EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Purpose: The Division of Developmental Disabilities has received approval from the federal Centers for Medicare and Medicaid Services (CMS) to implement four home and community based service (HCBS) waivers, which replace the current community alternatives program (CAP) waiver, and as a result is adopting new chapter 388-845 WAC, DDD home and community based services waivers.
These rules only replace the emergency rules in chapter 388-845 WAC filed as WSR 04-16-019, removing respite care from the aggregate package of services in the Basic and Basic Plus waivers, and implementing a new respite assessment for individuals in the Basic and Basic Plus waivers. Emergency rules in chapter 388-825 WAC as filed in WSR 04-16-019 remain in effect.
Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120.
Other Authority: Chapter 71A.12 RCW.
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; and 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: These rules were originally filed on an emergency basis as WSR 04-08-020. The approval of the HCBS waivers by CMS required the department to implement new rules on April 1, 2004, to protect the health and welfare of eligible clients by ensuring no interruption in services to current participants in the CAP waiver occurs, and to ensure a continuation of federal matching funds under 42 C.F.R. 441, Subpart G - Home and Community Based Services -- Waiver Requirements.
The department has filed a notice of intent to adopt permanent rules as WSR 03-20-103. Ongoing negotiations with CMS and the need to obtain extensive feedback from stakeholders have delayed the filing of proposed rules for adoption on a permanent basis until the negotiations are completed and the feedback is obtained.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 116, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 116, Amended 0, Repealed 0.
Date Adopted: September 21, 2004.
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3373.9DDD HOME AND COMMUNITY BASED SERVICES WAIVERS
(2) Certain federal regulations are "waived" enabling the provision of services in the home and community to individuals who would otherwise require the services provided in an ICF/MR.
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(1) Basic waiver;
(2) Basic Plus waiver;
(3) CORE waiver; and
(4) Community Protection waiver.
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(1) Your current services will continue as authorized in your current CAP waiver plan.
(2) At the time of your next waiver plan of care after March 31, 2004, the rules and limits of your new waiver will apply.
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(1) You have been determined eligible for DDD services per RCW 71A.10.020(3).
(2) You have been determined to meet ICF/MR level of care per WAC 388-845-0070 through 388-845-0090.
(3) You meet disability criteria established in the Social Security Act.
(4) You meet financial eligibility requirements as defined in WAC 388-515-1510.
(5) You choose to receive services in the community rather than in an ICF/MR facility.
(6) You have a need for waiver services as identified in your plan of care.
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(1) First priority will be given to current waiver participants assessed to require a different waiver because their needs have increased and these needs cannot be met within the scope of their current waiver.
(2) DDD may also consider any of the following populations:
(a) Priority populations as identified and funded by the legislature.
(b) Persons DDD has determined to be in immediate risk of ICF/MR admission due to unmet health and safety needs.
(c) Persons identified as a risk to the safety of the community.
(d) Persons currently receiving services through state-only funds.
(e) Persons on an HCBS waiver that provides services in excess of what is needed to meet their identified health and welfare needs.
(3) For the Basic waiver only, DDD may consider persons who need the waiver services available in the Basic waiver to maintain them in their family's home.
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(1) Your request for waiver enrollment will be documented by DDD in a statewide database if DDD determines that you:
(a) Meet the criteria for a priority populations in WAC 388-845-0045, and
(b) Have ICF/MR level of care needs per WAC 388-845-0070 through 388-845-0090.
(2) When there is capacity available to enroll additional people in a waiver, WAC 388-845-0045 describes how DDD will determine who will be added.
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(1) DDD completes a reassessment at least every twelve months to determine if you continue to meet all of the eligibility requirements in WAC 388-845-0030.
(2) You must receive a waiver service at least once in every thirty consecutive days, as specified in WAC 388-513-1320 (3)(b).
(3) Your reassessments must be done in-person and may be completed more often if your functional, financial, or other significant circumstances change.
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(1) You no longer meet one of the requirements listed in WAC 388-845-0030;
(2) You no longer need or use waiver services;
(3) You are in the Community Protection waiver and choose not to be served by a certified residential community protection provider-intensive supported living services (CP-ISLS);
(4) You choose to disenroll from the waiver;
(5) You reside out of state;
(6) You cannot be located or do not make yourself available for the annual waiver reassessment of eligibility;
(7) You refuse to participate with DDD in:
(a) Service planning,
(b) Required quality assurance and program monitoring activities, or
(c) Accepting services agreed to in your plan of care as necessary to meet your health and safety needs.
