SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Preproposal statement of inquiry was filed as WSR 11-20-103.
Title of Rule and Other Identifying Information: WAC 388-106-1200 through 388-106-1230, respite care services.
Hearing Location(s): Office Building 2, Lookout Room, 4th Floor, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on January 10, 2012, at 10:00 a.m.
Date of Intended Adoption: January 11, 2012.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., January 10, 2012.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 27, 2011, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at firstname.lastname@example.org.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is revising WAC 388-106-1200 through 388-106-1230, respite care services, to add language regarding the new tailored caregiver assessment and referral (TCARE) process and clarifying who is eligible to receive respite care services. Also, it is important to clarify that access to respite services is limited to caregivers providing care to adults not already receiving another state or medicaid funded long-term care services.
Reasons Supporting Proposal: See Purpose statement above.
Statutory Authority for Adoption: RCW 74.08.090 and 74.09.520.
Statute Being Implemented: RCW 74.08.090, 74.09.520.
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, Implementation and Enforcement: Hilari Hauptman, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2556.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
December 2, 2011
Katherine I. Vasquez
"Caregivers" means an adult (eighteen and over) spouse,
relative, or friend who has primary responsibility for the
daily)) care or supervision of an adult with a functional
disability without receiving direct, public or private payment
for the caregiver services (( provided)) they provide.
"Continuous care or supervision" means daily assistance or oversight of an adult with a functional disability.
"Family caregiver support program or FCSP" means a statewide program offered by area agencies on aging to provide support for unpaid caregivers who provide care to an adult with a functional disability.
Functionally)) Functional disability" means a
physical, mental or cognitive condition requiring
(( substantial assistance)) continuous care or supervision in
completing activities of daily living (( and community living
skills)) or instrumental activities for daily living.
Participant)) Care receiver" means an adult (age
eighteen and over) with a functional disability who needs
(( substantial)) daily continuous care or supervision.
"Service provider" means an ((
individual,)) agency, or
organization under contract to the area agency on aging (AAA)
or its subcontractor.
"Supervision" means providing oversight of an individual to assure his/her safety and well-being.
"TCAREŠ, tailored caregiver assessment and referral system" means the process (screening, assessment and care planning) to establish eligibility for respite care and other caregiver support services for unpaid family caregivers.
[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-1200, filed 5/17/05, effective 6/17/05.]
(a) Have primary responsibility for the ((
continuous)) care or supervision of an adult with a functional
disability who is not receiving a state or medicaid funded,
long-term care service (e.g., COPES, personal care services,
DD waiver); and
(b) Provide a minimum of an average of ((
hours per (( day for)) week of care, and/or supervision, or
live with an adult who needs continuous care or supervision;
(c) Not ((
be compensated)) receive financial payment for
the care; and
(d) Be assessed ((
as being at risk of placing the
participant in a long-term care facility if home and community
support services, including respite care, are not available))
in the TCAREŠ, tailored caregiver assessment and referral
system and determined to meet the eligibility threshold levels
determined by state level policy and have TCAREŠ recommend the
strategy to introduce alternate sources for care to provide
(2) An eligible participant is an adult who:
(a) Has a functional disability;
Needs daily substantial continuous care or
supervision)) Has a caregiver who is assessed in the TCAREŠ
system and meets the criteria in WAC 388-106-1210(1); and
Is assessed as requiring placement in a long-term
care facility if home and community support services,
including respite care, are not available)) Is not receiving a
state or medicaid funded, long-term care service (e.g., COPES,
personal care services, DD waiver).
(3) The area agency on aging (AAA) determines how many
hours of continuous care or supervision a day an unpaid
caregiver must provide to a participant to become eligible for
respite care services, as long as it is a minimum of twelve
hours per day, as outlined in subsection (1)(b) of this
[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-1210, filed 5/17/05, effective 6/17/05.]
(1) Nursing homes (chapter 388-97 WAC).
(2) Adult day ((
services)) service providers, (( which))
whose services includes adult day care, dementia day services
and adult day health.
(3) Home care and/or home health((
licensed through the department of health for in-home
(5) Licensed residential care facilities such as boarding homes, adult family homes, and assisted living facilities.
(6) Providers such as volunteer ((
services, and senior companions(( , and individual providers)).
[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-1215, filed 5/17/05, effective 6/17/05.]
(1) Respite care providers for the number of hours or
days of services authorized and ((
used)) provided. (( The)) If
the provider already has a medicaid rate (( that is))
established for (( the services)) providing a similar service,
that rate is (( negotiated between the respite care program of
the local area agency on aging and the respite care service
provider)) to be reimbursed by the local area agency on aging.
If there is no established rate for the service, one can be
negotiated between the local area agency on aging and the
respite care service provider.
(2) Medicaid-certified ((
nursing homes and DDD-certified
group homes)) licensed residential facilities providing
respite services at the medicaid rate approved for that
facility. Medicaid contracted (( nursing homes)) providers
must not charge more than the medicaid rate for any services
covered from the date of eligibility, unless authorized by the
department (see RCW 18.51.070). Participants must pay for
services not included in the medicaid rate.
(3) Private nursing homes at their published daily rate.
[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-1220, filed 5/17/05, effective 6/17/05.]
(2) If the ((
participant's)) care receiver's gross income
is above forty percent of the state median income, he or she
is required to pay for part or all of the cost of the respite
care services. The department will determine what amount the
participant must contribute based on the state median income
and family size.
(3) If the ((
participant's)) care receiver's gross income
is one hundred percent or more of the state median income, the
participant must pay the full cost of the respite care
[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-1225, filed 5/17/05, effective 6/17/05.]
(2) In nonemergency situations, respite care is allocated
based upon ((
available respite funds at the local level)) the
results of the TCAREŠ assessment and available local FCSP
funds. (( Respite care must be provided on a first-come,
first-served basis.)) If sufficient funds are not available
when (( respite care is requested, services are made available
using waiting lists and department-approved priority
categories, developed by the AAA, including caregiver
vulnerability and health condition, availability of other
support systems, and whether other family members need care))
an eligible caregiver requests services, AAA may establish
wait lists to prioritize clients receiving services as funding
[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-1230, filed 5/17/05, effective 6/17/05.]