WSR 19-03-128
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed January 18, 2019, 11:31 a.m., effective January 24, 2019]
Effective Date of Rule: January 24, 2019.
Purpose: The department is enacting amendments to WAC 388-845-1615 on an emergency basis to require homecare agencies to be contracted with area agencies on aging. These amendments align with waiver amendments approved by the Centers for Medicare and Medicaid Services.
Citation of Rules Affected by this Order: Amending WAC 388-845-1615.
Under RCW
34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: Immediate adoption of these amendments ensures that the developmental disabilities administration (DDA) only contracts with qualified homecare agency providers and thus properly receives federal funds. This is the second emergency rule filing on this subject. DDA is following the permanent rule-making process to enact this rule on a permanent basis; the rule is scheduled for public hearing on January 8, 2019. This second filing is necessary to keep the rule in effect until after the hearing when DDA files the permanent CR-103 rule-making order.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: January 8, 2019.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-001, filed 6/20/18, effective 7/21/18)
WAC 388-845-1615Who may be qualified providers of respite care?
Providers of respite care may be any of the following individuals or agencies contracted with the developmental disabilities administration (DDA) for respite care:
(1) Individuals who meet the provider qualifications under chapter 388-825 WAC;
(2) ((Homecare and))Home health agencies licensed under chapter 246-335 WAC, Part 1;
(3) Homecare agencies licensed under chapter 246-335 WAC, Part 1 and contracted with the area agencies on aging (AAA);
(4) Licensed and contracted group homes, foster homes, child placing agencies, staffed residential homes, and foster group care homes;
(((4)))(5) Licensed and contracted adult family homes;
(((5)))(6) Licensed and contracted adult residential care facilities;
(((6)))(7) Licensed and contracted adult residential treatment facilities under chapter 246-337 WAC;
(((7)))(8) Licensed child care centers under chapter 170-295 WAC;
(((8)))(9) Licensed child day care centers under chapter 170-295 WAC;
(((9)))(10) Adult day care providers under chapter 388-71 WAC contracted with DDA;
(((10)))(11) Certified providers under chapter 388-101 WAC when respite is provided within the DDA contract for certified residential services;
(((11)))(12) A licensed practical nurse (LPN) or registered nurse (RN) acting within the scope of the standards of nursing conduct or practice under chapter 246-700 WAC and contracted with DDA to provide this service; or
(((12)))(13) Other DDA contracted providers such as a community center, senior center, parks and recreation, and summer programs.