(8) You are residing in hospital, jail, prison, nursing facility, ICF/MR, or other institution and remain in residence at least one full calendar month, and are still in residence:
(a) At the time your annual waiver reassessment is due; or
(b) On March 31st, the end of the waiver fiscal year, whichever date occurs first.
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(1) DDD cannot guarantee continuation of your current services, including Medicaid eligibility.
(2) Your eligibility for nonwaiver DDD services is based upon availability of funding and program eligibility for a particular service.
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(2) If you are age six through twelve, you need major or moderate support in seven of nine of the following tasks.
(3) The form indicates certain tasks that require major support and which require moderate or major support.
(a) Major support for:
(i) Dressing and grooming self,
(ii) Toileting self.
(b) Major or moderate support for:
(i) Eating,
(ii) Mobility,
(iii) Communication,
(iv) Making choices and taking responsibility,
(v) Exploring one's environment,
(vi) Supports needed to meet therapy and health needs
(vii) Family/caregiver support required to maintain the child at home.
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(2) This additional information may include occupational therapy (OT), physical therapy (PT), psychological, nursing, social work, speech and hearing, or other professional evaluations that reflect current needs.
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(1) If you are on the CAP waiver as of March 2004, your initial assignment to the Basic, Basic Plus, CORE, or Community Protection waiver is based on:
(a) Services you received from DDD in October 2002 through September 2003; and
(b) Services you were authorized to receive in October, November and December 2003.
(2) If you are new to a waiver since April 1, 2004, assignment is based on your assessment and service plan.
(3) Additional criteria apply to the assignment to the Community Protection waiver.
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(1) You have been identified by DDD as a person who meets one or more of the following:
(a) You have been convicted of or charged with a crime of sexual violence as defined in chapter 71.09 RCW;
(b) You have been convicted of or charged with acts directed towards strangers or individuals with whom a relationship has been established or promoted for the primary purpose of victimization, or persons of casual acquaintance with whom no substantial personal relationship exists;
(c) You have been convicted of or charged with a sexually violent offense and/or predatory act, and may constitute a future danger as determined by a qualified professional;
(d) You have not been convicted and/or charged, but you have a history of stalking, sexually violent, predatory and/or opportunistic behavior which demonstrates a likelihood to commit a sexually violent and/or predatory act based on current behaviors that may escalate to violence, as determined by a qualified professional;
(e) You have committed one or more violent crimes.
(2) You receive or agree to receive residential services from certified residential community protection provider-intensive supported living services (CP-ISLS); and
(3) You comply with the specialized supports and restrictions in your:
(a) Plan of care (POC);
(b) Individual instruction and support plan (IISP); and/or
(c) Treatment plan provided by DDD approved certified individuals and agencies.
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(1) A service must be offered in your waiver and authorized in your plan of care.
(2) Waiver services are limited to services required to prevent ICF/MR placement.
(3) The cost of your waiver services cannot exceed the average daily cost of an ICF/MR.
(4) Waiver services cannot replace or duplicate other available paid and unpaid supports and services, including payments authorized to you by DDD to purchase a service
directly.
(5) Waiver funding cannot be authorized for treatments determined by DSHS/medical assistance to be experimental.
(6) The Basic and Basic Plus waivers have yearly limits on some services and combinations of services.
(7) Your choice of qualified providers and services is limited to the most cost effective option that meets your assessed needs.
(8) Services out-of-state are limited to respite care and personal care during vacations.
(9) Other out-of-state waiver services require an approved exception to rule before DDD can authorize payment.
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(1) You are not eligible for state-only funding for DDD services.
(2) You are not eligible for Medicaid personal care.
