EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Effective Date of Rule: Immediately.
Purpose: The division of developmental disabilities has received approval from the federal Centers for Medicare and Medicaid Services (CMS) to increase the dollar maximum for certain services in the Basic and Basic Plus waivers within the home and community based service (HCBS) waivers. This second emergency rule replaces the emergency rule filed as WSR 06-15-050 on July 12, 2006, and is necessary as the rule is part of a major rewrite of chapter 388-845 WAC. The major rewrite has not been completed as we are waiting for further clarification from CMS on other aspects of the waiver rules.
Citation of Existing Rules Affected by this Order: Amending WAC 388-845-0205 and 388-845-0210.
Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The approval of the amendments to the HCBS waivers by CMS allows the department to increase the dollar maximum for certain services within the Basic and Basic Plus waivers. These increases are necessary for the public general welfare to ensure that the eligible clients receive the full benefits for which they are entitled while the department completes the adoption of permanent rules which was begun under WSR 06-09-013 filed on April 10, 2006. We expect the permanent rule to be implemented by March 27, 2007.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: November 8, 2006.
Andy Fernando, Manager
Rules and Policies Assistance Unit
3782.2
| BASIC WAIVER | SERVICES | YEARLY LIMIT |
| AGGREGATE SERVICES: | May not exceed
$(( |
|
| Behavior management and consultation | ||
| Community guide | ||
| Environmental accessibility adaptations | ||
| Occupational therapy | ||
| Physical therapy | ||
| Specialized medical equipment/supplies | ||
| Specialized psychiatric services | ||
| Speech, hearing and language services | ||
| Staff/family consultation and training | ||
| Transportation | ||
| EMPLOYMENT/DAY PROGRAM SERVICES: | May not exceed
$(( |
|
| Community access | ||
| Person-to-person | ||
| Prevocational services | ||
| Supported employment | ||
| Sexual deviancy evaluation | Limits are determined by DDD | |
| Respite care | Limits are determined respite assessment | |
| Personal care | Limits are determined by CARE assessment | |
| MENTAL HEALTH STABILIZATION SERVICES: | Limits are determined by a mental health professional or DDD | |
| Behavior management and consultation | ||
| Mental health crisis diversion bed services | ||
| Skilled nursing | ||
| Specialized psychiatric services | ||
| Emergency assistance is only for services contained in the Basic waiver | $6000 per year; Preauthorization required |
[Statutory Authority: RCW 71A.12.030, 71A.12.12 [71A.12.120] and chapter 71A.12 RCW. 06-01-024, § 388-845-0205, filed 12/13/05, effective 1/13/06.]
| BASIC PLUS WAIVER | SERVICES | YEARLY LIMIT |
| AGGREGATE SERVICES: | May not exceed
$(( |
|
| Behavior management and consultation | ||
| Community guide | ||
| Environmental accessibility adaptations | ||
| Occupational therapy | ||
| Physical therapy | ||
| Skilled nursing | ||
| Specialized medical equipment/supplies | ||
| Specialized psychiatric services | ||
| Speech, hearing and language services | ||
| Staff/family consultation and training | ||
| Transportation | ||
| EMPLOYMENT/DAY PROGRAM SERVICES: | May not exceed
$(( |
|
| Community access | ||
| Person-to-person | ||
| Prevocational services | ||
| Supported employment | ||
| Adult foster care (adult family home) | Determined per department rate structure | |
| Adult residential care (boarding home) | ||
| MENTAL HEALTH STABILIZATION SERVICES: | Limits determined by a mental health professional or DDD | |
| Behavior management and consultation | ||
| Mental health crisis diversion bed services | ||
| Skilled nursing | ||
| Specialized psychiatric services | ||
| Personal care | Limits determined by the CARE assessment | |
| Respite care | Limits are determined by respite assessment | |
| Sexual deviancy evaluation | Limits are determined by DDD | |
| Emergency assistance
(( |
$6000 per year; Preauthorization required |
[Statutory Authority: RCW 71A.12.030, 71A.12.12 [71A.12.120] and chapter 71A.12 RCW. 06-01-024, § 388-845-0210, filed 12/13/05, effective 1/13/06.]