WSR 11-10-035

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed April 27, 2011, 10:48 a.m. , effective April 29, 2011 ]


     Effective Date of Rule: April 29, 2011.

     Purpose: The department is amending WAC 388-106-0125 to reduce personal care hours in order to implement the Governor's Executive Order 10-04 to reduce current year spending by 6.287 percent. In addition, the governor's proposed 2011 supplemental budget proposes an average ten percent acuity-based reduction in personal care hours. The actual reduction will range between six percent and eighteen percent per client depending on acuity.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-106-0125.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

     Other Authority: Governor's Executive Order 10-04.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and 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: State law authorizes and directs the governor to implement across-the-board reductions of allotments of appropriations to avoid a projected cash deficit. Governor's Executive Order 10-04 reduces current year spending by 6.287 percent, and the department is proposing these amendments to stay within the reduction appropriation. In addition, the governor's proposed 2011 supplemental budget proposes an average ten percent acuity-based reduction in personal care hours. An initial public notice was filed on January 18, 2011, as WSR 11-03-081 and the rule language is being sent to internal and external stakeholders for review and comment prior to filing the CR-102. This CR-103E continues emergency rules while the department completes the process for permanent adoption.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 1, 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 1, Repealed 0.

     Date Adopted: April 26, 2011.

Katherine I. Vasquez

Rules Coordinator

4262.2
AMENDATORY SECTION(Amending WSR 10-11-050, filed 5/12/10, effective 6/12/10)

WAC 388-106-0125   If I am age twenty-one or older, how does CARE use criteria to place me in a classification group for in-home care?   CARE uses the criteria of cognitive performance score as determined under WAC 388-106-0090, clinical complexity as determined under WAC 388-106-0095, mood/behavior and behavior point score as determined under WAC 388-106-0100, ADLS as determined under WAC 388-106-0105, and exceptional care as determined under WAC 388-106-0110 to place you into one of the following seventeen in-home groups. CARE classification is determined first by meeting criteria to be placed into a group, then you are further classified based on ADL score or behavior point score into a classification sub-group following a classification path of highest possible base hours to lowest qualifying base hours.

     (1) If you meet the criteria for exceptional care, then CARE will place you in Group E. CARE then further classifies you into:

     (a) Group E High with ((416)) 393 base hours if you have an ADL score of 26-28; or

     (b) Group E Medium with ((346)) 327 base hours if you have an ADL score of 22-25.

     (2) If you meet the criteria for clinical complexity and have cognitive performance score of 4-6 or you have cognitive performance score of 5-6, then you are classified in Group D regardless of your mood and behavior qualification or behavior points. CARE then further classifies you into:

     (a) Group D High with ((277)) 260 base hours if you have an ADL score of 25-28; or

     (b) Group D Medium-High with ((234)) 215 base hours if you have an ADL score of 18-24; or

     (c) Group D Medium with ((185)) 168 base hours if you have an ADL score of 13-17; or

     (d) Group D Low with ((138)) 120 base hours if you have an ADL score of 2-12.

     (3) If you meet the criteria for clinical complexity and have a CPS score of less than 4, then you are classified in Group C regardless of your mood and behavior qualification or behavior points. CARE then further classifies you into:

     (a) Group C High with ((194)) 176 base hours if you have an ADL score of 25-28; or

     (b) Group C Medium-High with ((174)) 158 base hours if you have an ADL score of 18-24; or

     (c) Group C Medium with ((132)) 115 base hours if you have an ADL score of 9-17; or

     (d) Group C Low with ((87)) 73 base hours if you have an ADL score of 2-8.

     (4) If you meet the criteria for mood and behavior qualification and do not meet the classification for C, D, or E groups, then you are classified into Group B. CARE further classifies you into:

     (a) Group B High with ((147)) 129 base hours if you have an ADL score of 15-28; or

     (b) Group B Medium with ((82)) 69 base hours if you have an ADL score of 5-14; or

     (c) Group B Low with ((47)) 39 base hours if you have an ADL score of 0-4; or

     (5) If you meet the criteria for behavior points and have a CPS score of greater than 2 and your ADL score is greater than 1, and do not meet the classification for C, D, or E groups, then you are classified in Group B. CARE further classifies you into:

     (a) Group B High with ((147)) 129 base hours if you have a behavior point score 12 or greater; or

     (b) Group B Medium-High with ((101)) 84 base hours if you have a behavior point score greater than 6; or

     (c) Group B Medium with ((82)) 69 base hours if you have a behavior point score greater than 4; or

     (d) Group B Low with ((47)) 39 base hours if you have a behavior point score greater than 1.

     (6) If you are not clinically complex and your CPS score is less than 5 and you do not qualify under either mood and behavior criteria, then you are classified in Group A. CARE further classifies you into:

     (a) Group A High with ((71)) 59 base hours if you have an ADL score of 10-28; or

     (b) Group A Medium with ((56)) 47 base hours if you have an ADL score of 5-9; or

     (c) Group A Low with ((26)) 22 base hours if you have an ADL score of 0-4.

[Statutory Authority: RCW 74.08.090, 74.09.520, 2009 c 564 § 206(5). 10-11-050, § 388-106-0125, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 74.08.090, 74.09.520, and 2007 c 522. 08-10-022, § 388-106-0125, filed 4/25/08, effective 5/26/08. Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-0125, filed 5/17/05, effective 6/17/05.]

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