WSR 09-24-063

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed November 25, 2009, 9:26 a.m. , effective December 26, 2009 ]


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

Purpose: The purpose of these rules is to amend chapter 388-828 WAC, DDD assessment rules and chapter 388-826 WAC, Voluntary placement, regarding the implementation of a standardized tool for determining the number of respite hours clients may receive when they are approved for voluntary placement services in a licensed foster home. The standardized tool will replace DDD's existing negotiated process for determining the amount of annual respite clients may receive when they are approved for these voluntary placement services.

Citation of Existing Rules Affected by this Order: Amending [new section] WAC 388-826-0077.

Statutory Authority for Adoption: RCW 71A.12.010 and 71A.12.030.

Other Authority: Title 71A RCW.

Adopted under notice filed as WSR 09-19-127 on September 22, 2009.

A final cost-benefit analysis is available by contacting Mark Eliason, 640 Woodland Square Loop S.E., Lacey, WA 98504, phone (360) 725-2517, fax (360) 407-0955, e-mail eliasmr@dshs.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 0, Repealed 0.

Date Adopted: November 25, 2009.

Susan N. Dreyfus

Secretary

4139.2
NEW SECTION
WAC 388-826-0077   Are there limits to the respite care I can receive if I receive voluntary placement services?   The following limitations apply to the respite care you can receive when approved for voluntary placement services:

(1) The DDD assessment will determine how much respite you can receive per chapter 388-828 WAC.

(2) Prior approval by the DDD regional administrator or designee is required:

(a) To exceed fourteen days in a calendar per month for out-of-home respite; or

(b) To pay for more than eight hours in a twenty-four hour period of time for respite care in any setting other than your place of residence.

(3) Respite providers have the following limitations and requirements:

(a) If respite is provided in a private home, the home must be licensed;

(b) The respite provider cannot be the spouse of the foster parent receiving respite if the spouse and the foster parent reside in the same residence;

(c) If you receive respite from a provider who requires licensure, the respite services are limited to those age-specific services contained in the provider's license.

(4) DDD cannot pay for any fees associated with the respite care; for example, membership fees at a recreational facility, or insurance fees.

(5) If you require respite from a licensed practical nurse (LPN) or a registered nurse (RN), services may be authorized as skilled nursing services per WAC 388-845-1700 using an LPN or RN.

(6) Respite cannot replace daycare while your foster parent is at work.

(7) Respite cannot replace natural supports available to the child while in foster care. Family members will not be paid to provide respite.

(8) If you reside in a licensed staffed residential home or group care facility, you are not eligible to receive respite care.

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4138.1
NEW SECTION
WAC 388-828-5985   How does DDD determine your unadjusted respite assessment level if DDD has authorized you to receive voluntary placement services per chapter 388-826 WAC?   DDD determines your unadjusted respite assessment level for voluntary placement services using the following table:


If your Protective Supervision Support Level is: And your behavioral acuity level is: Then your unadjusted respite assessment level is:
0 None 1
0 Low 1
0 Medium 2
0 High 2
1 None 1
1 Low 1
1 Medium 2
1 High 3
2 or 3 None 2
2 or 3 Low 2
2 or 3 Medium 2
2 or 3 High 4
4 None 2
4 Low 2
4 Medium 3
4 High 4
5 None 3
5 Low 3
5 Medium 4
5 High 5
6 None 3
6 Low 3
6 Medium 4
6 High 5

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NEW SECTION
WAC 388-828-6005   How does DDD determine your voluntary placement services support score per chapter 388-826 WAC?  


If your unadjusted respite assessment level for voluntary placement services in WAC 388-828-5985 is: Then your voluntary placement services support score is:
1 240
2 240
3 409
4 578
5 747

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NEW SECTION
WAC 388-828-6006   How does DDD determine the number to use in the adjustment of your voluntary placement services score?   DDD determines the amount of the adjustment for your voluntary placement services support score using the following tables:


If you are authorized to receive voluntary placement services per chapter 388-826 WAC and Your ADL support needs level for the SIS per WAC 388-828-5480
None Low Medium High
Your medical acuity level per WAC 388-828-5700 None 288 288 321 337
Low 288 288 321 337
Medium 288 343 402 443
High 288 443 619 693

Example: If your ADL support needs level is "medium" and your medical acuity level is "low," the amount of your adjustment is 321.

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NEW SECTION
WAC 388-828-6007   How does DDD determine the number of respite hours you may receive annually if you are receiving voluntary placement services?   DDD determines the number of respite hours you may receive annually by adding your voluntary services support score in WAC 388-828-6005 to your adjusted voluntary services support rating score in WAC 388-828-6006.

Example: If your voluntary placement services support score is 240 and your adjusted voluntary placement services score is 321, the number of respite hours you may receive annually is 561.

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Washington State Code Reviser's Office