WSR 17-07-071 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed March 16, 2017, 8:28 a.m., effective March 16, 2017, 8:28 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The department is amending WAC 388-845-1610 Where can respite care be provided? and 388-845-1615 Who are qualified providers of respite care?, to remove references to overnight planned respite services. Overnight planned respite services are found in chapter 388-829R WAC, Overnight planned respite services, and are provided in addition to respite services a client may receive under a waiver. This amendment corrects changes to these sections made under WSR 16-17-003 filed on August 4, 2016. The department has been working toward permanent adoption and has drafted language for proposal.
Citation of Existing Rules Affected by this Order: Amending WAC 388-845-1610 and 388-845-1615.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The department is amending WAC 388-845-1610 and 388-845-1615 to correct earlier amendments filed as WSR 16-17-003 on August 4, 2016. These updates are needed to remove references to overnight planned respite services because they are not part of a home and community-based services waiver. Overnight planned respite services are covered in chapter 388-829R WAC and are in addition to respite services a client may receive under a waiver. The department has prepared draft text for proposal and it is currently under internal and stakeholder review.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: March 9, 2017.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-17-003, filed 8/4/16, effective 9/4/16)
WAC 388-845-1610 Where can respite care be provided?
(1) Respite care can be provided in the following location:
(a) Individual's home or place of residence;
(b) Relative's home;
(c) Licensed children's foster home;
(d) Licensed, contracted and DDA certified group home;
(e) Licensed assisted living facility contracted as an adult residential center;
(f) Adult residential rehabilitation center;
(g) Licensed and contracted adult family home;
(h) Children's licensed group home, licensed staffed residential home, or licensed child care center; and
(i) Other community settings such as camp, senior center, or adult day care center((; and
(j) Certified overnight planned respite services home)).
(2) Additionally, your respite care provider may take you into the community while providing respite services.
AMENDATORY SECTION (Amending WSR 16-17-003, filed 8/4/16, effective 9/4/16)
WAC 388-845-1615 Who are qualified providers of respite care?
Providers of respite care can be any of the following individuals or agencies contracted with DDA for respite care:
(1) Individuals meeting the provider qualifications under chapter 388-825 WAC;
(2) Homecare/home health agencies, licensed under chapter 246-335 WAC, Part 1;
(3) Licensed and contracted group homes, foster homes, child placing agencies, staffed residential homes and foster group care homes;
(4) Licensed and contracted adult family homes;
(5) Licensed and contracted adult residential care facilities;
(6) Licensed and contracted adult residential treatment facilities under chapter 246-337 WAC;
(7) Licensed child care centers under chapter 170-295 WAC;
(8) Licensed child day care centers under chapter 170-295 WAC;
(9) Adult day care providers under chapter 388-71 WAC contracted with DDA;
(10) Certified provider under chapter 388-101 WAC when respite is provided within the DDA contract for certified residential services; or
(11) ((Certified overnight planned respite services providers under chapter 388-829R WAC; or
(12))) Other DDA contracted providers such as community center, senior center, parks and recreation, summer programs.
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