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| SERVICES | YEARLY LIMIT | |
| BASIC WAIVER | Behavior management
and consultation Community guide Environmental accessibility adaptations Specialized medical equipment/supplies Occupational therapy Specialized psychiatric services Physical therapy Speech, hearing and language services Staff/family consultation and training Transportation |
May not exceed $1425 per year on any combination of these services |
| Person-to-person Supported employment Community access Prevocational services |
May not exceed $6500 per year | |
| Respite care | Limits are determined by respite assessment | |
| Personal care | Limits are determined by CARE assessment | |
| Mental health diversion
services: Behavior management and consultation Crisis respite care Specialized psychiatric services |
Limits determined by mental health or DDD | |
| Emergency assistance is only for services contained in the Basic waiver | $6000 per year; Preauthorization required |
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| SERVICES | YEARLY LIMIT | |
| BASIC PLUS WAIVER | Behavior
management and
consultation Community guide Environmental accessibility adaptations Specialized medical equipment/supplies Occupational therapy Specialized psychiatric services Physical therapy Skilled nursing Speech, hearing and language services Staff/family consultation and training Transportation |
May not exceed $6070 per year on any combination of these services |
| Person-to-person Supported employment Community access Prevocational services |
May not exceed $9500 per year | |
| Adult foster care
(adult family home) Adult residential care (boarding home) |
Determined per department rate structure | |
| Mental health
diversion services: Behavior management and consultation Crisis respite care Specialized psychiatric services Skilled nursing |
Limits determined by mental health or DDD | |
| Personal care | Limits determined by the CARE assessment | |
| Respite care | Limits are determined by respite assessment | |
| Emergency assistance is only for services contained in the Basic Plus waiver | $6000 per year; Preauthorization required |
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| SERVICES | YEARLY LIMIT | |
| CORE WAIVER | Behavior management and
consultation Community guide Environmental accessibility adaptations Specialized medical equipment/supplies Occupational therapy Specialized psychiatric services Physical therapy Respite care Skilled nursing Speech, hearing and language services Staff/family consultation and training Transportation |
Limited to the average cost of an ICF/MR for any combination of services |
| Residential habilitation | ||
| Person-to-person Supported employment Community access Prevocational services |
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| Personal care | Limited by CARE assessment |
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| SERVICES | YEARLY LIMIT | |
| COMMUNITY PROTECTION WAIVER | Behavior management
and consultation Environmental accessibility adaptations Specialized medical equipment/supplies Occupational therapy Specialized psychiatric services Physical therapy Skilled nursing Speech, hearing and language services Staff/family consultation and training Transportation |
Limited to the average cost of an ICF/MR for any combination of services |
| Residential habilitation | ||
| Person-to-person Supported employment Prevocational services |
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WAVIER SERVICES DEFINITIONS
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(1) AFH services are defined and limited per chapter 388-72A and 388-71 WAC governing Medicaid personal care and the comprehensive assessment and reporting evaluation (CARE) or the legacy comprehensive assessment.
(2) Rates are determined by and limited to department published rates for the level of care generated by CARE or the legacy comprehensive assessment.
(3) AFH reimbursement cannot be supplemented by other department funding.
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(1) An ARC is a licensed boarding home for seven or more unrelated adults.
(2) Services include, but are not limited to, individual and group activities; assistance with arranging transportation; assistance with obtaining and maintaining functional aids and equipment; housework; laundry; self-administration of medications and treatments; therapeutic diets; cuing and providing physical assistance with bathing, eating, dressing, locomotion and toileting; stand-by one person assistance for transferring.
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(1) Be a licensed boarding home;
(2) Be contracted with ADSA to provide ARC services; and
(3) Have completed the required and approved DDD specialty training.
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(1) ARC services are defined and limited by boarding home licensure and rules and chapter 388-72A and 388-71 WAC governing Medicaid personal care and the comprehensive assessment and reporting evaluation (CARE) or the legacy comprehensive assessment.
(2) Rates are determined and limited to department published rates for the level of care generated by CARE or the legacy comprehensive assessment.
(3) ARC reimbursement cannot be supplemented by other department funding.
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(1) The development and implementation of programs designed to support waiver participants to behave in ways that enhance their inclusion in the community.
(2) Strategies for effectively relating to caregivers and other people in the waiver participant's life.
(3) Direct interventions with the person to decrease aggressive, destructive, and sexually inappropriate or other behaviors that compromise their ability to remain in the community (i.e., training, specialized cognitive counseling).
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(1) Marriage and family therapist (chapter 246-809 WAC);
(2) Mental health counselor (chapter 246-809; 246-810 WAC);
(3) Psychologist (chapter 246-924 WAC);
(4) Registered counselor (chapter 246-810 WAC);
(5) Sex offender treatment provider (chapter 246-930 WAC);
(6) Social worker (chapter 246-809 WAC).
