WSR 16-09-066
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed April 18, 2016, 10:20 a.m., effective April 18, 2016, 10:20 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: These rules will support ESHB 2746 and the following decision by the Centers for Medicare and Medicaid Services (CMS): "CMS has approved an amendment that includes Wellness Education to the Individual and Family Services 1915(c) waiver. The Individual and Families Services (IFS) Waiver provides home and community-based services targeted to individuals as an alternative to placement in an Intermediate Care Facility for individuals with Intellectual Disabilities. Wellness Education is meant to provide wellness information to IFS Waiver participants to assist them in achieving goals identified during their person-centered planning process."
Citation of Existing Rules Affected by this Order: Amending WAC 388-845-2280 and 388-845-2285.
Statutory Authority for Adoption: RCW 71A.12.030, 34.05.350 (1)(b).
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: ESHB 2746 requires the department of social and health services to refinance medicaid personal care services under the community first choice (CFC) option and allows for optional services to be included within the benefit package. The wellness education program provides an access point to CFC services for many clients that would otherwise not qualify. This is consistent with the intent of HR [ESHB] 2746.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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 14, 2016.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-05-053, filed 2/11/16, effective 3/13/16)
WAC 388-845-2280 What is wellness education?
Wellness education provides you with monthly individualized printed educational materials designed to assist you in managing health related issues and achieving wellness goals identified in your person-centered service plan that address your health and safety issues. Individualized educational materials are developed by the state, other content providers and the contracted wellness education provider. This service is available on the Basic Plus, individual and family services, and Core Waivers.
AMENDATORY SECTION (Amending WSR 16-05-053, filed 2/11/16, effective 3/13/16)
WAC 388-845-2285 Are there limits to wellness education?
Wellness education is a once a month service. In the basic plus waiver, you are limited to the aggregate service expenditure limits defined in WAC 388-845-0210. The dollar amount for your individual and family services (IFS) waiver annual allocation defined in WAC 388-845-0230 limits the amount of service you may receive.