WSR 10-07-124

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services)

[ Filed March 23, 2010, 8:49 a.m. , effective April 23, 2010 ]


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

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 388-832-0160, 388-832-0305, 388-832-0345, and 388-832-0460.

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

Adopted under notice filed as WSR 10-04-122 on February 3, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.

Date Adopted: March 22, 2010.

Katherine I. Vasquez

Rules Coordinator

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