PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)
Date of Adoption: June 19, 2000.
Purpose: WAC 388-71-0435 Am I eligible for COPES-funded services? is being adopted:
• So that the COPES eligibility requirements meet the definition of nursing facility level of care, as required by federal regulations (42 C.F.R. 441.302(c)) and
• To meet clear rule-writing standards.
Also, corrects a cross-reference in WAC 388-71-0430 and repeals WAC 388-15-610.
Citation of Existing Rules Affected by this Order: Repealing WAC 388-15-610; and amending WAC 388-71-0430.
Statutory Authority for Adoption: RCW 74.39A.030.
Adopted under notice filed as WSR 00-10-033 on April 24, 2000.
Changes Other than Editing from Proposed to Adopted Version: The adopted rule (a) removes the proposed language from WAC 388-71-0430 because it was more restrictive; (b) removes superfluous language "due to your complex medical needs;" (c) adds a cross-reference to WAC 388-15-202 and 388-15-203; and (d) replaces the term "approved" with "completed."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 1. Effective Date of Rule: Thirty-one days after filing.
June 19, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2735.2
You are eligible to receive HCP services if you meet the
functional and financial eligibility requirements in WAC
((388-15-610)) 388-71-0435 for COPES, WAC 388-71-0440 for MPC, or
WAC 388-71-0445 for Chore. Your eligibility begins upon the date
of the department's service authorization.
[Statutory Authority: RCW 74.39.010, 74.08.090, 74.39A.110, 74.09.520. 00-04-056, § 388-71-0430, filed 1/28/00, effective 2/28/00.]
You are eligible for COPES-funded services if you meet all of the following criteria. The department or its designee must assess your needs and determine that:
(1) You are age:
(a) Eighteen or older and blind or disabled, as defined in WAC 388-511-1105; or
(b) Sixty-five or older.
(2) You meet financial eligibility requirements. This means the department will assess your finances and determine if your income and resources fall within the limits set in WAC 388-515-1505, Community options program entry system (COPES).
(3) You:
(a) Are not eligible for Medicaid personal care services; or
(b) Are eligible for Medicaid personal care services, but the department determines that the amount, duration, or scope of your needs is beyond what Medicaid personal care can provide.
(4) Your comprehensive assessment shows you need the level of care provided in a nursing facility (or will likely need the level of care within thirty days unless COPES services are provided) which means one of the following applies. You:
(a) Require care provided by or under the supervision of a registered nurse or a licensed practical nurse on a daily basis;
(b) Have an unmet need requiring substantial or total assistance with at least two or more of the following activities of daily living (ADLS) as defined in WAC 388-15-202 and 388-15-203:
(i) Eating,
(ii) Toileting,
(iii) Ambulation,
(iv) Transfer,
(v) Positioning,
(vi) Bathing, and
(vii) Self-medication.
(c) Have an unmet need requiring minimal, substantial or total assistance in three or more of the ADLS listed in subsection (4)(b)(i) through (vii) of this section; or
(d) Have:
(i) A cognitive impairment and require supervision due to one or more of the following: disorientation, memory impairment, impaired judgment, or wandering; and
(ii) An unmet need requiring substantial or total assistance with one or more of the ADLS listed in subsection (4)(b)(i) through (vii) of this section.
(5) You have a completed service plan, per WAC 388-15-205.
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The following section of the Washington Administrative Code is repealed:
| WAC 388-15-610 | COPES -- Eligibility. |