WSR 15-04-074 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Aging and Long-Term Support Administration) [Filed January 30, 2015, 3:23 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-24-080.
Title of Rule and Other Identifying Information: The department is amending and adding new sections to chapter 388-106 WAC, Long-term care services, specifically the volunteer chore program.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on March 10, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than March 11, 2015.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., March 10, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, TTY (360) 664-6178 or (360) 664-6092 or e-mail Kildaja@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending and adding new sections to chapter 388-106 WAC, the volunteer chore program, as it was changed to volunteer services per ESSB 6444 (supplemental operating budget). The intent in the name change was to broaden the types of assistance available to eligible clients. Current rules limit services to a traditional list of chore-type services. Without revised rules, volunteers supervised by contracted agencies managing the program are unable to provide support services in keeping with the intent of ESSB 6444.
Reasons Supporting Proposal: This change will expand the types of assistance available to eligible clients consistent with ESSB 6444.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Statute Being Implemented: RCW 74.08.090, 74.09.520.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Leigh Wellcome, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2547.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
January 22, 2015
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 05-11-082, filed 5/17/05, effective 6/17/05)
WAC 388-106-0650 What ((services may I receive under)) is the volunteer ((chore)) services program?
The ((V))volunteer ((chore)) services program is a state-funded program ((which)) that provides volunteer assistance ((with household tasks and:
(1) Assists people who need but are not eligible for DSHS services.
(2) Complements DSHS services by using volunteer assistance to perform tasks which do not require specially-skilled personnel.
(3) Provides assistance with housework, laundry, shopping, cooking, moving, minor home repair, yard care, limited personal care, monitoring and transportation)) to eligible persons who need help to live safely in the community. The availability of services under this program is subject to available funding and volunteer resources. Further, when allocating volunteer services, the needs of persons who have traditionally been served through long-term care services and supports, including older adults, individuals with disabilities or their unpaid caregivers, will be given priority.
AMENDATORY SECTION (Amending WSR 05-11-082, filed 5/17/05, effective 6/17/05)
WAC 388-106-0655 Am I eligible to receive assistance through volunteer ((chore)) services?
You may be eligible to receive volunteer ((chore)) services if you are:
(1) An older adult age sixty or older or a person with a disability ((E))eighteen years of age or older; or
(2) Living at home, unless you are moving from a residential facility to home and need assistance moving; or
(3) Unable to perform certain ((personal care)) independent living tasks due to a functional, mental or cognitive ((impairment)) disability;
(4) Financially unable to purchase services ((from a private provider)) privately; or
(5) Not receiving medicaid paid long-term care services under ((COPES, MNIW, MPC, or chore because you:
(a) Do not meet the eligibility requirements; or
(b) Decline these services.)) the medicaid state plan or medicaid waiver program unless the volunteer service is not available through the state plan waiver program; or
(6) ((In need of assistance from volunteer chore in addition to or in substitution of paid services under COPES, MNIW, MPC, or chore)) An unpaid caregiver who provides ongoing care for an older adult or person with a disability, including minors, who meets any of the criteria in WAC 388-106-0655 (2) through (5) above.
NEW SECTION
WAC 388-106-0660 What types of services may be offered through volunteer services?
The types of services an individual may be offered include, but are not limited to:
(1) Housework and laundry;
(2) Shopping and errands;
(3) Meal preparation;
(4) Minor home repair;
(5) Yard work;
(6) Provision of wood for heating;
(7) Pet care;
(8) Auto maintenance;
(9) Moving;
(10) Limited personal care;
(11) Socialization activities to improve quality of life;
(12) Electronic device/computer use;
(13) Clerical & budgeting tasks;
(14) Transportation
(15) Emergency preparation;
(16) Companionship or Supervision;
(17) Access to benefits;
(18) Access to employment opportunities; and
(19) Health and nutrition enhancement.
NEW SECTION
WAC 388-106-0665 How are volunteers qualified to provide volunteer services?
Volunteers are qualified to provide Volunteer Services through the following mechanisms:
(1) Volunteers who will have unsupervised access to vulnerable adults cannot have any convictions, pending crimes or findings that are listed in WAC 388-71-0105 or provide contracted services per RCW 43.20A0710 (1)(c) prior to working alone with them.
(2) The volunteer services contractor(s) will provide orientation and ongoing training as needed to volunteers.
Reviser's note: The typographical 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. NEW SECTION
WAC 388-106-0670 When may volunteer services not be available or offered?
Volunteer services may not be available or offered when:
(1) Available funding has been exhausted; or
(2) The regional area does not have qualified volunteers available; or
(3) Existing volunteers do not have the skill set needed to perform the task/service desired; or
(4) A volunteer stops providing services at their discretion; or
(5) Providing the service would cause a health or safety risk to the volunteer or staff.
NEW SECTION
WAC 388-106-0675 What if I disagree with a decision made by the contracted volunteer services provider(s) related to volunteer services?
If you do not agree with a decision made by the volunteer services contractor, you may make a written complaint with the volunteer services program manager at the aging and long term support administration, P.O. Box 45600, Olympia, WA 98504-5600. You are not entitled to a hearing under Chapter 388-02 WAC.
|