WSR 19-04-090
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed February 5, 2019, 9:27 a.m., effective March 8, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-845-1615 Who may be qualified providers of respite care?, to require home care agencies to contract with area agencies on aging. This requirement was approved by the Centers for Medicare and Medicaid Services and must be enacted in rule to be implemented.
Citation of Rules Affected by this Order: Amending WAC 388-845-1615.
Other Authority: RCW
71A.12.120, 42 C.F.R. 302 (a)(2).
Adopted under notice filed as WSR 18-24-117 on December 5, 2018.
Changes Other than Editing from Proposed to Adopted Version: The department replaced references to chapter 170-295 WAC with references to chapter 110-300A WAC. Rules under Title 170 WAC were recodified under Title 110 WAC when the children's administration within the department of social and health services became the department of children, youth, and families. This is a nonsubstantive change.
A final cost-benefit analysis is available by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: February 4, 2019.
Cheryl Strange
Secretary
AMENDATORY SECTION(Amending WSR 18-14-001, filed 6/20/18, effective 7/21/18)
WAC 388-845-1615Who may be qualified providers of respite care?
Providers of respite care may be any of the following individuals or agencies contracted with the developmental disabilities administration (DDA) for respite care:
(1) Individuals who meet the provider qualifications under chapter 388-825 WAC;
(2) ((Homecare and))Home health agencies licensed under chapter 246-335 WAC, Part 1;
(3) Homecare agencies licensed under chapter 246-335 WAC, Part 1 and contracted with the area agencies on aging (AAA);
(4) Licensed and contracted group homes, foster homes, child placing agencies, staffed residential homes, and foster group care homes;
(((4)))(5) Licensed and contracted adult family homes;
(((5)))(6) Licensed and contracted adult residential care facilities;
(((6)))(7) Licensed and contracted adult residential treatment facilities under chapter 246-337 WAC;
(((7)))(8) Licensed child care centers under chapter ((170-295))110-300A WAC;
(((8)))(9) Licensed child day care centers under chapter ((170-295))110-300A WAC;
(((9)))(10) Adult day care providers under chapter 388-71 WAC contracted with DDA;
(((10)))(11) Certified providers under chapter 388-101 WAC when respite is provided within the DDA contract for certified residential services;
(((11)))(12) A licensed practical nurse (LPN) or registered nurse (RN) acting within the scope of the standards of nursing conduct or practice under chapter 246-700 WAC and contracted with DDA to provide this service; or
(((12)))(13) Other DDA contracted providers such as a community center, senior center, parks and recreation, and summer programs.