WSR 01-14-055

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed June 29, 2001, 3:54 p.m. ]

Date of Adoption: June 22, 2001.

Purpose: Establish guidelines for whether the department pays residential providers on last day of service; and remove obsolete language from WAC 388-71-0605, specifically around receiving residential services through SSI.

Citation of Existing Rules Affected by this Order: Amending WAC 388-71-0605 and 388-71-0613.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.04.200, and 74.08.090.

Adopted under notice filed as WSR 01-03-155 on January 24, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.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

June 22, 2001

Brian Lindgren, Manager

Rules and Policies Assistance Unit

2870.5
AMENDATORY SECTION(Amending WSR 00-04-056, filed 1/28/00, effective 2/28/00)

WAC 388-71-0605   Am I eligible for residential services?   (1) If you apply for services, you may be eligible to have the department pay for your services through one of the programs listed below. The department assesses and determines your functional and financial eligibility for residential services under one of the following long-term care programs:

(((1))) (a) Community options program entry system (COPES), ((defined)) described in WAC ((388-515-1505;

(2))) 388-71-0435; or

(b) Medicaid personal care funding (MPC), described in WAC 388-71-0440((; or

(3))).

(2) If you are not eligible for services under one of the programs listed above, you may ((be able to)) receive state-only funding for residential services ((through Supplemental Security Income (SSI) as determined under WAC 388-511-1105 or 388-511-1130;)) if you meet eligibility requirements for general assistance ((unemployment under)) unemployable, described in WAC 388-235-5000((; or Title XIX categorically relatable to SSI if you are:

(a) Eighteen or older; and

(b) Unable to live alone and/or need assistance with activities of daily living)).

((
Residential care services COPES MPC State-only programs
Adult family homes x x x
Adult residential care (ARC) x x
Enhanced adult residential care (EARC) x
Assisted living facilities (AL) x
))
(3) If you are on:

(a) MPC, you can receive services in adult family homes and adult residential care facilities.

Note: If you are under eighteen, you may receive MPC services in a children's foster family home or a children's group care facility.

(b) COPES, you can receive services in adult family homes, enhanced adult residential care facilities, and assisted living facilities.

(c) GAU, you can receive state-funded services in adult family homes and adult residential care facilities.

[Statutory Authority: RCW 74.08.44 [74.08.044]. 00-04-056, 388-71-0605, filed 1/28/00, effective 2/28/00.]

2869.3
NEW SECTION
WAC 388-71-0613   For what days will the department pay the residential care facility?   The department pays the residential care facility from the first day of service through the:

(1) Last day of service when the Medicaid resident dies in the facility; or

(2) Day of service before the day the Medicaid resident is discharged.

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Washington State Code Reviser's Office