WSR 14-04-097
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed February 4, 2014, 8:33 a.m., effective March 7, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending and clarifying rules to revise the assessment process for allocating personal care hours, initiated as a result of the Washington state supreme court decision in Samantha A. v. Department of Social and Health Services.
The following changes are being made to WAC 388-106-0130:
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To make changes to how personal care services are calculated for children and to clarify the role that responsible adults are expected to play in the lives of children with disabilities.
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To replace irrebuttable presumptions regarding age and informal supports with individual determinations of those facts guided by rebuttable presumptions.
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To incorporate changes in what the department considers to be age appropriate functioning for normally developing children, and to clarify language around those developmental milestones.
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To provide better notice to the public regarding the definition of informal supports by separately addressing the situation where the benefit of a personal care task is shared among members of a household, which is not a change in practice but previously had been subsumed within the broader concept of informal supports.
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To make changes to how living environment factors are considered in determining personal care services.
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To update outdated WAC references.
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To otherwise update and clarify elements of the CARE tool.
This CR-103P supersedes the emergency rule filing as WSR 14-04-008 on January 23, 2014.
Citation of Existing Rules Affected by this Order: Amending WAC 388-106-0010 and 388-106-0130.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Adopted under notice filed as WSR 13-16-101 on August 7, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 2, Repealed 0.
Date Adopted: January 29, 2014.
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 14-05 issue of the Register.