WSR 03-02-079

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

[ Filed December 30, 2002, 3:44 p.m. ]

Date of Adoption: December 30, 2002.

Purpose: The reason for the rule, as well as a summary of its effect, is to incorporate changes necessary and related to SB 6482 (chapter 64, Laws of 2002). The bill removes the six-month (one hundred eighty day) limitation on alcohol and drugs treatment services for low income and indigent clients. This will allow clients to receive longer treatment stays as necessary using the American Society of Addiction Medicine (ASAM) criteria. As a result, WAC 388-800-0080 is repealed.

Other amendments also: Correct typographical errors; changes "assessment centers" to "certified chemical dependency service providers"; and, amend language to clarify intent.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-800-0080; and amending WAC 388-800-0045, 388-800-0055, 388-800-0060, 388-800-0065, 388-800-0070, 388-800-0075, 388-800-0090, 388-800-0100, and 388-800-0110.

Statutory Authority for Adoption: RCW 74.50.080.

Other Authority: Chapter 64, Laws of 2002.

Adopted under notice filed as WSR 02-21-044 on October 14, 2002.

Changes Other than Editing from Proposed to Adopted Version: Changing the term "entity" to "certified chemical dependency service providers."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 9, Repealed 1.
Effective Date of Rule: Thirty-one days after filing.

December 27, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3169.2
AMENDATORY SECTION(Amending WSR 00-16-077, filed 7/28/00, effective 9/1/00)

WAC 388-800-0045   What services are offered by ADATSA?   If you qualify for the ADATSA program you may be eligible for:

(1) Alcohol/drug treatment services and support described under WAC-388-800-0080.

(2) Shelter services as described under WAC ((388-800-0120)) 388-800-0130.

(3) Medical care services as described under WAC ((388-86-120)) 388-556-0500 and 388-529-0200.

[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, 388-800-0045, filed 7/28/00, effective 9/1/00.]


AMENDATORY SECTION(Amending WSR 00-16-077, filed 7/28/00, effective 9/1/00)

WAC 388-800-0055   What clinical incapacity must I meet to be eligible for ADATSA treatment services?   You are clinically eligible for ADATSA treatment services when you:

(1) Are diagnosed as having a mild, moderate, or severe dependency on a psychoactive substance class other than nicotine or caffeine, using the current criteria for Psychoactive Substance Dependence in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association (DSM IV or its successor);

(2) ((Are clearly diagnosed as currently dependent on psychoactive substances other than nicotine or caffeine;

(3))) Have not abstained from alcohol and drug use for the last ninety days, excluding days spent while incarcerated;

(((4))) (3) Have not been gainfully employed in a job in the competitive labor market at any time during the last thirty days. For the purposes of this chapter, "gainfully employed" means performing in a regular and predictable manner an activity for pay or profit. Gainful employment does not include noncompetitive jobs such as work in a department-approved sheltered workshop or sporadic or part-time work, if the person, due to functional limitation, is unable to compete with unimpaired workers in the same job; and

(((5))) (4) Are incapacitated, i.e., unable to work. Incapacity exists if you are one or more of the following:

(a) Currently pregnant or up to two months postpartum;

(b) Diagnosed as at least moderately psychoactive substance dependent and referred for treatment by child protective services;

(c) Diagnosed as severely psychoactive substance dependent and currently an intravenous drug user;

(d) Diagnosed as severely psychoactive substance dependent and has at least one prior admission to a department-approved alcohol/drug treatment or detoxification program;

(e) Diagnosed as severely psychoactive substance dependent and have had two or more arrests for offenses directly related to the chemical dependency; or

(f) Lost two or more jobs during the last six months as a direct result of chemical dependency.

[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, 388-800-0055, filed 7/28/00, effective 9/1/00.]


AMENDATORY SECTION(Amending WSR 00-16-077, filed 7/28/00, effective 9/1/00)

WAC 388-800-0060   What is the role of the ((ADATSA/adult assessment center)) certified chemical dependency service provider in determining ADATSA eligibility?   (1) A department-((designated)) certified chemical dependency ((assessment center)) service provider determines your clinical incapacity based on alcoholism and/or drug addiction.

(2) ((The)) The certified chemical dependency service provider provides a written current assessment needed to determine your eligibility.

(3) This assessment ((center)) is the department's sole source of medical evidence required for the diagnosis and evaluation of your chemical dependency and its effects on employability.

(((3) The assessment center provides a written current assessment needed to determine your eligibility.))

[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, 388-800-0060, filed 7/28/00, effective 9/1/00.]


