WSR 08-18-046

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed August 29, 2008, 11:15 a.m. , effective September 29, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is adopting new WAC 388-106-0250, 388-106-0255, 388-106-0260, and 388-106-0265 under a new section entitled "roads to community living." These rules describe the project, eligibility, and time-limited nature of demonstration project services under the "money follows the person" grant.

Roads to community living (RCL) is a demonstration project, funded by a five-year "money follows the person" grant authorized under Section 6071 of the Deficit Reduction Act of 2005 (P.L. 109-171).

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

Other Authority: Deficit Reduction Act of 2005 (P.L. 109-171).

Adopted under notice filed as WSR 08-13-076 on June 16, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 0.

Date Adopted: August 26, 2008.

Stephanie E. Schiller

Rules Coordinator

3995.1
NEW SECTION
WAC 388-106-0250   What is the roads to community living (RCL) demonstration project and who is eligible?   (1) Roads to community living (RCL) is a demonstration project, funded by a five-year "money follows the person" grant authorized under section 6071 of the deficit reduction act of 2005 (P.L. 109-171). It is designed to test services and supports which help customers move from institutional settings into the community if they wish to.

(2) To be eligible, the department must assess your needs in CARE and you must:

(a) Have a continuous six months or longer stay in a qualified institutional setting (hospital, nursing home, residential habilitation center);

(b) Be Medicaid eligible for at least thirty days prior to discharge from the institutional setting;

(c) Intend to move to a qualified community setting (home, apartment, licensed residential setting with four or less unrelated individuals); and

(d) Not be able to move into a qualified community setting using available long-term care resources.

(3) When you are discharged to a qualified community setting, you are eligible for continuous Medicaid coverage until your RCL services end.

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NEW SECTION
WAC 388-106-0255   How long are RCL services available to me?   Roads to community living (RCL) can be authorized for no longer than three hundred sixty-five days in a qualified community setting. Day one of the demonstration year is the day you move from the institutional setting into the qualified community setting. Day three hundred sixty-five is the last day you can receive demonstration services.

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NEW SECTION
WAC 388-106-0260   How do I pay for RCL services?   Depending on your income and resources, you may be required to pay participation toward the cost of your care, as outlined in chapters 388-515 or 388-106 WAC.

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NEW SECTION
WAC 388-106-0265   Do I have the right to a fair hearing while receiving RCL services?   Yes, you may request a fair hearing based on the rules outlined in WAC 388-106-1305 to contest eligibility decisions made by the department. Once your three hundred sixty-five days of roads to community living (RCL) eligibility end, per WAC 388-106-0255, you may not request a fair hearing to contest the conclusion of RCL services or to request an extension.

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Washington State Code Reviser's Office