily leave treatment you must reapply
and be referred again to ((the)) an ADATSA assessment entity
to receive further ADATSA treatment services.
(5) If you are terminated from treatment you are not eligible for benefits beyond the month in which treatment services end. Rules regarding advance and adequate notice still apply, but you are not eligible for continued assistance pending a fair hearing.
[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, § 388-800-0090, filed 7/28/00, effective 9/1/00.]
(a) Gives first priority to you if you are a pregnant woman or a parent with a child under eighteen years old in the home;
(b) Provides priority access for admission if you are:
(i) Referred by the department's children's protective services (CPS) program; and/or
(ii) An injecting drug user (IDU).
(2) If you are completing residential treatment you have priority access to outpatient treatment.
[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, § 388-800-0100, filed 7/28/00, effective 9/1/00.]
[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, § 388-800-0110, filed 7/28/00, effective 9/1/00.]
The following section of the Washington Administrative Code is repealed:
| WAC 388-800-0080 | What are the time limits for receiving types of chemical dependency treatment through ADATSA? |