WSR 12-14-064

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 29, 2012, 11:40 a.m. , effective July 30, 2012 ]


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

Purpose: The department is repealing and amending rules in chapter 388-106 WAC, Long-term care services, to revise the assessment process for allocating personal care hours to disabled children as a result of the Washington state supreme court decision regarding the Samantha A. v. DSHS.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-106-0126 and 388-106-0213; and amending WAC 388-106-0075 and 388-106-0210.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

Adopted under notice filed as WSR 12-07-080 on March 20, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 2; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 2.

Date Adopted: June 26, 2012.

Katherine I. Vasquez

Rules Coordinator

4365.2
AMENDATORY SECTION(Amending WSR 05-11-082, filed 5/17/05, effective 6/17/05)

WAC 388-106-0075   How is my need for personal care services assessed in CARE?   ((To assess your need for personal care services,)) The department gathers information from you, your caregivers, family members((,)) and other sources to assess your abilities to perform personal care tasks. The department will also consider developmental milestones for children as defined in WAC 388-106-0130 when individually assessing your abilities and needs for assistance. The department will assess your ability to perform:

(1) Activities of daily living (ADL) using self performance((,)) support provided, status and assistance available, as defined in WAC 388-106-0010. Also, the department determines your need for "assistance with body care" and "assistance with medication management," as defined in WAC 388-106-0010; and

(2) Instrumental activities of daily living (IADL) using self performance((,)) difficulty, status and assistance available, as defined in WAC 388-106-0010.

[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, 388-106-0075, filed 5/17/05, effective 6/17/05.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-106-0126 If I am under age twenty-one, how does CARE use criteria to place me in a classification group for in-home care?
WAC 388-106-0213 How are my needs assessed if I am a child applying for MPC services?

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.4348.3
AMENDATORY SECTION(Amending WSR 05-11-082, filed 5/17/05, effective 6/17/05)

WAC 388-106-0210   Am I eligible for MPC-funded services?   You are eligible for MPC-funded services when the department assesses your ((needs)) functional ability and determines that you meet all of the following criteria:

(1) You are certified as noninstitutional categorically needy, as defined in WAC 388-500-0005. Categorically needy medical institutional programs described in chapter 388-513 WAC do not meet this criteria.

(2) You are functionally eligible which means one of the following applies:

(a) You have an unmet or partially met need for assistance with at least three of the following activities of daily living, as defined in WAC 388-106-0010:


For each Activity of Daily Living, the minimum level of assistance required in:
Self Performance, Status or Treatment Need is: Support Provided is:
Eating N/A Setup
Toileting Supervision N/A
Bathing Supervision N/A
Dressing Supervision N/A
Transfer Supervision Setup
Bed Mobility Supervision Setup
Walk in Room

OR

Locomotion in Room

OR

Locomotion Outside Immediate Living Environment

Supervision Setup
Medication Management Assistance Required N/A
Personal Hygiene Supervision N/A
Body care which includes:

Application of ointment or lotions;

Toenails trimmed;

Dry bandage changes;

(▪= if you are over eighteen years of age or older) or

Passive range of motion treatment (if you are four years of age or older).

Needs or Received/Needs

Need: coded as "Yes"

N/A
Your need for assistance in any of the activities listed in subsection (a) of this section did not occur because you were unable or no provider was available to assist you will be counted for the purpose of determining your functional eligibility.
; or

(b) You have an unmet or partially met need for assistance or the activity did not occur (because you were unable or no provider was available) with at least one or more of the following:


For each Activity of Daily Living, the minimum level of assistance required in
Self Performance, Status or Treatment Need is: Support Provided is:
Eating Supervision One person physical assist
Toileting Extensive Assistance One person physical assist
Bathing ((Limited Assistance)) Physical Help/part of bathing One person physical assist
Dressing Extensive Assistance One person physical assist
Transfer Extensive Assistance One person physical assist
Bed Mobility

and

Turning and repositioning

Limited Assistance

and

Need

One person physical assist
Walk in Room

OR

Locomotion in Room

OR

Locomotion Outside Immediate Living Environment

Extensive Assistance One person physical assist
Medication Management Assistance Required Daily N/A
Personal Hygiene Extensive Assistance One person physical assist
Body care which includes:

Application of ointment or lotions;

Toenails trimmed;

Dry bandage changes;

(▪= if you are eighteen years of age or older) or

Passive range of motion treatment (if you are four years of age or older).

Needs or Received/Needs

Need: coded as "Yes"

N/A
Your need for assistance in any of the activities listed in subsection (b) of this section did not occur because you were unable or no provider was available to assist you will be counted for the purpose determining your functional eligibility.

[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, 388-106-0210, filed 5/17/05, effective 6/17/05.]

Washington State Code Reviser's Office