SOCIAL AND HEALTH SERVICES

(Developmental Disabilities Administration)

[Filed February 14, 2019, 11:25 a.m.]

Preproposal statement of inquiry was filed as WSR 19-02-053.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-101D-0025 Service provider responsibilities and repeal WAC 388-101D-0120 Approval of staff-coverage schedules.

Hearing Location(s): On March 26, 2019, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.

Date of Intended Adoption: Not earlier than March 27, 2019.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00, March 26, 2019.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by March 12, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments remove requirements for residential service providers to schedule within contracted hours and obtain approval of staff coverage schedules. These administrative activities are no longer necessary as part of the tiered rates system.

Reasons Supporting Proposal: ESSB 6032 (2018) directs the department to replace hourly payment methodology with a tiered rate methodology for residential services providers. The Centers for Medicare and Medicaid Services (CMS) approved the developmental disabilities administration's (DDA) waiver amendments, which require implementation of the tiered rate system on January 1, 2019. Amending these rules is necessary to implement the tiered rates system.

Statutory Authority for Adoption: RCW 71A.12.030.

Statute Being Implemented: RCW 71A.12.120, ESSB 6032 (2018).

Rule is necessary because of federal law, 42 U.S.C. Sections 1396b and 1396n.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Valerie Kindschy, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1550.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: Under ESSB 6032 (2018) section 205(v) the legislature directed DDA to implement a tiered rate methodology by January 1, 2019. DDA submitted a waiver amendment to CMS that said the department would implement a tiered rate methodology by January 1, 2019. CMS approved the change.

DDA must provide services in compliance with its approved waiver amendments. Removing administrative requirements that were part of the hourly payment methodology is necessary to transition residential service providers into the tiered rate system. As required under 42 U.S.C. Sections 1396b and 1396n, the state must provide services in accordance with the medicaid state plan, and any approved waivers, in order to receive federal funding.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 16-14-058, filed 6/30/16, effective 8/1/16)

WAC 388-101D-0025Service provider responsibilities.

(1) Service providers must meet the requirements of:

(a) This chapter;

(b) Each contract and statement of work entered into with the department;

(c) Each client's individual support plan when the individual support plan identifies the service provider as responsible; and

(d) Each client's individual instruction and support plan.

(2) The service provider must:

(a) Have a designated administrator and notify the department when there is a change in administrator;

(b) Ensure that clients have immediate access to staff, or the means to contact staff, at all times;

(c) Provide adequate staff ((within contracted hours to administer the program and))to meet the needs of clients as identified in their person-centered service plans;

(d) Not routinely involve clients in the unpaid instruction and support of other clients;

(e) Not involve clients receiving crisis diversion services in the instruction and support of other clients; and

(f) Retain all records and other material related to the residential services contract for six years after expiration of the contract.

The following section of the Washington Administrative Code is repealed:

Approval of staff-coverage schedules.