AMENDATORY SECTION(Amending WSR 00-16-077, filed 7/28/00, effective 9/1/00)

WAC 388-800-0065   What are the responsibilities of ((ADATSA/adult assessment centers)) the certified chemical dependency service provider in determining eligibility?   (1) ((ADATSA/Adult assessment centers)) The role of the certified chemical dependency service provider is to:

(a) Provide your diagnostic evaluation and decide your initial treatment placement;

(b) Conduct a face-to-face diagnostic assessment, according to WAC 388-805-310, to determine if you:

(i) Are chemically dependent;

(ii) Meet incapacity standards for treatment under WAC 388-800-0055; and

(iii) Are willing, able, and eligible to undergo a course of ADATSA chemical dependency treatment, once determined incapacitated.

(c) Determines a course of treatment based on your individual assessment of alcohol/drug involvement and treatment needs in accordance with RCW 70.96A.100.

[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, 388-800-0065, filed 7/28/00, effective 9/1/00.]


AMENDATORY SECTION(Amending WSR 00-16-077, filed 7/28/00, effective 9/1/00)

WAC 388-800-0070   What happens after I am found eligible for ADATSA services?   Once your financial and clinical eligibility is established, the ((assessment center)) certified chemical dependency service provider:

(1) Develops your ADATSA treatment plan;

(2) Arranges ((all)) your initial chemical dependency treatment placements taking into account the treatment priorities described under WAC 388-800-0100;

(3) Provides you with written notification of your right to return to the community service office (CSO) at any time while receiving ADATSA treatment;

(4) Provides you with written notification of your right to request a fair hearing to challenge any action affecting eligibility for ADATSA treatment; and

(5) ((Provides ongoing case monitoring of your treatment services; and

(6))) Notifies the CSO promptly of your placement or eligibility status changes.

[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, 388-800-0070, filed 7/28/00, effective 9/1/00.]


AMENDATORY SECTION(Amending WSR 00-16-077, filed 7/28/00, effective 9/1/00)

WAC 388-800-0075   What criteria does the ((assessment center)) certified chemical dependency service provider use to plan my treatment?   When evaluating a treatment plan which will benefit you the most, the ((assessment center)) certified chemical dependency service provider considers clinical or medical factors utilizing the American Society of Addiction Medicine (ASAM) Patient Placement Criteria (PPC).

[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, 388-800-0075, filed 7/28/00, effective 9/1/00.]


AMENDATORY SECTION(Amending WSR 00-16-077, filed 7/28/00, effective 9/1/00)

WAC 388-800-0090   What happens when I withdraw or am discharged from treatment?   (1) You will be terminated from ADATSA treatment services if you leave treatment.

(2) If you are discharged from treatment for any other reason, you will be referred to the next appropriate level of treatment.

(3) If you are absent from any residential treatment services for less than seventy-two hours you may reenter that program without being considered as having dropped out. This is done at the discretion of the treatment service administrator and without requiring you to apply for re-admittance through the ((assessment center)) certified chemical dependency service provider.

(4) Once you voluntarily leave treatment you must reapply and be referred again to the ((assessment)) certified chemical dependency service provider to receive further ADATSA treatment services.

(5) If you are terminated from treatment you are not eligible for benefits beyond the month in which treatment services end. Rules regarding advance and adequate notice still apply, but you are not eligible for continued assistance pending a fair hearing.

[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, 388-800-0090, filed 7/28/00, effective 9/1/00.]


AMENDATORY SECTION(Amending WSR 00-16-077, filed 7/28/00, effective 9/1/00)

WAC 388-800-0100   What are the groups that receive priority for ADATSA services?   (1) When assigning treatment admissions, the ADATSA/Adult assessment ((center)) certified chemical dependency service provider:

(a) Gives first priority to you if you are a pregnant woman or a parent with a child under eighteen years old in the home;

(b) Provides priority access for admission if you are:

(i) Referred by the department's children's protective services (CPS) program; and/or

(ii) An injecting drug user (IDU).

(2) If you are completing residential treatment you have priority access to outpatient treatment.

[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, 388-800-0100, filed 7/28/00, effective 9/1/00.]


AMENDATORY SECTION(Amending WSR 00-16-077, filed 7/28/00, effective 9/1/00)

WAC 388-800-0110   What cash benefits am I eligible for through ADATSA if I am in residential treatment?   When you are in ADATSA residential treatment and are below the department payment standard for clothing and personal incidentals (CPI) you ((are)) may be eligible to receive CPI.

[Statutory Authority: RCW 74.08.090, 74.50.80 [74.50.080]. 00-16-077, 388-800-0110, filed 7/28/00, effective 9/1/00.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-800-0080 What are the time limits for receiving types of chemical dependency treatment through ADATSA?

Washington State Code Reviser's Office