WSR 12-20-074

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 3, 2012, 9:21 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-16-108.

     Title of Rule and Other Identifying Information: WAC 388-106-0135 and 388-106-1305, personal care hours.

     Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on November 6, 2012, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than November 7, 2012.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on November 6, 2012.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 15, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending rules to better enable children to challenge the department's authorization of personal care hours.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

     Statute Being Implemented: RCW 74.08.090, 74.09.520.

     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, Implementation and Enforcement: Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2495.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.

     A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.

September 26, 2012

Katherine I. Vasquez

Rules Coordinator

4370.4
AMENDATORY SECTION(Amending WSR 05-11-082, filed 5/17/05, effective 6/17/05)

WAC 388-106-0135   What ((are)) is the maximum number of hours of personal care services that I can receive for in-home services?   (1) Unless additional hours are awarded through an exception to rule per WAC 388-440-0001 or pursuant to subsection (2) of this section, the maximum number of hours that you may receive is the base hours assigned to your classification group and adjusted per WAC 388-106-0130. For chore program clients, the maximum personal care hours per month the department will ((pay)) authorize is one hundred sixteen.

     (2) If you are under age twenty-one, you may receive additional hours of personal care services if you show that the number of hours authorized by the department is less than the amount required to enable you to meet identified needs for assistance with personal care tasks. In order to show that the hours are insufficient, you must:

     (a) Specify the ADLs or IADLS for which you will not receive sufficient assistance.

     (b) Provide documentation of your needs from a licensed physician with expertise in the assessment of personal care needs or registered nurse with expertise in the assessment of personal care needs. Such documentation must:

     (i) Be based on a professionally recognized personal care assessment instrument; and

     (ii) Specify the number of additional hours of personal care services that are necessary to assist you with each ADL and IADL for which you need assistance.

     (c) Provide an explanation of why informal supports are unavailable to provide the additional assistance.

     (i) When you are living with your legally responsible parents, the considerations described in WAC 388-106-0130 (8)(d) apply to the determination of availability of informal supports.

[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-0135, filed 5/17/05, effective 6/17/05.]


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

WAC 388-106-1305   What if I disagree with the result of the CARE assessment and/or other eligibility decisions made by the department?   (1) You have a right to an administrative hearing to contest the ((result)) accuracy of your CARE assessment and/or other eligibility decisions made by the department under this chapter. ((The department will notify you in writing of the right to contest a decision and provide you with information on how to request a hearing.))

     (2) If you are under age twenty-one, you have a right to contest the number of personal care hours authorized pursuant to WAC 388-106-0135(2). If you are age twenty-one years or older, you do not have a right to a hearing to contest the maximum level of personal care services available to you under these rules.

     (3) The department will notify you in writing of the right to contest the accuracy of your CARE assessment or other eligibility decisions, and provide you with information on how to request a hearing.

[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-1305, filed 5/17/05, effective 6/17/05.]