PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Supplemental Notice to WSR 05-09-084.
Preproposal statement of inquiry was filed as WSR 04-23-103.
Title of Rule and Other Identifying Information: Adopting new chapter 388-824 WAC, Division of developmental disabilities (DDD) mini-assessment process.
Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on September 6, 2005, at 10:00 a.m.
Date of Intended Adoption: Not earlier than September 7, 2005.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., on September 6, 2005.
Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by September 2, 2005, TTY (360) 664-6178 or (360) 664-6097.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these rules is to govern and support the implementation and use of the mini-assessment by the Division of Developmental Disabilities. Adoption of these rules will help promote consistent application and understanding of the mini-assessment. This new chapter:
| • | Describes who receives a mini-assessment and its purpose; |
| • | Defines "level of need" groups; and |
| • | Identifies how clients are referred to receive a full assessment. |
Reasons Supporting Proposal: The Joint Legislative Audit and Review Committee (JLARC) in 2003 recommended that DSHS develop an assessment process for developmentally disabled clients that is designed to be consistently applied to all clients in all parts of the state. The legislature appropriated funds for the development and implementation of the mini-assessment per section 205 (1)(iii), chapter 518, Laws of 2005.
Statutory Authority for Adoption: RCW 71A.12.030.
Statute Being Implemented: Title 71A RCW.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The department has withdrawn WAC 388-824-0110, 388-824-0130, 388-824-0150, 388-824-0160, 388-824-0180, 388-824-0200, 388-824-0250, 388-824-0270, and 388-824-0300, from the original proposed rule-making notice filed as WSR 05-09-084 on April 19, 2005. See notice filed as WSR 05-16-031.
Name of Proponent: Department of Social and Health Services, governmental.
Name of Agency Personnel Responsible for Drafting: Mark Eliason, 640 Woodland Square Loop S.E., Lacey, WA 98504-5600, P.O. Box 45600, Olympia, WA 98504-5600, e-mail Eliasmr2@dshs.wa.gov, (360) 725-2517, fax (360) 407-0955; Implementation and Enforcement: Don Clintsman, 640 Woodland Square Loop S.E., Lacey, WA 98504-5600, P.O. Box 45600, Olympia, WA 98504-5600, e-mail ClintDL@dshs.wa.gov, (360) 725-3421, fax (360) 407-0955.
No small business economic impact statement has been prepared under chapter 19.85 RCW. DDD has determined that these rules do not affect small businesses.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Bob Beckman, 640 Woodland Square Loop S.E., Lacey, WA 98504-5600, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2490, fax (360) 407-0955, e-mail beckmrc@dshs.wa.gov.
July 27, 2005
Andy Fernando, Manager
Rules and Policies Assistance Unit
3542.9DIVISION OF DEVELOPMENTAL DISABILITIES MINI-ASSESSMENT PROCESS
"Algorithm" means a numerical formula used by the mini-assessment software application to assign a client to a level of need group.
"CARE" means the Comprehensive Assessment Reporting Evaluation as defined in Chapter 388-106 WAC.
"Client" means a person with a developmental disability as defined in Chapter 388-823 WAC. For purposes of this chapter, the term "client" may include the client's representative.
"Crisis" means a serious and imminent threat exists or will exist without immediate intervention and the client lacks the resources to address the situation. The threat may be:
(1) To the life, health and/or safety of the client; or
(2) To the safety of the client's family; or
(3) To the safety of the community.
"Department" means the Washington State department of social and health services.
"DDD" means the division of developmental disabilities, a division within the aging and disability services administration (ADSA), department of social and health services (DSHS).
"Domain" means a specific area of the client's life. For mini-assessment purposes only, domains are identified in WAC 388-824-0025.
"Full assessment" means an inventory and evaluation of client needs using a department approved tool to determine service eligibility and amount of services that may be authorized.
"Full assessment referral database" means a report that contains client identification information and mini-assessment results.
"ICF/MR" means a facility certified as an intermediate care facility for the mentally retarded by Title XIX to provide services to individuals diagnosed as having mental retardation or persons with related conditions as defined in chapter 388-825 WAC.
"Information and referral" means a service directing clients to appropriate DSHS and generic community resources based on reported and/or assessed needs. This includes client/family education and problem solving related to reported and/or identified needs. This does not include authorizing a paid service.
"Mini-assessment" means a brief computerized assessment tool using a set of questions and responses scored by an algorithm. A mini-assessment identifies the relative level of need that exists in specific domains of the client's life.
"Paid services" is defined as one or more of the following:
(1) Authorization of a paid service within the last ninety days as evidenced by a social services payment system (SSPS) authorization, a county authorization for day program services, a Waiver Plan of Care approving a DDD paid service, or residence in a SOLA or ICF/MR.
(2) Authorization of family support services within the last twelve months.
(3) Documentation of DDD approval of your absence from DDD paid services for more than ninety days with available funding for your planned return to services.
"Reassessment" means any additional mini-assessment that the client receives after the initial mini-assessment.
"Respondent" means a client's parent(s) or another person who participates in the mini-assessment interview by answering questions and providing information.
"Significant change" means a reported change, for better or worse, in the client's medical condition, caregiver status, or need for support that differs from what was reported in the client's initial mini-assessment.
"SOLA" means a state operated living alternative program for adults that is operated by DDD.
