WSR 02-01-074

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

[ Filed December 14, 2001, 4:40 p.m. ]

Date of Adoption: December 10, 2001.

Purpose: The purpose of this rule is to increase the rates in the Division of Developmental Disabilities' family support program, to reflect vendor rate increases passed in the last state budget.

Citation of Existing Rules Affected by this Order: Amending WAC 388-825-226, 388-825-228, 388-825-238, and 388-825-254.

Statutory Authority for Adoption: RCW 71A.12.030 and 71A.12.040.

Other Authority: ESSB 6153.

Adopted under notice filed as WSR 01-21-011 on October 5, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 4, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

December 10, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3000.2
AMENDATORY SECTION(Amending WSR 00-23-106, filed 11/21/00, effective 12/22/00)

WAC 388-825-226   Can the family support opportunity program help my family obtain financial assistance for community guide services?   The program will authorize up to two hundred ((eight)) twelve dollars per year for community guide services for your family.

[Statutory Authority: RCW 71A.12.030 and 71A.12.040. 00-23-106, 388-825-226, filed 11/21/00, effective 12/22/00; 00-08-090, 388-825-226, filed 4/5/00, effective 5/6/00; 99-19-104, recodified as 388-825-226, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030. 99-04-071, 275-27-194, filed 2/1/99, effective 3/4/99.]


AMENDATORY SECTION(Amending WSR 00-23-106, filed 11/21/00, effective 12/22/00)

WAC 388-825-228   How can short-term intervention services help my family?   If your family is eligible, you may receive up to one thousand three hundred fifty dollars per year in short-term intervention funds to pay for necessary services not otherwise available. Short-term intervention funding cannot be used for basic subsistence such as food or shelter but is available for those specialized costs directly related to and resulting from your child's disability. Short-term intervention funds can be authorized for a one-time only need or for an episodic service need that occurs over a one-year period.

[Statutory Authority: RCW 71A.12.030 and 71A.12.040. 00-23-106, 388-825-228, filed 11/21/00, effective 12/22/00; 00-08-090, 388-825-228, filed 4/5/00, effective 5/6/00; 99-19-104, recodified as 388-825-228, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030. 99-04-071, 275-27-195, filed 2/1/99, effective 3/4/99.]


AMENDATORY SECTION(Amending WSR 00-23-106, filed 11/21/00, effective 12/22/00)

WAC 388-825-238   What amount of serious need funding is available to my family?   (1) The maximum amount of funding available is four hundred ((twenty-two)) fifty-two dollars per month or two thousand ((five)) seven hundred ((thirty-two)) twelve dollars in a six-month period, unless the department determines your family member requires licensed nursing care and the funding is used to pay for nursing care. If licensed care is required, the maximum funding level is two thousand four hundred fifty dollars per month.

(2) REMEMBER:

(a) Funding must be available in order to receive serious need services.

(b) Services paid for by serious needs funds will be reviewed by DDD every six months.

[Statutory Authority: RCW 71A.12.030 and 71A.12.040. 00-23-106, 388-825-238, filed 11/21/00, effective 12/22/00; 99-19-104, recodified as 388-825-238, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. 99-04-071, 275-27-200, filed 2/1/99, effective 3/4/99.]


AMENDATORY SECTION(Amending WSR 00-23-106, filed 11/21/00, effective 12/22/00)

WAC 388-825-254   Service need level rates.   (1) The department shall base periodic service authorizations on:

(a) Requests for family support services described in WAC 388-825-252(2) of this section;

(b) Service need levels as described in WAC 388-825-252(3) of this chapter. Service need level lid amounts are as follows:

(i) Clients designated for service need level one (WAC 388-825-256) may receive up to one thousand ((eighty)) one hundred fifty-six dollars per month or two thousand four hundred ((eleven)) sixty-two dollars per month if the client requires licensed nursing care in the home:

(A) If a client is receiving funding through Medicaid Personal Care or other DSHS in-home residential support, the maximum payable through family support shall be ((four)) five hundred ((seventy-nine)) twelve dollars per month;

(B) If the combined total of family support services at this maximum plus in-home support is less than one thousand ((eighty)) one hundred fifty-six dollars additional family support can be authorized to bring the total to one thousand ((eighty)) one hundred fifty-six dollars.

(ii) Clients designated for service need level two may receive up to four hundred ((twenty-six)) fifty-six dollars per month if not receiving funding through Medicaid personal care:

(A) If a client is receiving funds through Medicaid personal care or other DSHS in-home residential support service, the maximum receivable through family support shall be two hundred ((thirty-nine)) fifty-six dollars per month;

(B) If the combined total of family support services at this maximum plus in-home support is less than ((four)) fifty-six hundred four dollars, additional family support can be authorized to bring the total to four hundred ((twenty-six)) fifty-six dollars.

(iii) Clients designated for service need level three may receive up to two hundred ((thirty-nine)) fifty-six dollars per month provided the client is not receiving Medicaid personal care. If the client is receiving Medicaid personal care or other DSHS in-home residential support service, the maximum receivable through family support shall be one hundred twenty-eight dollars per month; and

(iv) Clients designated for service level four may receive up to one hundred twenty-eight dollars per month family support services.

(c) Availability of family support funding;

(d) Authorization by a review committee, in each regional office, which reviews each request for service;

(e) The amounts designated in subsection (1)(b)(i) through (iv) of this section are subject to periodic increase if vendor rate increases are mandated by the legislature.

(2) The department shall authorize family support services contingent upon the applicant providing accurate and complete information on disability-related requests.

(3) The department shall ensure service authorizations do not exceed maximum amounts for each service need level based on the availability of funds.

(4) The department shall not authorize a birth parent, adoptive parent, or stepparent living in the same household as the client as the direct care provider for respite, attendant, nursing, therapy, or counseling services for a child seventeen years of age or younger.

[Statutory Authority: RCW 71A.12.030 and 71A.12.040. 00-23-106, 388-825-254, filed 11/21/00, effective 12/22/00; 00-08-090, 388-825-254, filed 4/5/00, effective 5/6/00; 99-19-104, recodified as 388-825-254, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030, 71A.12.040 and Title 71A RCW. 97-13-051, 275-27-222, filed 6/13/97, effective 7/14/97.]

Washington State Code Reviser's Office