WSR 14-03-060
PERMANENT RULES
DEPARTMENT OF
EARLY LEARNING
[Filed January 13, 2014, 9:44 a.m., effective February 13, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To remove language in chapter 170-290 WAC referring to and associated with special needs level 3, such that rates in excess of special needs level 2 rates require an exception to rule request, to clarify that special needs rate request forms must be completed separately by the consumer and provider, to specify the timeframe in which the department of early learning is required to notify the provider of a decision on a level 2 special needs additional rate request, and to update outdated terminology.
Citation of Existing Rules Affected by this Order: Amending WAC 170-290-0220, 170-290-0225, 170-290-0230, and 170-290-0235.
Statutory Authority for Adoption: RCW 43.215.060 and 43.215.070; chapter 43.215 RCW.
Adopted under notice filed as WSR 13-23-093 on November 20, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.
Date Adopted: January 13, 2014.
Elizabeth M. Hyde
Director
AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)
WAC 170-290-0220 Special needs rates—Qualification and required documentation.
(1) Qualification. To qualify for a special needs rate in addition to the base rate, the consumer must request a special needs rate review for his or her child. The child must either:
(a) Be thirteen up to nineteen years old and be under court supervision; or
(b) Be less than nineteen years old and have a verified physical, mental, emotional, or behavioral condition that requires a higher level of care needed in the child care setting.
(2) Required documentation. Documentation must:
(a) Support the severity of the condition and level of care required to meet that child's need;
(b) Describe the child's needs in addition to the daily routine care required under chapter 170-295, 170-296A, or 170-151 WAC, for child care providers who are licensed or certified, or WAC 170-290-0130 and 170-290-0138 for child care providers who provide in-home/relative care;
(c) Address relevant areas, such as ambulatory assistance, feeding, hygiene assistance, communication, or behavior as applicable and as needed by the child;
(d) Include the DEL special needs request form completed separately by the consumer and the provider; and
(e) Have the child's condition and need for higher level of care verified by an individual who is not employed by the child care facility nor a relative of the provider or the child's family, and is either a:
(i) Health, mental health, education or social service professional with at least a master's degree; or
(ii) Registered nurse;
(f) Include one or more of the following completed forms from a person listed in (e) of this subsection:
(i) Individualized education plan (IEP);
(ii) Individual ((habilitation)) health plan (IHP);
(iii) Individual family service plan (((IFP)) IFSP);
(iv) Basic health records from his or her health care provider;
(v) Comprehensive assessments from a mental health professional; or
(vi) Medical or psychological reports from a mental health professional.
(3) Special needs review.
(a) DSHS processes all Level 1 special needs cases.
(b) DEL and DSHS jointly process Level 2 ((and Level 3)) special needs cases.
(c) All requests for Levels 1((,)) and 2((, and 3)) special needs additional rates are decided within fifteen consecutive days of the initial request. The fifteen-day time limit begins on the day after the date that the consumer and provider provide all of the required verification for that case as provided in this section.
(d) The provider will be notified of the approval or denial of a Level 2 special needs additional rate request within fourteen calendar days of the decision.
(4) Purpose of special needs rate. WCCC does not pay for the provider's training needs to care for a specific child or for the child's equipment needs while in the child care setting. The special needs rate is for care provided in addition to the daily routine care required under chapter 170-295, 170-296A, or 170-151 WAC, for child care providers who are licensed or certified, or WAC 170-290-0130 and 170-290-0138 for child care providers who provide in-home/relative care.
AMENDATORY SECTION (Amending WSR 12-21-008, filed 10/5/12, effective 11/5/12)
WAC 170-290-0225 Special needs rates—Licensed or certified child care centers and seasonal day camps.
(1) In addition to the base rate for licensed or certified child care centers and seasonal day camps listed in WAC 170-290-0200, DSHS may authorize the following additional special needs daily rates which are reasonable and verifiable as provided in WAC 170-290-0220:
(a) Level 1. The daily rate listed in the table below:
 
 
Infants
(One month -
11 mos.)
Toddlers
(12 - 29 mos.)
