WSR 07-01-046

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed December 14, 2006, 9:58 a.m. , effective January 14, 2007 ]


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

Purpose: Revises and adopts the WACs cited below to grant administrative hearing rights to clients whose total monthly hours or residential rate is reduced as a result of a termination or reduction in an approved exception to rule.

Amending WAC 388-106-0140 What may change the maximum number of hours that I can receive for in-home personal care services?; and new WAC 388-106-0145 What may change the maximum payment rate that will be paid for residential personal care services provided to me? and 388-106-1315 Do I have a right to an administrative hearing if my total in-home personal care hours approved as an exception to rule are reduced or terminated or if my increased residential payment rate approved as an exception to rule is reduced or terminated?

Citation of Existing Rules Affected by this Order: Amending WAC 388-106-0140.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, chapters 74.39 and 74.39A RCW.

Adopted under notice filed as WSR 06-21-121 on October 17, 2006.

Changes Other than Editing from Proposed to Adopted Version: No changes have been made to the proposed rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 1, Repealed 0.

Date Adopted: December 11, 2006.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3799.2
AMENDATORY SECTION(Amending WSR 05-11-082, filed 5/17/05, effective 6/17/05)

WAC 388-106-0140   What ((will)) may change the maximum number of hours that I can receive for in-home personal care services?   The maximum number of in-home personal care hours you can receive may change:

(1) When you have a change in any of the criteria listed in WAC 388-106-0125 and/or 388-106-0130((, the maximum hours you can receive will change)); or

(2) Because you meet the criteria in WAC 388-440-0001, an exception to rule is approved by the department for in-home personal care hours in excess of the amount determined to be available to you by the CARE tool.

[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, 388-106-0140, filed 5/17/05, effective 6/17/05.]


NEW SECTION
WAC 388-106-0145   What may change the maximum payment rate that will be paid for residential personal care services provided to me?   The maximum payment rate that will be paid for residential personal care services provided to you may change:

(1) When you have a change in any of the criteria listed in WAC 388-106-0115 and/or WAC 388-106-0120; or

(2) Because you meet the criteria in WAC 388-440-0001, an exception to rule is approved by the department for a payment rate for your residential personal care services in excess of the rate determined to be applicable to you by the CARE tool.

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3663.3
NEW SECTION
WAC 388-106-1315   Do I have a right to an administrative hearing if my total in-home personal care hours approved as an exception to rule are reduced or terminated or if my increased residential payment rate approved as an exception to rule is reduced or terminated?   Notwithstanding WAC 388-440-0001(3), you have a right to an administrative hearing regarding the department's exception to rule decision if:

(1) You receive services in your own home, and:

(a) The total number of in-home personal care hours you are currently receiving includes in-home personal care hours approved as an exception to rule in addition to the number of in-home care hours determined to be available to you by CARE; and

(b) The total number of in-home personal care hours you are currently receiving is reduced because of a reduction or termination in the number of in-home personal care hours approved as an exception to rule.

(2) You receive services in a residential facility, and:

(a) You currently have an increased residential payment rate approved as an exception to rule; and

(b) Your increased residential payment rate that was approved as an exception to rule is reduced or terminated.

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Washington State Code Reviser's Office