SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed March 29, 2019, 8:43 a.m.]
Preproposal statement of inquiry was filed as WSR 18-18-102.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-825-091 Am I eligible for residential habilitation center (RHC) services? and 388-837-9010 Must a client who is admitted by a residential habilitation center's ICF/IID be in need of and receiving active treatment services?
Hearing Location(s): On May 7, 2019, 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 8, 2019.
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., on May 7, 2019.
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 23, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules clarify eligibility criteria for residential habilitation centers by distinguishing between nursing facility level of care and ICF/IID level of care.
Reasons Supporting Proposal: These rules are necessary to comply with federal medicaid law and to receive federal funding. Under 42 C.F.R. 483.440, a client residing in an ICF/IID "must receive a continuous active treatment program."
Statute Being Implemented: RCW 71A.12.120
, 42 C.F.R. 483.440.
Rule is necessary because of federal law, 42 C.F.R. 483.440.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Mick Pettersen, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1559.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is required under RCW 34.05.328
. A preliminary cost-benefit analysis may be obtained 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
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
(4) because the rules do not affect small businesses.
Explanation of exemptions: The proposed amendments impose no new or disproportionate costs on small businesses so a small business economic impact statement is not required.
March 28, 2019
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, or seeking admission to, a state-operated nursing facility; or
(ii) Intermediate care facility for individuals with intellectual disabilities (ICF/IID) level of care under WAC 388-828-1020 for a client admitted to, or seeking admission 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 who is admitted by a residential habilitation center's ICF/IID be in need of and receiving active treatment services?
(1) An individual who is admitted by a residential habilitation center's intermediate care facility for individuals with intellectual disabilities must be in need of and receiving active treatment services.
(2) Active treatment services means a continuous active treatment program, which includes aggressive, consistent implementation of a program of specialized and generic training, treatment, health services, and related services described in 42 C.F.R. 483.400 through 483.480, that is directed toward:
(a) The acquisition of the behaviors necessary for the client to function with as much self-determination and independence as possible; and
(b) The prevention or deceleration of regression or loss of current optimal functional status.