SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed December 12, 2018, 4:40 p.m., effective December 13, 2018]
Effective Date of Rule: December 13, 2018.
Purpose: The department is amending WAC 388-825-091 Am I eligible for residential habilitation center (RHC) services? and creating WAC 388-837-9010 Must a client in an ICF/IID be able to benefit from active treatment?, to correctly reflect federal ICF/IID eligibility requirements.
Citation of Rules Affected by this Order: New WAC 388-837-9010; and amending WAC 388-825-091.
Other Authority: 42 C.F.R. 483.440.
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: These rules are necessary to comply with federal medicaid law. Failure to enact these rules immediately jeopardizes the receipt of federal funds. This is the second emergency rule filing on these rules. The department is progressing through the permanent rule-making process on these rules. The rules have been through internal and external review. Currently, the department is considering the comments received from external stakeholders. This subsequent filing is necessary to keep the rule effective until the permanent rule-making process is complete.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.
Date Adopted: December 5, 2018.
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 15-17-094, filed 8/18/15, effective 9/18/15)
WAC 388-825-091Am I eligible for residential habilitation center (RHC) services?
(1) If you are twenty-one years of age or over, you are eligible to receive residential habilitation center (RHC) services if:
(a) You have been determined to meet DDA eligibility criteria;
(b) You choose to receive services in the RHC;
(c) ((You need the level of care provided at the RHC; and
(d))) DDA has determined that you can be supported safely in an RHC environment and will not pose a danger to other residents of the RHC; ((or))and
(d) You need the level of care provided at the RHC, which is either:
(i) Nursing facility level of care under WAC 388-106-0355 for a client admitted to a state-operated nursing facility; or
(ii) Intermediate care facility for individuals with intellectual disabilities (ICF/IID) level of care under WAC 388-837-9010, WAC 388-828-1020, and 42 C.F.R. 483.440 for a client admitted to a state-operated ICF/IID.
(2) If you are sixteen through twenty years of age, and meet (1)(a) through (d) above you may not be admitted to receive services at a residential habilitation center unless there are no service options available in the community to appropriately meet your needs. Such admission is limited to the provision of short-term respite or crisis stabilization services.
(3) If you are under age sixteen you are not eligible to receive services at a residential habilitation center.
(4) Admission to a nursing facility at a RHC also requires completion of preadmission screening and resident review (PASRR) requirements as described in chapter 388-97 WAC.
WAC 388-837-9010Must a client in an ICF/IID be able to benefit from active treatment?
An individual admitted to a residential habilitation center's intermediate care facility for individuals with intellectual disabilities must be in need of and able to benefit from continuous and aggressive active treatment.