WSR 06-23-054

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed November 8, 2006, 10:38 a.m. , effective November 8, 2006 ]


Effective Date of Rule: Immediately.

Purpose: The division of developmental disabilities has received approval from the federal Centers for Medicare and Medicaid Services (CMS) to increase the dollar maximum for certain services in the Basic and Basic Plus waivers within the home and community based service (HCBS) waivers. This second emergency rule replaces the emergency rule filed as WSR 06-15-050 on July 12, 2006, and is necessary as the rule is part of a major rewrite of chapter 388-845 WAC. The major rewrite has not been completed as we are waiting for further clarification from CMS on other aspects of the waiver rules.

Citation of Existing Rules Affected by this Order: Amending WAC 388-845-0205 and 388-845-0210.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120.

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: The approval of the amendments to the HCBS waivers by CMS allows the department to increase the dollar maximum for certain services within the Basic and Basic Plus waivers. These increases are necessary for the public general welfare to ensure that the eligible clients receive the full benefits for which they are entitled while the department completes the adoption of permanent rules which was begun under WSR 06-09-013 filed on April 10, 2006. We expect the permanent rule to be implemented by March 27, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: November 8, 2006.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3782.2
AMENDATORY SECTION(Amending WSR 06-01-024, filed 12/13/05, effective 1/13/06)

WAC 388-845-0205   Basic waiver services.  


BASIC WAIVER SERVICES YEARLY LIMIT
AGGREGATE SERVICES: May not exceed $((1425)) 1454 per year on any combination of these services

Behavior management and consultation
Community guide
Environmental accessibility adaptations
Occupational therapy
Physical therapy
Specialized medical equipment/supplies
Specialized psychiatric services
Speech, hearing and language services
Staff/family consultation and training
Transportation
EMPLOYMENT/DAY PROGRAM SERVICES: May not exceed $((6500)) 6631 per year
Community access
Person-to-person
Prevocational services
Supported employment
Sexual deviancy evaluation Limits are determined by DDD
Respite care Limits are determined respite assessment
Personal care Limits are determined by CARE assessment
MENTAL HEALTH STABILIZATION SERVICES: Limits are determined by a mental health professional or DDD

Behavior management and consultation
Mental health crisis diversion bed services
Skilled nursing
Specialized psychiatric services
Emergency assistance is only for services contained in the Basic waiver $6000 per year; Preauthorization required

[Statutory Authority: RCW 71A.12.030, 71A.12.12 [71A.12.120] and chapter 71A.12 RCW. 06-01-024, 388-845-0205, filed 12/13/05, effective 1/13/06.]


AMENDATORY SECTION(Amending WSR 06-01-024, filed 12/13/05, effective 1/13/06)

WAC 388-845-0210   Basic Plus waiver services.  


BASIC PLUS WAIVER SERVICES YEARLY LIMIT
AGGREGATE SERVICES: May not exceed $((6070)) 6192 per year on any combination of these services

Behavior management and consultation
Community guide
Environmental accessibility adaptations
Occupational therapy
Physical therapy
Skilled nursing
Specialized medical equipment/supplies
Specialized psychiatric services
Speech, hearing and language services
Staff/family consultation and training
Transportation
EMPLOYMENT/DAY PROGRAM SERVICES: May not exceed $((9500)) 9691 per year
Community access
Person-to-person
Prevocational services
Supported employment
Adult foster care (adult family home) Determined per department rate structure
Adult residential care (boarding home)
MENTAL HEALTH STABILIZATION SERVICES: Limits determined by a mental health professional or DDD
Behavior management and consultation
Mental health crisis diversion bed services
Skilled nursing
Specialized psychiatric services
Personal care Limits determined by the CARE assessment
Respite care Limits are determined by respite assessment
Sexual deviancy evaluation Limits are determined by DDD
Emergency assistance ((in)) is only for services contained in the Basic Plus waiver $6000 per year; Preauthorization required

[Statutory Authority: RCW 71A.12.030, 71A.12.12 [71A.12.120] and chapter 71A.12 RCW. 06-01-024, 388-845-0210, filed 12/13/05, effective 1/13/06.]

Washington State Code Reviser's Office