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(1) DDD and the treating professional will determine the need and amount of service you will receive, subject to the limitations in subsection (2) below.
(2) The dollar limitations in your Basic and Basic Plus waiver limit the amount of service.
(3) DDD reserves the right to require a second opinion from a department-selected provider.
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(1) If you are age sixty-one or younger, the goal of community access is to help you progress towards employment.
(2) If you are age sixty-two or older, this service is available to meet your retirement needs.
(3) This service is available to adults in the Basic, Basic Plus, and CORE waiver.
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(1) You must be age twenty-one and graduated from high school or age twenty-two or older.
(2) You cannot be authorized to receive community access services if you receive pre-vocational services or supported employment services.
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(1) You involuntarily lose your present residence for any reason either temporary or permanent;
(2) You lose your present caregiver for any reason, including death;
(3) There are changes in your caregiver's mental or physical status resulting in the caregiver's inability to perform effectively for the individual;
(4) There are significant changes in your emotional or physical condition that requires a temporary increase in the amount of a waiver service.
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(1) Prior authorization is required based on a reassessment of your plan of care to determine the need for emergency services;
(2) Payment authorizations are reviewed every thirty days and cannot exceed six thousand dollars per twelve months based on the effective date of your current plan of care (POC);
(3) Emergency services are limited to the scope of services in your waiver;
(4) Emergency Assistance may be used for interim services until:
(a) The emergency situation has been resolved; or
(b) You are transferred to alternative supports that meet your assessed needs; or
(c) You are transferred to an alternate waiver that provides the service you need.
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(a) Ensure the health, welfare and safety of the individual; or
(b) Enable the individual who would otherwise require institutionalization to function with greater independence in the home.
(2) Environmental accessibility adaptations may include the installation of ramps and grab bars, widening of doorways, modification of bathroom facilities, or installing specialized electrical and/or plumbing systems necessary to accommodate the medical equipment and supplies that are necessary for the welfare of the individual.
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(1) Prior approval by DDD is required.
(2) Environmental accessibility adaptations or improvements to the home are excluded if they are of general utility without direct medical or remedial benefit to the individual, such as carpeting, roof repair, central air conditioning, etc.
(3) Environmental accessibility adaptations cannot add to the total square footage of the home.
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Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-845-1015
Are there limits to the extended state
plan services I can receive?
(1) Additional therapy may be
authorized as a waiver service only after you have accessed
what is available to you under Medicaid and any other private
health insurance plan;
(2) The department does not pay for treatment determined by DSHS to be experimental;
(3) The department and the treating professional determine the need for and amount of service you can receive:
(a) The department reserves the right to require a second opinion from a department-selected provider.
(b) The department will require evidence that you have accessed your full benefits through Medicaid and private insurance before authorizing this waiver service.
(4) The Basic and Basic Plus waivers limit the amount of service you can receive.
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(1) Behavior management and consultation,
(2) Skilled nursing services,
(3) Specialized psychiatric services,
(4) Mental health crisis respite for the purpose of crisis stabilization.
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(2) All individual providers and homecare agency providers must meet provider qualifications for in-home caregivers in WAC 388-71-0500 through 388-71-0556.
(3) Providers of adults must comply with the training requirements in these rules governing Medicaid personal care providers in WAC 388-71-05670 through 388-71-05799.
(4) Natural, step, or adoptive parents can be the personal care provider of their adult child age eighteen or older.
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(2) The maximum hours of personal care you may receive are determined by the approved department assessment for Medicaid personal care services.
(a) Provider rates are limited to the department established hourly rates for in-home Medicaid personal care.
(b) Homecare agencies must be licensed through the department of health and contracted with DDD.
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(1) You must be age twenty-one and graduated from high school or age twenty-two or older.
(2) You are not expected to be competitively employed within one year (excluding supported employment programs).
(3) You cannot be authorized to receive prevocational services if you receive community access services or supported employment services.
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(2) Services may provide instruction and support addressing one or more of the following outcomes:
(a) Health and safety;
(b) Personal power and choice;
(c) Competence and self-reliance;
(d) Positive recognition by self and others;
(e) Positive relationships; and
(f) Integration into the physical and social life of the community.
