WSR 12-18-053

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed August 30, 2012, 12:17 p.m. , effective September 1, 2012 ]


Effective Date of Rule: September 1, 2012.

Purpose: To amend and add specific sections of chapter 388-828 WAC, Division of developmental disabilities (DDD) assessment, rules to be in compliance with the requirements of SSB 6384 and related federal waivers recently renewed through Centers for Medicare and Medicaid Services (CMS). These changes define the methodology used to determine DDD community access services eligibility and the number of eligible hours each month for community access services.

Citation of Existing Rules Affected by this Order: Amending WAC 388-828-4420.

Statutory Authority for Adoption: RCW 71A.12.030 General authority of secretary -- Rule adoption and 34.05.350 (1)(c), emergency rules and amendments.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: The passing of SSB 6384 required coordination with CMS to agree on waiver language before we could develop new WAC language. The changes to CARE incorporate the waiver and WAC changes that take us from a dollar limitation to an acuity-based assessment that DDD staff will use to determine eligibility and the amount of services a client is eligible for. These scheduled changes will prevent clients from being incorrectly found not eligible or found eligible but for more services then [than] they qualify.

WAC needs to be adopted by emergency on September 1, 2012, to be in compliance with the date CMS has set for the changes to the waiver to take effect and ensure continued funding. These changes are going through the permanent rule process but will not be completed by September 1, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, 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 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 1, Repealed 0.

Date Adopted: August 28, 2012.

Katherine I. Vasquez

Rules Coordinator

4364.2
NEW SECTION
WAC 388-828-4165   How does DDD determine your total raw score for each subscale in the SIS support needs scale?   (1) DDD adds the raw scores (WAC 388-828-4160) for each activity assessed in each subscale of the SIS support needs scale to determine your total raw score for that subscale.

(2) The raw score for question number 9 in the home living activities subscale (WAC 388-828-4200) "using currently prescribed equipment or treatment" is not included in the total raw score for the home living activities subscale.

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AMENDATORY SECTION(Amending WSR 07-10-029, filed 4/23/07, effective 6/1/07)

WAC 388-828-4420   How does DDD determine your percentile rank and standard score for each subscale in the SIS support needs scale?   DDD uses the following table to convert your total raw score for each subscale into a percentile ranking:


If your raw score for the following SIS subscale is:
Home Living Community Living Lifelong Learning Employment Support Health and Safety Social Activities Then your percentile rank for the SIS subscale is: And your standard score for the SIS subscale is:
>99 20
>88 >94 >99 19
87-88 93-94 >99 18
85-86 91-92 >97 99 17
81-84 88-90 >96 >95 92-97 >97 98 16
77-80 84-87 92-96 91-95 86-91 91-97 95 15
73-76 79-83 86-91 85-90 79-85 84-90 91 14
68-72 74-78 79-85 78-84 72-78 76-83 84 13
62-67 69-73 72-78 70-77 65-71 68-75 75 12
55-61 63-68 64-71 61-69 57-64 58-67 63 11
48-54 56-62 55-63 52-60 49-56 48-57 50 10
40-47 49-55 46-54 42-51 42-48 38-47 37 9
32-39 41-48 36-45 32-41 34-41 28-37 25 8
25-31 33-40 27-35 23-31 27-33 19-27 16 7
18-24 25-32 18-26 15-22 20-26 10-18 9 6
11-17 16-24 9-17 7-14 13-19 3-9 5 5
3-10 6-15 <9 <7 7-12 <3 2 4
<3 <6 1-6 1 3
<1 <1 2
<1 1

[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, 388-828-4420, filed 4/23/07, effective 6/1/07.]


NEW SECTION
WAC 388-828-4440   How does DDD determine your SIS support needs index percentile ranking?   (1) DDD determines your SIS support needs index percentile ranking by adding together the standard scores (WAC 388-828-4420) for the following supports intensity scale assessment subscales:

(a) Home living activities in WAC 388-828-4200.

(b) Community living activities in WAC 388-828-4220.

(c) Lifelong learning activities in WAC 388-828-4240.

(d) Employment activities in WAC 388-828-4260.

(e) Health and safety activities in WAC 388-828-4280.

(f) Social activities in WAC 388-828-4300.

(2) Your standard scores for the above scales are added together to determine the sum of the standard scores.

(3) The supplemental protection and advocacy activities scale, and the exceptional medical and behavioral supports scales are not used in determining your support needs index percentile ranking.

(4) The sum of the standard scores is converted to your support needs index percentile ranking using the following table:


If the sum of the standard scores is: Your support needs index percentile is:
≥91 >99
90 99
89 99
88 99
87 98
86 98
85 97
84 97
83 96
82 95
81 95
80 94
79 93
78 92
77 91
76 89
75 87
74 86
73 84
72 82
71 81
70 77
69 75
68 73
67 70
66 68
65 65
64 63
63 58
62 55
61 53
60 50
59 47
58 45
57 39
56 37
55 35
54 32
53 30
52 27
51 25
50 23
49 19
48 18
47 16
46 14
45 13
44 13
43 9
42 8
41 7
40 6
39 5
38 5
37 4
36 3
35 3
34 2
33 2
32 1
31 1
30 1
≤29 <1

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NEW SECTION
WAC 388-828-9300   What is the DDD community access acuity scale?   The DDD community access acuity scale is an algorithm DDD uses to determine the number of support hours you may receive when you are approved for community access services.

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NEW SECTION
WAC 388-828-9310   How does DDD determine the number of hours you may receive each month for community access services?   (1) The number of hours of community access services you may receive each month is based on your community access service level.

(2) DDD determines your community access service level based on your SIS support needs index percentile ranking (WAC 388-828-4440) as detailed in the following table:


If your SIS support needs index percentile ranking according to WAC 388-828-4440 is: Your community access service level is: The number of hours you may receive for community access services each month is:
0 - 9th percentile A Up to 3 hours
10th - 19th percentile B Up to 6 hours
20th - 29th percentile C Up to 9 hours
30th - 44th percentile D Up to 12 hours
45th - 59th percentile E Up to 15 hours
60th - 74th percentile F Up to 18 hours
75th - 100th percentile G Up to 20 hours

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