WSR 17-19-004 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed September 7, 2017, 9:06 a.m., effective September 7, 2017, 9:06 a.m.] Effective Date of Rule: Immediately upon filing. Purpose: The department is amending WAC 388-845-1615 and 388-845-1620 as part of the developmental disabilities administration's (DDA) waiver renewal process. These emergency rules reflect the changes approved by the Centers for Medicare and Medicaid Services (CMS) in August 2017. Citation of Rules Affected by this Order: Amending WAC 388-845-1615 and 388-845-1620. Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule. Reasons for this Finding: DDA must not authorize waiver services unless they are part of a waiver application approved by CMS. CMS has approved DDA's waiver applications. These emergency rules are necessary for DDA to provide the services approved by CMS, and for DDA to receive federal funding. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Date Adopted: September 6, 2017. Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-12-011, filed 5/26/17, effective 6/26/17)
WAC 388-845-1615 Who may be qualified providers of respite care?
Providers of respite care may be any of the following individuals or agencies contracted with the developmental disabilities administration (DDA) for respite care:
(1) Individuals who meet the provider qualifications under chapter 388-825 WAC;
(2) Homecare/home health agencies licensed under chapter 246-335 WAC, Part 1;
(3) Licensed and contracted group homes, foster homes, child placing agencies, staffed residential homes, and foster group care homes;
(4) Licensed and contracted adult family homes;
(5) Licensed and contracted adult residential care facilities;
(6) Licensed and contracted adult residential treatment facilities under chapter 246-337 WAC;
(7) Licensed child care centers under chapter 170-295 WAC;
(8) Licensed child day care centers under chapter 170-295 WAC;
(9) Adult day care providers under chapter 388-71 WAC contracted with DDA;
(10) Certified providers under chapter 388-101 WAC when respite is provided within the DDA contract for certified residential services; or
(11) A licensed practical nurse (LPN) or registered nurse (RN) acting within the scope of the standards of nursing conduct or practice under chapter 246-700 WAC and contracted with DDA to provide this service; or
(12) Other DDA contracted providers such as a community center, senior center, parks and recreation, and summer programs.
AMENDATORY SECTION (Amending WSR 16-17-009, filed 8/4/16, effective 9/4/16)
WAC 388-845-1620 Are there limits to the respite care you can receive?
The following limitations apply to the respite care you can receive:
(1) For basic plus, core, and CIIBS waivers, the DDA assessment will determine how much respite you can receive per chapter 388-828 WAC.
(2) For the IFS waiver, the dollar amount for your annual allocation in your IFS waiver limits the amount of respite care you may receive.
(3) Respite cannot replace:
(a) Day care while your parent or guardian is at work; or
(b) Personal care hours available to you. When determining your unmet need, DDA will first consider the personal care hours available to you.
(4) Respite providers have the following limitations and requirements:
(a) If respite is provided in a private home, the home must be licensed unless it is the client's home or the home of a relative of specified degree per WAC 388-825-345;
(b) The respite provider cannot be the spouse of the caregiver receiving respite if the spouse and the caregiver reside in the same residence; and
(c) If you receive respite from a provider who requires licensure, the respite services are limited to those age-specific services contained in the provider's license.
(5) Your individual respite provider may not provide:
(a) Other DDA services for you during your respite care hours; or
(b) DDA paid services to other persons during your respite care hours.
(6) Your primary caregivers may not provide other DDA services for you during your respite care hours.
(7) If your personal care provider is your parent and you live in your parent's adult family home you may not receive respite.
(8) DDA may not pay for any fees associated with the respite care; for example, membership fees at a recreational facility, or insurance fees.
(9) If you require respite care from a licensed practical nurse (LPN) or a registered nurse (RN), respite services may be authorized ((as skilled nursing services per WAC 388-845-1700)) using an LPN or RN. Respite services are limited to the assessed respite care ((from a)) hours identified in your person-centered service plan. Respite provided by an LPN or RN requires a prior approval ((per WAC 388-845-1700(2). If you are on the IFS or basic plus waiver, skilled nursing services are limited to the dollar amounts of your basic plus aggregate services or IFS annual allocation per WAC 388-845-0210 and 388-845-0230)) by the regional administrator or designee.
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