(2) The department may deny or terminate long-term care services to you if, after exhaustion of standard case management activities and the approaches delineated in the department's challenging cases protocol, which must include an attempt to reasonably accommodate your disability or disabilities, any of the following conditions exist:
(a) After a department representative reviews with you your rights and responsibilities as a client of the department, per WAC
388-106-1300 and
388-106-1303, you refuse to accept those long-term care services identified in your plan of care that are vital to your health, welfare or safety;
(b) You choose to receive services in your own home and you or others in your home demonstrate behaviors that are substantially likely to cause serious harm to you or your care provider;
(c) You choose to receive services in your own home and hazardous conditions in or immediately around your home jeopardize the health, safety, or welfare of you or your provider. Hazardous conditions include but are not limited to the following:
(i) Threatening, uncontrolled animals (e.g., dogs);
(ii) The manufacture, sale, or use of illegal drugs;
(iii) The presence of hazardous materials (e.g., exposed sewage, evidence of a methamphetamine lab).
(3) The department may terminate long-term care services if you do not sign and return your service summary document within sixty days of your assessment completion date.
[Statutory Authority: RCW
74.08.090. WSR 18-22-068, § 388-106-0047, filed 11/1/18, effective 12/2/18. Statutory Authority: RCW
74.08.090,
74.09.520,
74.39A.400 and 42 C.F.R. § 441.500-590. WSR 16-04-020, § 388-106-0047, filed 1/22/16, effective 2/22/16. Statutory Authority: RCW
74.08.090 and
74.09.520. WSR 15-03-038, § 388-106-0047, filed 1/12/15, effective 2/12/15. Statutory Authority: RCW
74.08.090,
74.09.520, 42 C.F.R. 441.302(a); Social Security Act section 1915c waiver rules, 42 C.F.R. 440.180. WSR 06-16-070, § 388-106-0047, filed 7/28/06, effective 8/28/06.]