WSR 09-16-087

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed August 3, 2009, 8:48 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-13-029.

Title of Rule and Other Identifying Information: The department plans to amend chapter 388-828 WAC, Division of developmental disabilities, to ensure that it reflects changes that have been approved in chapter 388-829C WAC, Companion homes, chapter 388-826 WAC, Voluntary placement services, and chapter 388-845 WAC, DDD home and community based waivers, regarding the process DDD uses to determine respite.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on September 8, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than September 9, 2009.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on September 8, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 25, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these rules is to amend chapter 388-828 WAC, DDD assessment rules, to ensure that they are consistent with rules.

Reasons Supporting Proposal: Implementation of a standardized tool for determining annual respite allocations will provide clients, providers and the public in general with information that explains how DDD determines the number of respite hours companion home clients may receive annually. The standardized tool will promote consistency in services determination so that clients with similar assessed support needs receive similar levels of service.

Statutory Authority for Adoption: RCW 71A.12.010 and 71A.12.030.

Statute Being Implemented: Title 71A RCW.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Mark Eliason, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-2517; Implementation: Shaw Seaman, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3443; and Enforcement: Don Clintsman, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3426.

No small business economic impact statement has been prepared under chapter 19.85 RCW. DDD has identified fifty-three clients who receive companion home services. DDD has analyzed the proposed new rules and amendments and has determined that overall costs to companion home providers will be minor, if at all. This is based on a cost-neutral approach to determining annual respite levels that is fair and equitable for all clients receiving companion home services. In addition, DDD is unable to determine if there is a disproportionate impact to companion home providers as all are considered small business. Based on this information, DDD has concluded that preparation of a small business economic impact statement is not required.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Mark Eliason, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-2517, fax (360) 407-0955, e-mail eliasmr@dshs.wa.gov.

July 23, 2009

Stephanie E. Schiller

Rules Coordinator

4125.3
NEW SECTION
WAC 388-828-5990   How does DDD determine your unadjusted respite assessment level if DDD has authorized you to receive companion home services per chapter 388-829C WAC?   DDD determines your unadjusted respite assessment level for companion home services using the following table:


If your Protective Supervision Support Level is: And your behavioral acuity level is: Then your unadjusted respite assessment level is:
0 None 1
0 Low 1
0 Medium 2
0 High 2
1 None 1
1 Low 1
1 Medium 2
1 High 3
2 or 3 None 2
2 or 3 Low 2
2 or 3 Medium 2
2 or 3 High 4
4 None 2
4 Low 2
4 Medium 3
4 High 4
5 None 3
5 Low 3
5 Medium 4
5 High 5
6 None 3
6 Low 3
6 Medium 4
6 High 5

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NEW SECTION
WAC 388-828-6010   How does DDD determine your companion home services support score per chapter 388-829C WAC?  


If your unadjusted respite assessment level for companion home services in WAC 388-828-5990 is: Then your companion home services support score is:
1 98
2 98
3 267
4 436
5 605

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NEW SECTION
WAC 388-828-6011   How does DDD determine the number to use in the adjustment of your companion home services support score?   DDD determines the amount of the adjustment for your companion home services support score using the following table:


If you are authorized to receive companion home services per chapter 388-829C and Your ADL support needs level for the SIS per WAC 388-828-5480
None Low Medium High
Your medical acuity level per WAC 388-828-5700 None 288 288 321 337
Low 288 288 321 337
Medium 288 343 402 443
High 288 443 619 693

Example: If your ADL support needs level is "medium" and your medical acuity level is "medium," the amount of your adjustment is 402.

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NEW SECTION
WAC 388-828-6012   How does DDD determine the number of respite hours you may receive annually if you are receiving companion home services?   DDD determines the number of respite hours you may receive annually by adding your companion home services support score in WAC 388-828-6010 to your adjusted companion home services support score in WAC 388-828-6011.

Example: If your companion home services support score is 267 and adjusted companion home services support rating is 343, the number of respite hours you may receive annually is 610.

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4132.1
AMENDATORY SECTION(Amending WSR 07-16-102, filed 7/31/07, effective 9/1/07)

WAC 388-829C-230   Are companion home clients eligible to receive respite?   Companion home clients are eligible to receive respite care to provide intermittent relief to the companion home provider. ((The level of respite available to the companion home must be identified in the companion home contract)) The DDD assessment will determine how much respite you can receive per chapter 388-828 WAC.

[Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. 07-16-102, 388-829C-230, filed 7/31/07, effective 9/1/07.]

Washington State Code Reviser's Office