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(1) Individuals contracted with DDD to provide residential support as a "companion home" provider;
(2) Individuals contracted with DDD to provide training as an "alternative living provider";
(3) Agencies contracted with DDD and certified per chapter 388-820 WAC; State-operated living alternatives (SOLA);
(4) Licensed and contracted group care homes, foster homes, child placing agencies, staffed residential homes (licensed and contracted adult residential rehabilitation center per WAC 246-325-0012.
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(1) Are contracted with DDD and certified under chapter 388-820 WAC as a residential community protection provider-intensive supported living services (CP-ISLS); and
(2) Meet the additional standards in DDD Policy 15.04 (Standards for community protection intensive supported living services).
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(2) None of the following can be paid for under the CORE or Community Protection waiver:
(a) Room and board;
(b) The cost of building maintenance, upkeep, improvement, modifications or adaptations required to assure the health and safety of residents, or to meet the requirements of the applicable life safety code;
(c) Activities or supervision already being paid for by another source;
(d) Services provided in your parent's home unless you are receiving alternative living services for a maximum of six months to transition you from your parent's home into your own home.
(3) The following persons cannot be paid providers for your service:
(a) Your spouse;
(b) Your natural, step, or adoptive parents if you are a child age seventeen or younger;
(c) Your natural, step, or adoptive parent unless your parent is certified as a residential agency per chapter 388-820 WAC or is employed by a certified or licensed agency qualified to provide residential habilitation services.
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(1) You are a child under age eighteen living in a private home;
(2) You live in a licensed children's foster home;
(3) You are age eighteen or older and live with a contracted companion home provider;
(4) You are age eighteen or older and live in a private home with your full-time caregiver:
(a) This includes paid and unpaid caregivers;
(b) Paid caregivers are defined as parent providers, companion home providers, and foster homes, and are only able to receive respite care for the hours they are not being paid to provide care to you or other individuals;
(c) The home cannot be a licensed adult family home or an adult residential care facility or a certified DDD residential program.
(5) You are age eighteen or older and are authorized respite through mental health crisis diversion.
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(1) Individual's home or place of residence;
(2) Relative's home;
(3) Licensed children's foster home;
(4) Licensed, contracted and DDD certified group home;
(5) State operated living alternative (SOLA) and other DDD certified supported living settings;
(6) Licensed boarding home contracted as an adult residential center;
(7) Adult residential rehabilitation center;
(8) Licensed and contracted adult family home;
(9) Children's licensed group home, licensed staffed residential home, or licensed childcare center;
(10) Other community settings such as camp, senior center, or adult day care center.
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(1) Individuals meeting 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 AFH;
(5) Licensed and contracted ARC;
(6) Licensed and contracted adult residential rehabilitation center (WAC 246-325-012);
(7) Licensed childcare center chapter 388-151 WAC;
(8) Licensed child daycare center chapter 388-151 WAC;
(9) Adult day care centers contracted with DDD;
(10) Certified provider per chapter 388-820 WAC when respite is provided within the DDD contract for certified residential services;
(11) Other DDD contracted providers such as community center, senior center, parks and recreation, summer programs, adult day care.
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(1) A respite care assessment will determine how much respite you can receive if you are in the Basic or Basic Plus waiver.
(2) Prior approval by DDD is required to exceed fourteen days per month.
(3) Respite cannot be a replacement for daycare while a parent or guardian is at work.
(4) Respite is in addition to any personal care hours available to you.
(5) Respite care cannot be authorized in an unlicensed private home unless it is the client's home or the home of a relative.
(6) When determining your unmet need for respite care, DDD will first consider the personal care hours available to you.
(7) If you require respite from a licensed healthcare professional, your needs will be authorized under skilled nursing per WAC 388-845-1700.
(8) The respite provider cannot be the spouse of the caregiver receiving respite if the spouse and the caregiver reside in the same residence.
(9) If your caregiver is providing paid care to you or other individuals, they cannot receive respite care during those hours in which they are providing paid care.
(10) If you are in the CORE waiver, the POC, not the respite assessment, will determine the amount of respite care available to you.
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(2) Services include nurse delegation services provided by a registered nurse, including the initial visit, follow-up instruction, and/or supervisory visits.