[]
[]
[]
(1) Identify major domains in which needs may exist, as identified in WAC 388-824-0010;
(2) Identify clients with no current unmet needs;
(3) Identify clients who are not in crisis and who will receive information and referral services alone;
(4) Identify clients who need employment or other county services;
(5) Determine whether a client is in crisis;
(6) Identify clients who may be eligible for Medicaid Personal Care;
(7) Assign clients to one of the following level of need groups for referral to the Full Assessment Referral Database:
(a) High level of need;
(b) Moderate level of need; or
(c) Low level of need; and
(8) Assist supervisors and case resource managers to make decisions about whom to refer for a full assessment.
[]
(1) Housing;
(2) Caregiver/support system;
(3) Safety;
(4) Community protection;
(5) Behavior;
(6) Financial/subsistence;
(7) Physical health;
(8) Mental health;
(9) Personal care assistance;
(10) Education;
(11) Employment;
(12) Social/community participation;
(13) Legal;
(14) Communication;
(15) Adaptive equipment; and
(16) Transportation.
[]
[]
(2) You are eligible to be a client of DDD per WAC 388-823-0020 and are eligible for the Medicaid Categorically Needy Program (CNP) but you have been determined ineligible for Medicaid Personal Care by a CARE assessment, or have declined Medicaid Personal Care Services.
[]
(1) Your child is under age of three, since your child:
(a) May be eligible for services through the federally funded Infant Toddler Early Intervention Program; and
(b) May be referred for county-funded child development services.
(2) You are under the age of seventeen years and receiving private duty nursing services as defined by WAC 388-551-3000.
(3) You have been authorized to receive a State Supplementary Payment, through SSPS.
(4) You are currently living in or being discharged from a state-paid residential program or facility.
(5) You are in crisis and have been referred directly for a full assessment by a supervisor or case resource manager.
(6) You are receiving paid services as defined in WAC 388-824-0001.
[]
[]
(2) The mini-assessment may occur at any site agreed to by you, your respondent(s) and DDD.
[]
(1) A significant change is reported regarding your relative level of need; and
(2) You and/or your respondent have requested assistance in supporting your reported unmet need to your case resource manager; and
(3) You meet the criteria defined in WAC 388-824-0040 and WAC 388-824-0050; or
(4) A supervisor and/or your case resource manager determine that a reassessment is necessary.
[]
(a) Your family's annual gross income; and
(b) The number of dependents in your family's household.
(2) Your case resource manager must ask for this information before completing your mini-assessment.
(3) If your respondent(s) agree to disclose your family's annual gross income and the number of your family's dependents, your case resource manager must record this information in the CARE tool.
[]
[]
[]
(1) Document that the your respondent(s) have declined to provide information regarding your family's annual gross income information and/or number of family dependents.
(2) Ask your respondent(s) if they would like information regarding a referral for ICF/MR services per Title 71A RCW, chapter 388-825 WAC and chapter 388-837 WAC.
(3) Offer you and/or your respondent(s) an opportunity to complete the mini-assessment.
[]
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 388-824-0120
What is the difference between a
mini-assessment for adults and a mini-assessment for children?
The differences between a mini-assessment for adults and
children are:
(1) The requirement to request your family income information and number of family dependents per chapter 388-824-0070; and
(2) The presentation of different wordings of questions which may activate or inactivate whole questions based on your age.
[]
[]
(1) Refer you to the Full Assessment Referral Database for a full assessment.
(2) Assist you to resolve a crisis, if indicated by the mini-assessment, before initiating a full assessment.
(3) Offer you necessary information and referral services to address a reported and/or assessed need.
(4) Provide you and your respondent(s) with information on how to contact your case resource manager should a change in your needs occur.
(5) Refer you for further case management review if the mini-assessment indicates:
(a) You have an unmet need in the community protection domain; or
(b) You may be at risk for placement in a more restrictive setting.
[]
(1) Refer you to the Full Assessment Referral Database for a full assessment.
(2) Offer you necessary information and referral services to address a reported and/or assessed need.
(3) Refer you for further case management review if the mini-assessment identifies you to be at risk for placement in a more restrictive residential setting.
(4) Provide you and your respondent(s) with information on how to contact your case resource manager should a change in your needs occur.
[]
(1) Refer you to the Full Assessment Referral Database.
(2) Offer you necessary information and referral services to address a reported and/or assessed need.
(3) Provide you and your respondent(s) with information on how to contact your case resource manager should a change in your needs occur.
[]
[]
[]
(1) Your assigned level of need group; and
(2) Information on how to contact your case resource manager should a change in your needs occur.
[]
(1) Your name, date of birth, and phone number.
(2) The date your mini-assessment was performed.
(3) Information about whether the mini-assessment indicated that you may be in crisis.
(4) Information regarding your relative level of need to include:
(a) Your assigned level of need group; and
(b) Your mini-assessment score.
[]
(1) Your mini-assessment score;
(2) Your identified level of unmet need;
(3) DDD's capacity for completing full assessments; and
(4) Available funding to provide an approved service to meet the identified level of unmet need.
[]
(1) You have received a full assessment;
(2) DDD determines that you no longer meet the criteria for a mini-assessment per WAC 388-824-0050; or
(3) DDD determines that you are receiving a paid service and/or no longer eligible to be a client of the division of developmental disabilities per chapter 388-823 WAC.
[]
[]
(a) You disagree with the information entered into the mini-assessment; or
(b) DDD denies you and/or your designated representative's request to have a reassessment performed.
(2) You do not have the right to appeal the mini-assessment algorithm.
[]
[]