WSR 10-04-122

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed February 3, 2010, 11:25 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-15-162.

Title of Rule and Other Identifying Information: The department is amending WAC 388-832-0160 Are there limits to the respite care I receive?, 388-832-0305 Who are qualified providers for parent/sibling education?, 388-832-0345 Are there limitations on one-time awards?, and 388-832-0460 How will DDD notify me of their decision?

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. A map or directions are available at http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on March 9, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than March 10, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by

5 p.m. on March 9, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by February 23, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules clarify limits on respite care, identify who are qualified providers for parent/sibling education and specifies how the division of developmental disabilities will notify clients of decisions regarding the individual and family services program.

Reasons Supporting Proposal: The proposed changes to these rules are meant to clarify the wording of these chapters so that rules governing respite care and how providers and clients are notified of decisions regarding respite care are easier to understand. These rules have minimal if any cost to the department and amend WAC so that individuals participating in the individual and family support program are better able to understand the services available through that program.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.040, 71A.12.161.

Statute Being Implemented: RCW 71A.12.030, 71A.12.040, 71A.12.161.

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: Meredith Kelly, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3524; Implementation: Debbie Couch, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3415; and Enforcement: Don Clintsman, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3421.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impact was prepared as the amended rules proposed clarify language in the WAC and generally make the rules easier to understand by the consumer. Furthermore, there are no costs imposed on small businesses by these proposed rules. Based on RCW 19.85.025, the proposed rule making is exempt from preparing a small business economic impact statement.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are defined as procedural or interpretive under RCW 34.05.328 (5)(c).

January 28, 2010

Don Goldsby, Manager

Rules and Policies Assistance Unit

4124.1
AMENDATORY SECTION(Amending WSR 09-11-054, filed 5/13/09, effective 6/13/09)

WAC 388-832-0160   Are there limits to the respite care I receive?   The following limitations apply to the respite care you can receive:

(1) Respite cannot replace:

(a) Daycare, childcare or preschool while a parent is at work; and/or

(b) Personal care hours available to you. When determining your unmet need, DDD will first consider the personal care hours available to you.

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

(a) If respite is provided in a private home, the home must be licensed unless it is the client's home or the home of a relative of specified degree per WAC 388-825-345;

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

(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.

(d) The respite care provider cannot be your natural, step or adoptive parent living with you.

(3) Your caregiver will not be paid to provide DDD services for you or other persons at the same time you receive respite services.

(4) The need for respite must be identified in your ISP and, in combination with other IFS services, may not exceed your IFS allocation.

(5) If your personal care provider is your parent, your parent provider may not be paid to provide respite services to any client in the same month that you receive respite services.

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

(a) To exceed fourteen days respite care per month; or

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

[Statutory Authority: RCW 71A.12.30 [71A.12.030], 71A.12.040, and Title 71A RCW. 09-11-054, 388-832-0160, filed 5/13/09, effective 6/13/09. Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2007 c 283. 08-16-121, 388-832-0160, filed 8/5/08, effective 9/5/08.]


AMENDATORY SECTION(Amending WSR 08-16-121, filed 8/5/08, effective 9/5/08)

WAC 388-832-0305   Who are qualified providers for parent/sibling education?   (1) The provider of parent/sibling education must be one of the following licensed, registered or certified professionals and be contracted with DDD for the service specified in the ISP:

(a) Audiologist;

(b) Licensed practical nurse;

(c) Marriage and family therapist;

(d) Mental health counselor;

(e) Occupational therapist;

(f) Physical therapist;

(g) Registered nurse;

(h) Sex offender treatment provider;

(i) Speech/language pathologist;

(j) Social worker;

(k) Psychologist;

(l) Certified American sign language instructor;

(m) Nutritionist;

(n) Registered counselor; or

(o) Certified dietician.

(2) Along with these professional providers, the individual and family services contract, the Arc, Parent to Parent, PAVE and Families Together may be utilized for parent/sibling education.

[Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2007 c 283. 08-16-121, 388-832-0305, filed 8/5/08, effective 9/5/08.]


AMENDATORY SECTION(Amending WSR 09-11-054, filed 5/13/09, effective 6/13/09)

WAC 388-832-0345   Are there limitations to one-time awards?   (1) One-time awards are limited to individuals and families on the IFS request list.

(2) One-time awards are limited to architectural/vehicular modifications or specialized equipment.

(((2))) (3) One-time awards cannot exceed six thousand dollars in a twenty-four month period.

(((3))) (4) One-time awards must be approved by the DDD regional administrator or designee.

(((4))) (5) Eligibility for a one-time award does not guarantee approval and authorization of the service by DDD. Services are based on availability of funding.

(((5))) (6) One-time awards will be prorated by the number of other members in the household who use these modifications or specialized equipment.

[Statutory Authority: RCW 71A.12.30 [71A.12.030], 71A.12.040, and Title 71A RCW. 09-11-054, 388-832-0345, filed 5/13/09, effective 6/13/09. Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2007 c 283. 08-16-121, 388-832-0345, filed 8/5/08, effective 9/5/08.]


AMENDATORY SECTION(Amending WSR 09-11-054, filed 5/13/09, effective 6/13/09)

WAC 388-832-0460   How will DDD notify me of ((their)) decisions?   Your DDD case resource manager will call you and send a written planned action notice per WAC 388-825-100 to notify you of ((their)) decisions made.

[Statutory Authority: RCW 71A.12.30 [71A.12.030], 71A.12.040, and Title 71A RCW. 09-11-054, 388-832-0460, filed 5/13/09, effective 6/13/09. Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2007 c 283. 08-16-121, 388-832-0460, filed 8/5/08, effective 9/5/08.]

Washington State Code Reviser's Office