Purpose: The emergency rule revises chapter 388-72A WAC, Comprehensive assessment and reporting evaluation (CARE) tool, to incorporate CARE assessment criteria for children receiving state plan Medicaid personal care (MPC) services.

     The department has withdrawn proposed WAC 388-72A-0042 filed under WSR 04-14-099 and scheduled for public hearing on September 7, 2004. This WAC is included in this emergency and has also been filed under a supplemental CR-102 proposed rule. This emergency filing of new WAC 388-72A-0042 replaces and supersedes only the same section as filed in emergency rules WSR 04-15-013. Other emergency rules in WSR 04-15-013 will remain in effect.

     Statutory Authority for Adoption: RCW 74.08.090 and 74.09.520.

     Other Authority: RCW 74.39A.095.

     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.

     Reasons for this Finding: Based on fair hearings, the department has determined that confusion about the new CARE assessment as described under current rules in chapter 388-72A WAC is leading to inconsistent hearing decisions and is jeopardizing the fair and equitable administration of home and community programs. Additional information about the CARE algorithm needs to be included in chapter 388-72A WAC immediately in order to allay such confusion and to ensure that clients receive benefits appropriate to their assessed needs.

     A supplemental CR-102, Proposed rule-making notice for adoption of permanent rules on this subject has been filed and a public hearing is scheduled for October 5, 2004, see WSR 04-18-071.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.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 2, Amended 0, Repealed 0.

     Date Adopted: August 30, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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Ages

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Additional guidelines based on age

Any foot care needs

Status Need met

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Any skin care (other than feet)

Status Need met

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Speech/Hearing

Score comprehension as understood

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Memory

Short term memory ok

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Long term memory ok

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Depression

Select interview= unable to obtain

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Decision making

Rate how client makes decisions= independent

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Bladder/Bowel

Support provided for nighttime wetting only -

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Individual management= Doesnot need/use

Individual management= Does not need/use

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     (2) For client in foster care, the assessor does not score mental health therapy, behaviors, or depression.

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