WSR 15-12-072

EMERGENCY RULES

[Filed May 29, 2015, 11:37 a.m., effective June 1, 2015]

Effective Date of Rule: June 1, 2015.

Purpose: Specific sections within chapter 388-845 WAC are being amended due to the 2014 operating supplemental budget directing the developmental disabilities administration (DDA) to move the state funded individual and family services (IFS) program into a 1915(C) Home and Community Based Services (HCBS) waiver on May 1, 2015. The requirement is to mirror the current IFS program as much as possible in the new HCBS waiver.

Citation of Existing Rules Affected by this Order: Amending WAC 388-845-0001 Definitions, 388-845-0015 What HCBS waivers are provided by the developmental disabilities administration (DDA)?, 388-845-0020 When were the HCBS waivers effective?, 388-845-0030 Do I meet criteria for HCBS waiver-funded services?, 388-845-0041 What is DDA's responsibility to provide my services under the DDA HCBS waivers administered by DDA?, 388-845-0045 When there is capacity to add people to a waiver, how does DDA determine who will be enrolled?, 388-845-0052 What is the process if I am already on a DDA HCBS waiver and request enrollment onto a different ((waiver)) DDA HCBS waiver?, 388-845-0055 How do I remain eligible for the waiver?, 388-845-0060 Can my waiver enrollment be terminated?, 388-845-0100 What determines which waiver I am assigned to?, 388-845-0105 What criteria determine assignment to the community protection waiver?, 388-845-0110 Are there limitations to the waiver services I can receive?, 388-845-0200 What waiver services are available to me?, 388-845-0210 What is the scope of services for the Basic Plus waiver ((services.))?, 388-845-0215 What is the scope of services for the CORE waiver ((services.))?, 388-845-0220 What is the scope of services for the community protection waiver ((services.))?, 388-845-0225 What is the scope of services for the children's intensive in-home behavioral support (CIIBS) waiver ((services.))?, 388-845-0415 What is assistive technology?, 388-845-0420 Who is a qualified provider of assistive technology?, 388-845-0425 Are there limits to the assistive technology I can receive?, 388-845-0505 Who is a qualified provider of behavior support and consultation?, 388-845-0510 Are there limits to the behavior support and consultation I can receive?, 388-845-0820 Are there limits to my use of emergency assistance?, 388-845-0900 What are environmental ((accessibility)) adaptations?, 388-845-0905 Who is a qualified provider for ((building these)) environmental ((accessibility)) adaptations?, 388-845-0910 What limitations apply to environmental ((accessibility)) adaptations?, 388-845-1015 Are there limits to the extended state plan services I can receive?, 388-845-1040 Are there limits to the individualized technical assistance services I can receive?, 388-845-1110 What are the limits of behavioral health crisis diversion bed services?, 388-845-1150 What are behavioral health stabilization services?, 388-845-1160 Are there limitations to the behavioral health stabilization services that I can receive?, 388-845-1170 What is nurse delegation?, 388-845-1180 Are there limitations to the nurse delegation services that I receive?, 388-845-1310 Are there limits to the personal care services I can receive?, 388-845-1410 Are there limits to the prevocational services I can receive?, 388-845-1600 What is respite care?, 388-845-1605 Who is eligible to receive respite care?, 388-845-1607 Can someone who lives with me be my respite provider?, 388-845-1620 Are there limits to the respite care I can receive?, 388-845-1660 Are there limitations to the sexual deviancy evaluations I can receive?, 388-845-1700 What is skilled nursing?, 388-845-1710 Are there limitations to the skilled nursing services I can receive?, 388-845-1800 What are specialized medical equipment and supplies?, 388-845-1810 Are there limitations to my receipt of specialized medical equipment and supplies?, 388-845-1840 What is specialized nutrition ((and specialized clothing))?, 388-845-1845 Who are qualified providers of specialized nutrition ((and specialized clothing))?, 388-845-1850 Are there limitations to my receipt of specialized nutrition ((and specialized clothing))?, 388-845-1910 Are there limitations to the specialized psychiatric services I can receive?, 388-845-2000 What is staff/family consultation and training?, 388-845-2005 Who is a qualified provider of staff/family consultation and training?, 388-845-2010 Are there limitations to the staff/family consultation and training I can receive?, 388-845-2160 What is therapeutic equipment and supplies?, 388-845-2170 Are there limitations on my receipt of therapeutic equipment and supplies?, 388-845-2210 Are there limitations to the transportation services I can receive?, 388-845-2260 What are vehicle modifications?, 388-845-2270 Are there limitations to my receipt of vehicle modification services?, 388-845-3000 What is the process for determining the services I need?, 388-845-3055 What is a waiver person-centered service plan/individual support plan (ISP)?, 388-845-3056 What if I need assistance to understand my person-centered service plan/individual support plan?, 388-845-3060 When is my person-centered service plan/individual support plan effective?, 388-845-3061 Can a change in my person-centered service plan/individual support plan be effective before I sign it?, 388-845-3062 Who is required to sign or give verbal consent to the person-centered service plan/individual support plan?, 388-845-3063 Can my person-centered service plan/individual support plan be effective before the end of the month?, 388-845-3065 How long is my plan effective?, 388-845-3070 What happens if I do not sign or verbally consent to my person-centered service plan/individual support plan (ISP)?, 388-845-3075 What if my needs change? and 388-845-3085 What if my needs exceed what can be provided under the IFS, CIIBS, Core or community protection waiver?; and new sections WAC 388-845-0230 What is the scope of services for the individual and family services waiver?, 388-845-0650 What are community engagement services?, 388-845-0655 Who is a qualified provider of community engagement service?, 388-845-0660 Are there limitations to the community engagement services I can receive?, 388-845-1190 What is peer mentoring?, 388-845-1191 Who are qualified providers of peer mentoring?, 388-845-1192 What limitations are there for peer mentoring?, 388-845-1195 What is person-centered planning facilitation?, 388-845-1196 Who are qualified providers of person-centered planning facilitation?, 388-845-1197 What limitations are there for person-centered planning facilitation?, 388-845-1855 What is specialized clothing?, 388-845-1860 Who are qualified providers of specialized clothing?, 388-845-1865 Are there limitations to my receipt of specialized clothing?, 388-845-2130 What are supported parenting services?, 388-845-2135 Who are qualified providers of supported parenting services?, and 388-845-2140 Are there any limitations on my receipt of supported parenting services?

Statutory Authority for Adoption: SSB 6387 of the 63rd legislature, 2014 regular session.

Other Authority: RCW 71A.12.030, 71A.12.120.

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: Once SSB 6387 of the 63rd legislature 2014 regular session was passed, DDA has worked on a new required IFS Waiver requiring approval of the waiver from the Center for Medicaid Services (CMS) while concurrently identifying, and having programmed, enhancements to our statewide assessment tool "CARE" and updates to related rules so that all three are ready for May 1, 2015, as required in SSB 6387. However, CMS did not approve the IFS waiver until May 27 with an effective date of June 1, 2015. While we have filed the CR-101 making our intentions known and the CR-102 with the proposed changes at the time of filing, we are unable to complete the regular rule-making process prior to the June 1, 2015, implementation date. Therefore DDA is filing this CR-103 emergency rule-making order while completing the regular rule-making process.

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 16, Amended 68, 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 0, 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 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 16, Amended 68, Repealed 0.

Date Adopted: May 28, 2015.

Katherine I. Vasquez

Rules Coordinator