WSR 15-17-091
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed August 18, 2015, 10:42 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-09-092.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-828-9060 How does DDD determine your individual and family services support rating?, 388-828-9100 How does DDD determine the number to use in the adjustment of your individual and family services support rating?, 388-828-9120 How does DDD determine your individual and family services score?, and 388-832-0120 Will my IFS allocation be impacted if I am eligible for medicaid personal care services?
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 September 22, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than September 23, 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., September 22, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by phone (360) 664-6092 or TTY (360) 664-6178, e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The developmental disabilities administration (DDA) intends to make changes to these sections because the majority of individual and family services (IFS) clients will start to receive medicaid with the implementation of the IFS waiver, and DDA wants to evenly apply the adjustment based on medical acuity and activities of daily living (ADL) support needs to all clients, regardless of medicaid eligibility.
Reasons Supporting Proposal: The consequences of not making these changes would be that an estimated seventy-five percent of IFS clients would experience a reduction in their IFS allocation at their next assessment, with the receipt of medicaid.
Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Sheila Collins, DDA, P.O. Box 45310, Olympia, 98504-5310, (360) 725-3415.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules do not impact small businesses or nonprofits. They only impact DSHS clients.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are exempt under RCW 34.05.328 (5)(b)(vii) and relate only to client medical or financial eligibility.
August 7, 2015
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 09-21-033, filed 10/13/09, effective 11/13/09)
WAC 388-828-9060 How does DDD determine your individual and family services support rating?
(((1))) Your individual and family services support rating is determined by using the following table:
If your unadjusted individual and family services level is:
Then your individual and family services support rating is:
1
0
2
240
3
336
4
432
5
528
AMENDATORY SECTION (Amending WSR 08-16-121, filed 8/5/08, effective 9/5/08)
WAC 388-828-9100 How does DDD determine the number to use in the adjustment of your individual and family services support rating?
DDD determines the amount of the adjustment for your individual and family services support rating using the following tables:
(((1)))
If your individual and family services level is 1, 2, 3, 4, or 5. ((and you are not eligible for medicaid personal care))
And your ADL support needs level for the SIS per WAC 388-828-5480
None
Low
Medium
High
And your medical acuity level per WAC 388-828-5700
None
57
57
76
85
Low
57
57
76
85
Medium
57
88
122
145
High
57
145
245
287
(((2)
If your individual and family services level is 1, 2, 3, 4, or 5 and you are eligible for medicaid personal care per chapter 388-106 WAC
And your ADL support needs level for the SIS per WAC 388-828-5480
None
Low
Medium
High
And your medical acuity level per WAC 388-828-5700
None
0
0
0
0
Low
0
0
0
0
Medium
0
0
0
0
High
0
0
0
0))
Example: If your individual and family service level is 3 ((and you are not eligible for medicaid personal care services)) and your ADL support needs level is "low" and your medical acuity level is "medium," the amount of your adjustment is 88.
AMENDATORY SECTION (Amending WSR 08-16-121, filed 8/5/08, effective 9/5/08)
WAC 388-828-9120 How does DDD determine your individual and family services score?
DDD adds your individual and family services support rating from WAC 388-828-9060 to the adjustment amount in WAC 388-828-9100 to determine your individual and family services score.
Example: If ((you are not eligible for medicaid personal care services and)) your individual and family services support rating is 336 and the amount of your adjustment is 122, your individual and family services score is 458.
AMENDATORY SECTION (Amending WSR 09-11-054, filed 5/13/09, effective 6/13/09)
WAC 388-832-0120 Will my IFS allocation be impacted if I am eligible for medicaid personal care services?
((If you meet financial and functional eligibility for medicaid personal care services, your IFS allocation will be adjusted according to WAC 388-828-9100 through 388-828-9140.)) Financial and functional eligibility for medicaid personal care services will not impact your IFS allocation.