WSR 13-22-080
(Aging and Long-Term Support Administration)
[Filed November 6, 2013, 6:58 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-132.
Title of Rule and Other Identifying Information: WAC 388-106-0033 When may I receive services in a facility contracted to provide specialized dementia care services?
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on December 10, 2013, at 10:00 a.m.
Date of Intended Adoption: Not earlier than December 11, 2013.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on December 10, 2013.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 20, 2013, TTY (360) 664-6178 or (360) 664-6094 or by e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is adding new WAC 388-106-0033, to chapter 388-106 WAC on applying for long-term care services, in order to describe when a client may receive enhanced adult residential care-specialized dementia care (SDC). The new WAC clarifies who is eligible to receive SDC services in language that is consistent with the CARE assessment instrument.
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 74.09.520, 74.08.090.
Statute Being Implemented: RCW 74.08.090.
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, Implementation and Enforcement: Judi Plesha, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2370.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
November 4, 2013
Katherine I. Vasquez
Rules Coordinator
WAC 388-106-0033 When may I receive services in a facility contracted to provide specialized dementia care services?
(1) "Enhanced adult residential care-specialized dementia care ("EARC-SDC")", which is defined in WAC 388-110-020. You may be eligible to receive EARC-SDC services in a licensed assisted living facility under the following circumstances:
(a) You are enrolled in COPES, as defined in WAC 388-106-0015;
(b) You are receiving services in an assisted living facility that has a current EARC-SDC contract, and you are living in the part of the facility that is covered by the contract;
(c) The Department has authorized you to receive EARC-SDC services in the assisted living facility;
(d) The Department has received written or verbal confirmation from a health care practitioner that you have an irreversible dementia (such as Alzheimer's Disease, multi-infarct or vascular dementia, Lewy Body Dementia, Pick's Disease, Alcohol-related Dementia); and
(e) You are assessed by the comprehensive assessment reporting evaluation tool ("CARE") as having a Cognitive Performance Score of 3 or above; and any one or more of the following:
(i) An unmet need for assistance with Supervision, Limited, Extensive or Total Dependence with eating/drinking
(ii) Inappropriate toileting/menses activities
(iii) Rummages/takes others belongings
(iv) Up at night when others are sleeping and requires intervention(s)
(v) Wanders/exit seeking
(vi) Wanders/not exit seeking
(vii) Has left home and gotten lost
(viii) Spitting
(ix) Disrobes in public
(x) Eats non-edible substances
(xi) Sexual acting out
(xii) Delusions
(xiii) Hallucinations
(xiv) Assaultive
(xv) Breaks, throws items
(xvi) Combative during personal care
(xvii) Easily irritable/agitated
(xviii) Obsessive re health/body functions
(xix) Repetitive movement/pacing
(xx) Unrealistic fears or suspicions
(xxi) Repetitive complaints/questions
(xxii) Resistive to care
(xxiii) Verbally abusive
(xxiv) Yelling/screaming
(xxv) Inappropriate verbal noises
(xxvi) Accuses others of stealing