SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Effective Date of Rule: December 28, 2012.
Purpose: To amend and add specific sections of chapter 388-828 WAC, Division of developmental disabilities assessment rules, to be in compliance with the requirements of SSB 6384 and related federal waivers recently renewed through Centers for Medicare and Medicaid Services (CMS). These changes define the methodology used to determine DDD community access services eligibility and the number of eligible hours each month for community access services.
This subsequent emergency will supersede the original emergency filed on August 30, 2012, as WSR 12-18-053 which expires on December 28, 2012, and remain in effect until January 18, 2013, when the permanent rule filed as WSR 13-01-080 becomes effective.
Citation of Existing Rules Affected by this Order: Amending WAC 388-828-4420.
Statutory Authority for Adoption: RCW 71A.12.030 General authority of secretary -- Rule adoption and 34.05.350 (1)(c) Emergency rules and amendments.
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; that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.
Reasons for this Finding: The passing of SSB 6384 required coordination with CMS to agree on waiver language before we could develop new WAC language. The changes to CARE incorporate the waiver and WAC changes that take us from a dollar limitation to an acuity based assessment that the division of developmental disabilities staff will use to determine eligibility and the amount of services a client is eligible for. These scheduled changes will prevent clients from being incorrectly found not eligible or found eligible but for more services than they qualify. This emergency rule making keeps language in effect as adopted by WSR 12-08-053 [12-18-053] until adopted under the permanent rule-making process.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, 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 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 1, Repealed 0.
Date Adopted: December 18, 2012.
Katherine I. Vasquez
(2) The raw score for question number 9 in the home living activities subscale (WAC 388-828-4200) "using currently prescribed equipment or treatment" is not included in the total raw score for the home living activities subscale.
|If your raw score for the following SIS subscale is:|
|Home Living||Community Living||Lifelong Learning||Employment Support||Health and Safety||Social Activities||Then your percentile rank for the SIS subscale is:||And your standard score for the SIS subscale is:|
[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, § 388-828-4420, filed 4/23/07, effective 6/1/07.]
(a) Home living activities in WAC 388-828-4200.
(b) Community living activities in WAC 388-828-4220.
(c) Lifelong learning activities in WAC 388-828-4240.
(d) Employment activities in WAC 388-828-4260.
(e) Health and safety activities in WAC 388-828-4280.
(f) Social activities in WAC 388-828-4300.
(2) Your standard scores for the above scales are added together to determine the sum of the standard scores.
(3) The supplemental protection and advocacy activities scale, and the exceptional medical and behavioral supports scales are not used in determining your support needs index percentile ranking.
(4) The sum of the standard scores is converted to your support needs index percentile ranking using the following table:
|If the sum of the standard scores is:||Your support needs index percentile is:|
(2) DDD determines your community access service level based on your SIS support needs index percentile ranking (WAC 388-828-4440) as detailed in the following table:
|If your SIS support needs index percentile ranking according to WAC 388-828-4440 is:||Your community access service level is:||The number of hours you may receive for community access services each month is:|
|0 - 9th percentile||A||Up to 3 hours|
|10th - 19th percentile||B||Up to 6 hours|
|20th - 29th percentile||C||Up to 9 hours|
|30th - 44th percentile||D||Up to 12 hours|
|45th - 59th percentile||E||Up to 15 hours|
|60th - 74th percentile||F||Up to 18 hours|
|75th - 100th percentile||G||Up to 20 hours|