Preschool
(30 mos. -
5 yrs)
School-age (5 - 12 yrs)
Region 1
Full-Day
Half-Day
$7.30
$3.65
$6.14
$3.07
$5.80
$2.90
$5.45
$2.73
Region 2
Full-Day
Half-Day
$7.36
$3.68
$6.15
$3.08
$5.70
$2.85
$5.05
$2.52
Region 3
Full-Day
Half-Day
$9.75
$4.88
$8.13
$4.06
$7.02
$3.51
$6.82
$3.41
Region 4
Full-Day
Half-Day
$11.35
$5.67
$9.48
$4.74
$7.95
$3.98
$7.16
$3.58
Region 5
Full-Day
Half-Day
$8.32
$4.16
$7.16
$3.58
$6.30
$3.15
$5.59
$2.80
Region 6
Full-Day
Half-Day
$8.18
$4.09
$7.02
$3.51
$6.14
$3.07
$6.00
$3.00
(i) Centers in Clark County are paid Region 3 rates;
(ii) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates;
(b) Level 2. A rate greater than Level 1, not to exceed $15.89 per hour((; or
(c) Level 3. A rate that exceeds $15.89 per hour)).
(2) If a provider is requesting one-on-one supervision or direct care for the child with special needs the person providing the one-on-one care must:
(a) Be at least eighteen years of age; and
(b) Meet the requirements for being an assistant under chapter 170-295 WAC and maintain daily records of one-on-one care provided, to include the name of the employee providing the care.
(3) If the provider has an exception to care for a child who:
(a) Is thirteen years or older; and
(b) Has special needs according to WAC 170-290-0220, DSHS authorizes the special needs payment rate as described in subsection (1) of this section using the five through twelve year age range for comparison.
AMENDATORY SECTION (Amending WSR 12-21-008, filed 10/5/12, effective 11/5/12)
WAC 170-290-0230 Special needs rates—Licensed or certified family home child care providers.
(1) In addition to the base rate for licensed or certified family home child care providers listed in WAC 170-290-0205, DSHS may authorize the following additional special needs daily rates which are reasonable and verifiable as provided in WAC 170-290-0220:
(a) Level 1. The daily rate listed in the table below:
 
 
Infants
(Birth - 11 mos.)
Toddlers
(12 - 29 mos.)
Preschool
(30 mos. - 5 yrs)
School-age (5 - 12 yrs)
Region 1
Full-Day
Half-Day
$6.00
$3.00
$5.40
$2.70
$5.40
$2.70
$4.80
$2.40
Region 2
Full-Day
Half-Day
$6.00
$3.00
$5.70
$2.85
$5.10
$2.55
$5.10
$2.55
Region 3
Full-Day
Half-Day
$8.70
$4.35
$7.50
$3.75
$6.60
$3.30
$6.00
$3.00
Region 4
Full-Day
Half-Day
$9.00
$4.50
$8.90
$4.45
$7.50
$3.75
$7.20
$3.60
Region 5
Full-Day
Half-Day
$6.60
$3.30
$6.00
$3.00
$5.70
$2.85
$5.10
$2.55
Region 6
Full-Day
Half-Day
$6.60
$3.30
$6.00
$3.00
$6.00
$3.00
$5.70
$2.85
(b) Level 2. A rate greater than Level 1, not to exceed $15.89 per hour((; or
(c) Level 3. A rate that exceeds $15.89 per hour)).
(2) If the provider has an exception to care for a child who:
(a) Is thirteen years or older; and
(b) Has special needs according to WAC 170-290-0220, DSHS authorizes the special needs payment rate as described in subsection (1) of this section using the five through twelve year age range for comparison.
(3) If a provider is requesting one-on-one supervision/direct care for the child with special needs, the person providing the one-on-one care must:
(a) Be at least eighteen years old; and
(b) Meet the requirements for being an assistant under chapter 170-296A WAC and maintain daily records of one-on-one care provided, to include the name of the employee providing the care.
AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)
WAC 170-290-0235 Special needs rates—In-home/relative providers.
(1) In addition to the base rate as provided in WAC 170-290-0240(1), the state may authorize the following additional special needs rate which is reasonable and verifiable as provided in WAC 170-290-0220:
(a) Level 1. Sixty-two cents per hour, for a total of two dollars and eighty-two cents per hour; or
(b) Level 2. A rate greater than Level 1, but not to exceed $9.41 per hour((; or
(c) Level 3. A rate that exceeds $9.41 per hour)).
(2) If other children in the home are also authorized for in-home/relative care with the same provider, DSHS authorizes two dollars and twenty cents per hour for the child who needs the greatest number of hours of care and two dollars and seventeen cents per hour for the care of each additional child in the family.