WSR 17-15-091 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed July 18, 2017, 9:10 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-22-080.
Title of Rule and Other Identifying Information: WAC 170-290-0220 Special needs rates—Qualification and required documentation.
Hearing Location(s): Department of Early Learning (DEL), State Office, 110 Jefferson Street S.E., Room 113, Olympia, WA, on August 22, 2017, at 10:30 a.m.
Date of Intended Adoption: August 23, 2017.
Submit Written Comments to: Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, email rules@del.wa.gov, fax (360) 725-4925, by August 22, 2017.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by August 18, 2017, (360) 725-4670.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The revision impacts families who are authorized to participate in the working connections child care subsidy program. The revision will relieve families who have qualified for a special needs rate of the requirement to submit a new verification for review or when changing providers, if the child's condition has been verified to be life-long and not improving.
Reasons Supporting Proposal: Improve program delivery for families who qualify for special needs subsidy rates by removing duplicative requirements to produce verifying documents.
Statute Being Implemented: Chapter 43.215 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Matt Judge, Child Care Administrator and Subsidy Policy Supervisor, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 725-4665; Implementation and Enforcement: DEL and DSHS, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i). Further, DEL does not voluntarily make that section applicable to the adoption of this rule.
July 18, 2017
Ross Hunter
Director
AMENDATORY SECTION (Amending WSR 16-09-059, filed 4/15/16, effective 5/16/16)
WAC 170-290-0220 Special needs rates—Qualification and required documentation.
(1) Qualification. To qualify for a special needs rate in addition to the base rate, the consumer must request a special needs review for the child. The child must either:
(a) Be thirteen up to nineteen years of age and be under court supervision; or
(b) Be less than nineteen years of age and have a verified physical, mental, emotional, or behavioral condition that requires a higher level of care needed in the child care setting.
(2) Required documentation. The documentation must:
(a) Support the severity of the condition and level of care required to meet that child's need;
(b) Describe the child's additional needs above the daily routine care required under chapter 170-295, 170-296A, or 170-297 WAC, for child care providers who are licensed or certified, or WAC 170-290-0130 and 170-290-0138 for child care providers who provide in-home/relative care;
(c) Address relevant areas, such as ambulatory assistance, feeding, hygiene assistance, communication, or behavior as applicable and as needed by the child;
(d) Include the DEL special needs request form, one completed separately by the consumer and the provider; and
(e) Have the child's condition and need for higher level of care verified by an individual who is not employed by the child care facility nor a relative of the provider or the child's family, and is either a:
(i) Health, mental health, education or social service professional with at least a master's degree; or
(ii) Registered nurse.
New verification is not required at review or provider change, if the child's condition has been verified to be life-long and not improving;
(f) Include one or more of the following completed forms from a person listed in (e) of this subsection:
(i) Medical or psychological reports from a mental health professional;
(ii) Medical reports or statements from a medical health profession;
(iii) Individualized education plan (IEP);
(iv) Individual health plan (IHP);
(v) Individual family service plan (IFSP);
(vi) Basic health records from the health care provider; or
(vii) Comprehensive assessments from a mental health professional.
(g) For one-on-one care, the name of the person providing the care.
(3) Special needs review.
(a) DSHS processes all Level 1 special needs cases.
(b) DEL and DSHS jointly review Level 2 special needs cases.
(c) DEL and DSHS jointly review special needs requests for children thirteen years of age through nineteen years of age.
(d) All requests for Levels 1 and 2 special needs additional rates are decided within fifteen consecutive days of the initial request. The fifteen-day time limit begins on the day after the date that the consumer and provider provide all of the required verification for that case as provided in this section.
(e) The provider will be notified of the approval or denial of a Level 2 special needs additional rate request within fourteen calendar days of the decision.
(4) Purpose of special needs rate. WCCC does not pay for the provider's training needs to care for a specific child or for the child's equipment needs while in the child care setting. The special needs rate is for care provided in addition to the daily routine care required under chapter 170-295, 170-296A, or 170-297 WAC, for child care providers who are licensed or certified, or WAC 170-290-0130 and 170-290-0138 for child care providers who provide in-home/relative care.
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