Effective Date of Rule: Immediately.

     Purpose: The department is amending WAC 388-825-228 and 388-825-254 to implement section 205 (1)(e), chapter 518, Laws of 2005, the budgeted allotment for the vendor rate increase (VRI) and the individual provider hourly rate. These rates increase the service need levels for fiscal year 2006 and fiscal year 2007. These emergency rules replace the emergency rules filed on November 15, 2005, as WSR 05-23-080.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-825-228 and 388-825-254.

     Statutory Authority for Adoption: RCW 71A.12.030.

     Other Authority: ESSB 6090 Conference Budget (section 205 (1)(a), chapter 518, Laws of 2005).

     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: Chapter 518, Laws of 2005, raised these payment rates effective July 1, 2005. Emergency rules are necessary to ensure that vulnerable clients continue to receive services essential to their health and welfare without disruption and to ensure that providers can be paid at the higher rate authorized by the legislature. The department has filed a notice to adopt permanent rules as WSR 05-05-094. The department plans to file the CR-102 proposed rule-making notice for permanent adoption no later than April 30, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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: March 13, 2006.

Andy Fernando, Manager

Rules and Policies Assistance Unit

     (1) Short-term intervention funds can be authorized for a one-time only need or for an episodic service need that occurs over a one-year period.

     (2) Short-term intervention funding cannot be used for basic subsistence such as food or shelter but is available for those specialized costs directly related to and resulting from your child's disability.

[Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. 04-22-068, § 388-825-228, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2001 2nd sp.s. c 7. 02-01-074, § 388-825-228, filed 12/14/01, effective 1/14/02. Statutory Authority: RCW 71A.12.030 and 71A.12.040. 00-23-106, § 388-825-228, filed 11/21/00, effective 12/22/00; 00-08-090, § 388-825-228, filed 4/5/00, effective 5/6/00. 99-19-104, recodified as § 388-825-228, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030. 99-04-071, § 275-27-195, filed 2/1/99, effective 3/4/99.]

     (a) Requests for family support services described in WAC 388-825-252 (2) and (5);

     (b) Service need levels. The amount of SSP (state supplementary payment) available to an individual will be included when calculating the monthly allocation of state family support dollars.

     (c) Availability of family support funding;

     (d) Authorization by a review committee, in each regional office, which reviews each request for service;

     (e) The amounts designated in subsection (2)(a) through (d) of this section are subject to periodic increase if vendor rate increases are mandated by the legislature.

     (2) Service need level lid amounts as follows:

     (a) Clients designated for service need level one (WAC 388-825-256) may receive up to ((one thousand one hundred ninety-eight dollars per month)) fifteen thousand four hundred dollars per year or ((two thousand four hundred sixty-two dollars)) twenty-nine thousand four hundred dollars per ((month)) year if the individual requires licensed nursing care in the home:

     (i) If an individual is receiving funding through Medicaid Personal Care or other DSHS in-home residential support, the maximum payable through family support shall be ((five hundred thirty-one)) six thousand eight hundred dollars per ((month)) year;

     (ii) If the combined total of family support services at this maximum plus in-home support is less than ((one)) six thousand ((one)) eight hundred ((ninety-eight)) dollars additional family support can be authorized to bring the total to ((one)) six thousand ((one)) eight hundred ((ninety-eight)) dollars per year.

     (b) Clients designated for service need level two (WAC 388-825-256) may receive up to ((four hundred seventy-two)) six thousand dollars per ((month)) year if not receiving funding through Medicaid Personal Care:

     (i) If an individual is receiving funds through Medicaid personal care or other DSHS in-home residential support service, the maximum receivable through family support shall be ((two hundred sixty-five)) three thousand four hundred dollars per ((month)) year;

     (ii) If the combined total of family support services at this maximum plus in-home support is less than ((four hundred seventy-two)) six thousand dollars, additional family support can be authorized to bring the total to ((four hundred seventy-two)) six thousand dollars per year.

     (c) Clients designated for service need level three (WAC 388-825-256) may receive up to ((two hundred sixty-five dollars per month)) three thousand four hundred dollars per year provided the individual is not receiving Medicaid personal care. If the individual is receiving Medicaid personal care or other DSHS in-home residential support service, the maximum receivable through family support shall be one ((hundred thirty-three dollars per month)) thousand seven hundred dollars per year; and

     (d) Clients designated for service level four (WAC 388-825-256) may receive up to one ((hundred thirty-three dollars per month)) thousand seven hundred dollars per year family support services.

     (3) The department shall authorize family support services contingent upon the applicant providing accurate and complete information on disability-related requests.

     (4) The department shall ensure service authorizations do not exceed maximum amounts for each service need level based on the availability of funds.

[Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. 04-22-068, § 388-825-254, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. 04-02-014, § 388-825-254, filed 12/29/03, effective 1/29/04. Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2001 2nd sp.s. c 7. 02-01-074, § 388-825-254, filed 12/14/01, effective 1/14/02. Statutory Authority: RCW 71A.12.030 and 71A.12.040. 00-23-106, § 388-825-254, filed 11/21/00, effective 12/22/00; 00-08-090, § 388-825-254, filed 4/5/00, effective 5/6/00. 99-19-104, recodified as § 388-825-254, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030, 71A.12.040 and Title 71A RCW. 97-13-051, § 275-27-222, filed 6/13/97, effective 7/14/97.]

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