Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Division of Developmental Disabilities family support program rules, WAC 388-825-226, 388-825-228, 388-825-238, and 388-825-254.

Purpose: Revises rule to include mandated rate increases for fiscal year 2001.

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

Statute Being Implemented: Section 209, chapter 309, Laws of 1999.

Summary: Under the Division of Developmental Disabilities family support program, rates for community guides, short-term intervention and service need levels are covered in rule. Since the majority of funding is used to pay providers, mandated vendor rate increases and those funded under Proviso 206 (1)(b) are reflected in the rate increase.

Reasons Supporting Proposal: This rule change shows rate increases implemented in FY 2001.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rita Dickey, Box 45310, Olympia, Washington 98504, (360) 902-8451.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule updates WAC 388-825-226, 388-825-228, 388-825-238, and 388-825-254. It increases rates for community guides, short-term intervention and service need levels to reflect vendor rate increases in the last biennial budget.

Proposal Changes the Following Existing Rules: Rates in current rule are updated to reflect changes.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change increases the rates paid under the family support program and has no impact on small business.

RCW 34.05.328 does not apply to this rule adoption. The rule does not fit the definition of a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on November 7, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper by November 1, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by November 7, 2000.

Date of Intended Adoption: November 8, 2000.

September 21, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

The program will authorize up to two hundred ((four)) eight dollars per year for community guide services for your family.

[Statutory Authority: RCW 71A.12.030 and 71A.12.040.      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.]

If your family is eligible, you may receive up to one thousand ((two)) three hundred 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.      00-08-090, § 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.]

(1) The maximum amount of funding available is four hundred twenty-two dollars per month or two thousand ((four)) five hundred thirty-two 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 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.

[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.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 00-08-090, filed 4/5/00, effective 5/6/00)

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 ((twenty-four)) eighty dollars per month or two thousand four hundred eleven 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 hundred ((fifty-four)) seventy-nine dollars per month;

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

     (ii) Clients designated for service need level two may receive up to four hundred ((four)) twenty-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 ((twenty-seven)) thirty-nine dollars per month;

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

     (iii) Clients designated for service need level three may receive up to two hundred ((twenty-seven)) thirty-nine 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 ((fourteen)) twenty dollars per month; and

     (iv) Clients designated for service level four may receive up to one hundred ((fourteen)) twenty 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.      00-08-090, § 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.]

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