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(1) Prior department approval is required.
(2) The department and the treating professional determine the need for and amount of service.
(3) The department reserves the right to require a second opinion by a department-selected provider.
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(2) Included are devices, controls, appliances, and items necessary for life support; ancillary supplies and equipment necessary to the proper functioning of such items; and durable and nondurable medical equipment not available through Medicaid under the Medicaid state plan.
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(1) Prior approval by the department is required for each authorization.
(2) The department reserves the right to require a second opinion by a department-selected provider.
(3) Items reimbursed with waiver funds shall be in addition to any medical equipment and supplies furnished under the Medicaid state plan.
(4) Items are excluded if they are not of direct medical and remedial benefit to the individual.
(5) Medications, prescribed or nonprescribed, and vitamins are excluded.
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(2) Service may be any of the following:
(a) Psychiatric evaluation,
(b) Medication evaluation and monitoring,
(c) Psychiatric consultation.
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(1) Advanced registered nurse practitioner (ARNP),
(2) Physician assistant,
(3) Psychiatrist.
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(2) Consultation and training is provided to families, direct staff, or personal care providers to meet the specific needs of the waiver participant as outlined in the individual's plan of care.
(3) Special needs include:
(a) Health and medication monitoring,
(b) Positioning and transfer,
(c) Basic and advanced instructional techniques,
(d) Positive behavior support,
(e) Augmentative communication systems.
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(1) Audiologist,
(2) Licensed practical nurse,
(3) Marriage and family therapist,
(4) Mental health counselor,
(5) Occupational therapist,
(6) Physical therapist,
(7) Counselor,
(8) Registered nurse,
(9) Sex offender treatment provider,
(10) Speech/language pathologist,
(11) Social worker,
(12) Psychologist.
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(1) Supported employment includes activities needed to sustain paid work by individuals
receiving waiver services, including supervision and training.
(2) Supported employment is conducted in a variety of settings; particularly work sites in which persons without disabilities are employed.
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(1) You must be age twenty-one and graduated from high school or age twenty-two or older.
(2) Payment will be made only for the adaptations, supervision and training you require as a result of your disabilities.
(3) Payment is excluded for the supervisory activities rendered as a normal part of the business setting.
(4) You cannot be authorized to receive supported employment services if you receive community access services or prevocational services.
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(1) Transportation provides the person access to waiver and other community services,
activities and resources, specified by the plan of care.
(2) Whenever possible, the person will use family, neighbors, friends, or community agencies that can provide this service without charge.
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(1) Transportation to/from medical or medically related appointments are Medicaid transportation services and are to be considered and used first.
(2) Transportation is offered in addition to medical transportation but shall not replace Medicaid transportation services.
(3) Reimbursement for provider mileage requires prior approval by DDD and is paid according to contract.
(4) This service does not cover the purchase or lease of vehicles.
(5) Reimbursement for provider travel time is not included in this service.
(6) Reimbursement to the provider is limited to transportation that occurs when you are with the provider.
(7) You are not eligible for transportation services if the cost and responsibility for transportation is already included in your waiver provider's contract and payment.
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ASSESSMENT AND PLAN OF CARE(1) You receive an initial and annual assessment of your needs using a department-approved form.
(a) The "comprehensive assessment reporting evaluation (CARE)" will determine your eligibility and amount of personal care services.
(b) If you are in the Basic or Basic Plus waiver, a DDD respite assessment will determine the amount of respite care available to you.
(2) From the assessment, DDD develops your waiver plan of care (POC) with you and/or your legal representative and others who are involved in your life such as your parent or guardian, advocate and service providers.
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(1) You cannot be the respondent for your own respite assessment.
(2) The department may select and interview additional respondents as needed to get complete and accurate information.
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(1) The level of monitoring you require, above and beyond what is typically required for persons of similar age;
(2) Circumstances in your primary caregiver's life that may impact his/her care giving ability;
(3) The effect of your disability on other household members;
(4) Your primary caregiver's care giving responsibilities for others;
(5) How many parents, legal representatives and/or primary caregivers live in the same household as you;
(6) Availability of others to provide your care; and
(7) Your disability related emotional or behavior issues and how that affects your caregiver; the frequency and severity of these issues; and what a caregiver does to help you manage these behaviors.
