WSR 14-09-015
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed April 4, 2014, 4:02 p.m., effective May 5, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: 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.
Citation of Existing Rules Affected by this Order: Amending WAC 388-440-0001 and 388-106-1305.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520,
Adopted under notice filed as WSR 14-05-067 on February 18, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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: April 1, 2014.
Katherine I. Vasquez
Rules Manager
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.
Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.