WSR 18-08-049 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Aging and Long-Term Support Administration) [Filed March 29, 2018, 1:26 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 18-02-075. Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-106-0950 What services may I receive under the residential care discharge allowance? and 388-106-0955 Am I eligible for residential care discharge allowance? The department is also proposing to create two new sections as WAC 388-106-0960 Are there limits to the community transition or sustainability services I may receive? and 388-106-0965 Are there waiting lists for community transition or sustainability services? Hearing Location(s): On May 8, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2. Date of Intended Adoption: Not earlier than May 9, 2018. Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., May 8, 2018. Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by April 24, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to do the following: (1) Increase the maximum service limit to match the limit available under community first choice (CFC) community transition services (CTS); and (2) expand the definition of the service to ensure continuity of services after the conclusion of the Washington roads program when funding for the state-only funded program ends. Washington roads provides stabilizing goods and services to individuals already residing in the community who are at risk of losing their current setting of care. Without these changes, some individuals currently served under the Washington roads program would not be able to access necessary stabilizing goods and services, putting the client at risk of institutionalization in a nursing home or hospital. Reasons Supporting Proposal: See purpose statement above. Statutory Authority for Adoption: RCW 74.08.090. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: DSHS, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Debbie Blackner, P.O. Box 45600, Olympia, WA 98504-5600, 360-725-2557. A school district fiscal impact statement is not required under RCW 28A.305.135. 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. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute. March 27, 2018 Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 05-11-082, filed 5/17/05, effective 6/17/05)
WAC 388-106-0950 What services may I receive under ((the residential care discharge allowance)) community transition or sustainability services?
((The residential care discharge allowance is a one-time payment used)) Community transition or sustainability services are nonrecurring setup items or services necessary to ((help)) assist you to establish ((or)), resume ((living in)), or stabilize your ((own)) home or community-based residential setting. ((You may receive up to eight hundred and sixteen dollars to cover necessary equipment, remodeling, rent, and utilities)) Community transition or sustainability services may include, but are not limited to:
(a) Security deposits that are required to lease an apartment or home, including first month's rent.
(b) Activities to assess need, arrange for, and procure necessary household furnishings.
(c) Setup fees or deposits for utilities, including telephone, electricity, heating, water, and garbage.
(d) Services necessary for your health and safety such as pest eradication and nonrecurring extreme cleaning.
(e) Moving expenses.
AMENDATORY SECTION (Amending WSR 15-03-038, filed 1/12/15, effective 2/12/15)
WAC 388-106-0955 Am I eligible for ((residential care discharge allowance)) community transition or sustainability services?
You ((are)) may be eligible for ((a residential discharge allowance)) community transition or sustainability services if you:
(1) Meet eligibility criteria to receive long-term ((care)) services and supports from home and community services;
(2) Are ((being discharged)) transitioning to the community from a hospital, nursing facility, ((a)) licensed assisted living facility, enhanced services facility, or adult family home ((to your own home)), or are living in the community and need stabilization services to remain there; and
(3) Do not have other programs, services, or resources to assist you with these costs; and
(((4))) (a) Have needs beyond what is covered under ((the)) community transition services (under ((COPES)) community first choice)((.)); or
(b) Are not eligible for community transition services (under community first choice).
NEW SECTION
WAC 388-106-0960 Are there limits to the community transition or sustainability services I may receive?
Community transition or sustainability services:
(1) Do not include recreational or entertainment items, such as a television, cable, or a DVD player;
(2) Do not include room and board; and
(3) May not exceed eight hundred fifty dollars per transition or occurrence of instability that threatens the loss of your home in the community.
NEW SECTION
WAC 388-106-0965 Are there waiting lists for community transition or sustainability services?
There are no waiting lists for community transition or sustainability services. Instead of waiting lists, the department may revise rules to reduce the type of available services, the number of individuals served, or maximum rate, in order to stay within the legislative appropriation.
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