WSR 06-01-096

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed December 21, 2005, 9:04 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-17-104.

     Title of Rule and Other Identifying Information: The department is making changes to sections in chapter 388-826 WAC, Voluntary placement program:

• Amending WAC 388-826-0085; and
• Creating new sections WAC 388-826-0130 through 388-826-0170.

     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, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on January 24, 2006, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than January 25, 2006.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., January 24, 2006.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by January 20, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 388-826 WAC governs the program management of the voluntary placement program (VPP). The division of developmental disabilities (DDD) is amending one section of the current rules and adding new rules to include the DDD VPP foster care assessment process and the rate structure.

     Reasons Supporting Proposal: Rules for the VPP were adopted in 2002. A foster care assessment process and rate structure was developed in 2003. DDD determined that amended and new sections of chapter 388-826 WAC are necessary to implement the application of the assessment process and the rate structure.

     Statutory Authority for Adoption: RCW 71A.12.030, 74.13.350.

     Statute Being Implemented: Title 71A RCW.

     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: Steve Brink, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail brinksc@dshs.wa.gov, (360) 725-3416; Implementation: Rita Dickey, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail dickerm@dshs.wa.gov, (360) 725-3444; and Enforcement: Colleen Erskine, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail erskicm@dshs.wa.gov, (360) 724-3452.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. DDD has determined that these rules do not affect small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. These rules are exempt from a cost-benefit analysis pursuant to RCW 34.05.328 (5)(b)(vii) as they relate only to client medical eligibility.

December 15, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3620.2
AMENDATORY SECTION(Amending WSR 02-22-057, filed 10/31/02, effective 12/1/02)

WAC 388-826-0085   ((Are)) What other DDD services are available for a child through the voluntary placement program?   (1) When a parent signs a voluntary placement agreement and the child ((enters)) is placed in the VPP outside the parental home, the child will no longer be eligible for services from the family support opportunity program, or the Medicaid Personal Care program. ((A parent will not be able to obtain other DDD services when the parent's child is in the VPP. The DDD VPP services will be authorized and obtained through the VPP. Some services will be similar to other DDD services, but they will not be paid for out of any other program, as long as the child is receiving services in the VPP))

     (2) Children living with their parents may receive personal care services provided under chapter 388-71 WAC.

     (3) If the child is covered under the DDD Core waiver as described in chapter 388-845 WAC, the child will receive the services identified on the Plan of Care.

[Statutory Authority: RCW 74.13.350. 02-22-057, § 388-826-0085, filed 10/31/02, effective 12/1/02.]


NEW SECTION
WAC 388-826-0130   How is the foster care rate determined in VPP?   (1) The basic foster care room and board rate is published by children's administration each year. See WAC 388-25-0120.

     (2) The foster care assessment is completed annually by DDD to determine the amount of any specialized rate that will be paid to the foster parent in addition to the basic rate.

     (3) The department administers the assessment to the foster parent. Based on information given by the foster parent and information gathered by the department, the standardized assessment will determine a score and assign a level.

     (4) Algorithms determine the score corresponding to the care needs for each child. Each level is assigned a rate. The rate will be paid to the foster parent caring for the child.

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NEW SECTION
WAC 388-826-0140   What areas are covered in the foster care assessment?   (1) Areas covered in the foster care assessment include:

     (a) Behaviors;

     (b) Physical needs; and

     (c) Therapeutic assistance and other activities requiring the assistance of the foster parent.

     (2) These activities are beyond those needed by a typically developing child.

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NEW SECTION
WAC 388-826-0150   What happens if the level assigned to the child changes?   The care needs of all children in foster care will be reassessed annually or more often if a major life change occurs.

     (1) A "major life change" is an unexpected, documented change in a child's medical or psychological condition that affects the level of care required.

     (2) If the assessed level changes and results in a rate change, the foster parent will receive at least thirty days written notice of the rate change. The notice will include the date that the rate change takes effect.

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NEW SECTION
WAC 388-826-0160   What limitations exist on administrative hearings regarding foster care payments in VPP?   The foster care provider and the parents are not entitled to request an administrative hearing to dispute the established foster care rates.

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NEW SECTION
WAC 388-826-0170   How are rates for licensed staffed residential homes determined in VPP?   Rates for licensed staffed residential homes are determined by the department after review of the needs of the child, the proposal from the licensed staffed residential agency and the proposed staffing schedule.

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