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(1) The respite lid represents the maximum number of respite hours you are authorized to receive in a twelve-month period.
(2) You may use as many respite hours as you need, up to your assessed respite lid.
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(2) Your plan must include:
(a) The services that you and DDD have agreed are necessary for you to receive in order to address your health and welfare needs;
(b) Both paid and unpaid services you receive or need;
(c) How often you will receive each waiver service; how long you will need it; and who will provide it; and
(d) Your signature on the plan indicating your agreement.
(3) You may choose any qualified provider for the service, who meets all of the following:
(a) Is able to meet your needs within the scope of their contract, licensure and certification;
(b) Is reasonably available;
(c) Meets provider qualifications in chapters 388-845 and 388-825 WAC for contracting; and
(d) Agrees to provide the service at department rates.
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(1) DDD will continue providing services as identified in your most current POC for up to thirty days from the date you were notified of the plan to implement your most current POC.
(2) After thirty days, unless you file an appeal, DDD will assume consent and implement the new POC with or without your signature or the signature of your legal representative.
(3) You will be provided written notification and appeal rights to this action to implement the new POC.
(4) Your appeal rights are in WAC 388-825-120 through 388-825-165.
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(a) Add more available natural supports;
(b) Initiate an exception to rule to access available nonwaiver services not included in the Basic or Basic Plus waiver other than natural supports;
(c) Authorize emergency services up to six thousand dollars per year if your needs meet the definition of emergency services in WAC 388-845-0800.
(2) If emergency services and other efforts are not sufficient to meet your needs, you will be offered:
(a) An opportunity to apply for an alternate waiver that has the services you need;
(b) Priority for placement on the alternative waiver when there is capacity to add people to that waiver;
(c) Placement in an ICF/MR.
(3) If none of the options in subsections (1) and (2) above is successful in meeting your health and welfare needs, DDD may terminate your waiver eligibility.
(4) If you are terminated from a waiver, you will remain eligible for nonwaiver DDD services but access is limited by availability of funding.
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(a) Add more available natural supports;
(b) Initiate an exception to rule to access available nonwaiver services not included in the CORE or Community Protection waiver other than natural supports;
(c) Offer you the opportunity to apply for an alternate waiver that has the services you need, subject to WAC 388-845-0045;
(d) Offer you placement in an ICF/MR.
(2) If non of the above options is successful in meeting your health and welfare needs, DDD may terminate your waiver eligibility.
(3) If you are terminated from a waiver, you will remain eligible for nonwaiver DDD services but access is limited by availability of funding.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-845-3090
What if my identified health and
welfare needs are less than what is provided in my current
waiver?
If your identified health and welfare needs are less
than what is provided in your current waiver, DDD may require
you to apply for an alternative waiver whose services meet but
do not exceed what is necessary to meet your identified health
and welfare needs.
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(2) Currently clients are only required to participate towards the cost of residential services provided in a licensed facility.
(3) If you live in a licensed facility, you participate from your earned and unearned income per rules in WAC 388-515-1510:
(a) If you have nonexempt income that exceeds the cost of your Waiver services, you may keep the difference.
(b) If you are an SSI beneficiary who receives only SSI income, you pay only for board and room and you keep a personal allowance of thirty-eight dollars and eighty-four cents.
(c) If you are an SSI beneficiary who receives SSI and SSA benefits, you only pay for board and room and you are allowed to keep an additional twenty dollars for a total personal allowance of fifty-eight dollars and eighty-four cents.
(d) If you are not an SSI beneficiary, you may be required to participate towards the cost of your waiver services in addition to your facility board and room rate.
(e) If you earn wages and are not an SSI beneficiary, the department exempts the first sixty-five dollars and one-half of the remaining earned gross wages from the amount of income used to calculate participation.
(f) Guardianship fees, payee fees and medical expenses not covered by Medicaid are deducted from your available income when calculating the amount of your participation.
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(1) Any denial, reductions, or termination of a service.
(2) A denial or termination of your choice of a qualified provider.
(3) Your termination from waiver eligibility.
(4) Denial of your request to receive ICF/MR services instead of waiver services.
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(2) If you want to appeal a department action, you must file a written appeal with the office of administrative hearings in Olympia within twenty-eight days from receipt of the department notice of the action you are disputing.
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