WSR 20-09-058
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed April 10, 2020, 8:53 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-04-057.
Title of Rule and Other Identifying Information: WAC 388-829C-131 How does DDA determine the daily rate?
Hearing Location(s): On May 26, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than May 27, 2020.
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 26, 2020.
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 May 12, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending this rule to implement a 13.5 percent daily rate increase for companion home providers.
Reasons Supporting Proposal: The daily rate increase for companion home providers was approved in the 2019 operating budget under ESHB 1109 (section 203, chapter 415, Laws of 2019).
Rule is not necessitated by federal law, federal or state court decision.
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: Kelly Hampton, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1514.
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:
Explanation of exemptions: The proposed amendments "adjust fees or rates pursuant to legislative standards."
April 9, 2020
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-22-106, filed 11/6/18, effective 12/7/18)
WAC 388-829C-131How does DDA determine the daily rate?
(1) A companion home daily rate equals the sum of the client's support assessment scale scores multiplied by ((12.5))14.2.
(2) The residential algorithm under chapter 388-828 WAC determines the level of services and supports a companion home client may receive.
(3) The CARE assessment assigns support levels of "none," "low," "medium," or "high" to each support assessment scale that correspond to the values below:
Category | None | Low | Medium | High |
Activities of daily living | 0 | 1 | 2 | 3 |
Behavior | 0 | 1 | 2 | 3 |
Interpersonal support | 0 | 1 | 2 | 3 |
Medical | 0 | 1 | 2 | 3 |
Mobility | 0 | 1 | 2 | 3 |
Protective supervision | 0 | 1 | 2 | 3 |
(4) DDA assigns a behavior score of four if the client has a:
(a) Behavior score of three on ((their))the support assessment scale;
(b) Challenging behavior documented on form DSHS 10-234; and
(c) Current positive behavior support plan.
(5) DDA reviews a companion home daily rate annually and if a significant change assessment occurs during the plan year.
(6) DDA may adjust a companion home daily rate if:
(a) Any of the client's support assessment scale levels change;
(b) The multiplier changes due to a vendor rate change; or
(c) The annual cost of respite services increased because DDA approved additional respite hours under WAC 388-829C-234(3) and the client's assessed support needs remain unchanged since the most recent CARE assessment.