EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Effective Date of Rule: October 22, 2009.
Purpose: The department is amending chapter 388-828 WAC, the DDD assessment, to add the children's intensive in-home behavioral support program (CIIBS) eligibility algorithm.
Citation of Existing Rules Affected by this Order: Amending WAC 388-828-1620.
Statutory Authority for Adoption: RCW 71A.12.30 [71A.12.030].
Other Authority: Section 205 (1)(i), chapter 329, Laws of 2008, 2008 ESHB 2687.
Under RCW 34.05.350 the agency for good cause finds 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: The 2008 supplemental budget, ESHB 2687, section [205](1)(i) directs the department to develop and implement a federal HCBS waiver to provide intensive behavior support services for up to one hundred children with developmental disabilities and their families. DDD is incorporating rules for the CIIBS eligibility algorithm into chapter 388-828 WAC. An initial public notice was filed September 29, 2008, as WSR 08-20-087. This 4th emergency rule extends the emergency rule filed June 24, 2009, as WSR 09-14-044.
CMS approved the waiver as of May 1, 2009, and stakeholder work continues. The rules are expected to be formally proposed by November 2009.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 1, Repealed 0.
Date Adopted: September 30, 2009.
Stephanie E. Vaughn
Rules Coordinator
4033.3
| If you are approved by DDD to receive: | Your client group is: |
| (1) DDD (( (2) State-only residential services per chapter 388-825 WAC; or (3) ICF/MR services per 42 CFR 440 and 42 CFR 483. |
Waiver and State-Only Residential |
| (4) Medicaid personal care (MPC) per chapter 388-106 WAC; or (5) DDD HCBS Basic, Basic Plus, CIIBS or Core waiver services per chapter 388-845 WAC and personal care services per chapter 388-106 WAC; or (6) Medically intensive health care program services per chapter 388-551 WAC; or (7) Adult day health services per chapter 388-106 WAC; or (8) Private duty nursing services per chapter 388-106 WAC; or (9) Community options program entry system (COPES) services per chapter 388-106 WAC; or (10) Medically needy residential waiver services per chapter 388-106 WAC; or (11) Medicaid nursing facility care services per chapter 388-106 WAC. |
Other Medicaid Paid Services |
| (12) County employment services per chapter 388-850 WAC. (13) Other DDD paid services per chapter 388-825 WAC, such as: (a) Family support services; or (b) Professional services. (14) Nonwaiver voluntary placement program services per chapter 388-826 WAC; (15) SSP only per chapter 388-827 WAC; |
State-Only Paid Services |
| (16) You are not approved to receive any DDD paid services. | No Paid Services |
[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, § 388-828-1620, filed 4/23/07, effective 6/1/07.]
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(1) You are the assessed age of eight or older and under age eighteen;
(2) Your behavior acuity level is high per WAC 388-828-5640;
(3) Your caregiver's risk score is medium, high or immediate per WAC 388-828-5300;
(4) Your ICF/MR score is eligible per WAC 388-828-4400; and
(5) You are not enrolled in the CIIBS waiver.
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(1) The DDD protective supervision acuity scale (WAC 388-828-5000 to 388-828-5100);
(2) The DDD caregiver status acuity scale (WAC 388-828-5120 to 388-828-5360);
(3) The DDD behavioral acuity scale (WAC 388-828-5500 to 388-828-5640);
(4) The DDD activities of daily living (ADL) acuity scale (WAC 388-828-5380 to 388-828-5480);
(5) The DDD mobility acuity scale (WAC 388-828-5380 to 388-828-5480); and
(6) Eligible condition of "autism" as indicated in the DDD determination (WAC 388-823-0500).
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| Section and WAC reference | If you meet the following criteria: | Then adjust your score by: | Score if you meet criteria |
| Clients meeting eligibility criteria in WAC 388-828-8505 | Beginning Score = 0 | ||
| DDD Determination | Eligible condition of autism in the DDD determination. | Adding 40 points | = |
| ADL Acuity Level | Your ADL support needs level = high, medium or low |
Subtracting 54 points | = |
| Behavior Acuity Scale WAC 388-828-5500 through 388-828-5640 |
Your most prominent behavior = assault/injury
= "potentially dangerous" or "life threatening" |
Adding 14 points | = |
| Protective Supervision Acuity Scale | Your answer to the following question:
"What level of monitoring does the client
typically require during awake hours?" = "Line of sight/earshot" |
Adding 13 points | = |
| DDD Caregiver Status Acuity | Your caregiver risk level = high or immediate |
Adding 136 points | = |
| Backup Caregiver Status | Your answer to the following question:
"Under what conditions are other
caregiver(s) available?" = "No other caregiver available" |
Adding 33 points | = |
| Mobility Acuity Scale | Your mobility acuity level = high, medium or low |
Subtracting 15 points | = |
| Sum of all of scores above is your CIIBS out-of-home placement risk score | = |
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| If your CIIBS out-of-home placement risk score is: | Then your CIIBS eligibility is: |
| 96 or greater | Yes - Severe |
| 17 through 95 | Yes - High |
| Less than 17 | No - (not eligible) |
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