Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-15-094.

     Title of Rule and Other Identifying Information: Chapter 388-825 WAC, Division of developmental disabilities service rules: WAC 388-825-228 How can short-term intervention services through the family support opportunities program help my family? and 388-825-254 Service need level rates.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (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 May 9, 2006, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than May 10, 2006.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., May 9, 2006.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by May 5, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 71A.12.030.

     Statute Being Implemented: ESSB 6090 section 205 (1)(a) Conference Budget (chapter 518, Laws of 2005).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Steve Brink, P.O. Box 45310, Olympia, WA 98504-5310, (360) 725-3415; Implementation: Shirley Everard, P.O. Box 45310, Olympia, WA 98504-5310, (360) 725-3444; and Enforcement: Doug Washburn, P.O. Box 45310, Olympia, WA 98504-5310, (360) 725-3452.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impose any new costs on small businesses or small nonprofits.

     A cost-benefit analysis is not required under RCW 34.05.328. These rules adjust rates pursuant to legislative standards and are exempt from a cost-benefit analysis under RCW 34.05.328 (5)(b)(vi).

March 23, 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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