WSR 14-05-067
(Aging and Long-Term Support Administration)
[Filed February 18, 2014, 10:16 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-23-103.
Title of Rule and Other Identifying Information: Amending chapter 388-106 WAC, Long-term care services, and chapter 388-440 WAC, Exception to rule.
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, on March 25, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than March 26, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on March 25, 2014.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by March 11, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-440-0001 to include an individual's serious risk of institutionalization as a consideration in determining whether DSHS staff are authorized to request an exception to rule, and is amending WAC 388-106-1305 to place into rule the exception to rule process for in-home personal care described in DSHS Home and Community Services Management Bulletin H13-001.
Reasons Supporting Proposal: Read the purpose statement above.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Statute Being Implemented: RCW 74.08.090, 74.09.520.
Rule is necessary because of state court decision, Settlement Agreement, M.R. v. Dreyfus, W.D.Wa. No. C10-2052-TSZ.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rachelle Ames, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2353.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Not a significant legislative rule as defined in RCW 34.05.328 (5)(c)(iii).
February 12, 2014
Katherine I. Vasquez
Rules Coordinator
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 contest the result of your CARE assessment and/or other eligibility decisions made by the department. 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) Additionally, if you believe that you need more in-home personal care services than the CARE assessment has authorized for you, and you believe that your situation meets the criteria in WAC 388-440-0001(1) for an exception to rule (ETR), you may request additional personal care services.
(a) Requests may be made to your case manager or local HCS, AAA or DDA field office, either verbally or in writing.
(b) Requests that are approved at the field level will be forwarded to the ETR committee located in Olympia for a final decision.
(c) If your request is denied at the field level:
(i) You will receive a written notification.
(ii) You may request a headquarters review of your request by contacting your case manager or local HCS, AAA or DDA field office or by contacting the headquarters committee directly.
(d) You will be notified in writing whether additional ETR hours are approved or if your request was denied.
AMENDATORY SECTION (Amending WSR 13-18-006, filed 8/22/13, effective 10/1/13)
WAC 388-440-0001 Exceptions to rule.
(1) The secretary of the department, or designee, authorizes department staff to request an exception to a rule in the Washington Administrative Code (WAC) for individual cases when:
(a) The exception would not contradict a specific provision of federal law or state statute; and
(b) The client's situation differs from the majority; and
(c) It is in the interest of overall economy and the client's welfare; and either
(d) It increases opportunities for the client to function effectively; or
(e) A client has an impairment or limitation that significantly interferes with the usual procedures required to determine eligibility and payment and/or the client is at serious risk of institutionlization.
(2) The secretary or the secretary's designee makes the final decision on all requests for exceptions to a rule.
(3) Clients have no fair hearing rights as defined under chapter 388-02 WAC regarding exception to rule decisions by department staff.
(4) Clients who do not agree with a decision on an exception to rule may file a complaint according to chapter 388-426 WAC.