WSR 06-04-088

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed January 31, 2006, 4:18 p.m. , effective March 2, 2006 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: Chapter 388-826 WAC governs the program management of the voluntary placement program (VPP). The division of developmental disabilities 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. New rules include WAC 388-826-0130 through 388-826-0170. For clarity, WAC 388-826-0100, 388-826-0105, 388-826-0110, 388-826-0115, 388-826-0120 and 388-826-0125, were recodified to WAC 388-826-200, 388-826-0210, 388-826-0220, 388-826-0230, 388-826-0240, and 388-826-0250 respectively. See WSR 06-01-107.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-826-0085.

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

     Other Authority: Title 71A RCW.

      Adopted under notice filed as WSR 06-01-096 on December 21, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 1, Repealed 0.

     Date Adopted: January 25, 2006.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3620.3
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 with 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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