WSR 18-02-095 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed January 3, 2018, 9:32 a.m.]
Supplemental Notice to WSR 17-17-177. Preproposal statement of inquiry was filed as WSR 17-11-110. Title of Rule and Other Identifying Information: The department is proposing to create new sections in a new chapter 388-829B WAC, Enhanced case management program. Hearing Location(s): On February 6, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2. Date of Intended Adoption: Not earlier than February 7, 2018. Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., February 6, 2018. Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, TTY 360-664-6178, email KildaJA@dshs.wa.gov, by January 23, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to create new rules in order to implement SB [E2SSB] 6564 (2016). Reasons Supporting Proposal: The proposed rules address abuse and neglect of individuals with developmental disabilities by increasing monitoring, reporting, and home visits for clients assessed as being at the highest risk of abuse and neglect. Statutory Authority for Adoption: RCW 71A.12.030. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: DSHS, governmental. Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Heather Lum, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1526. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, email chantelle.diaz@dshs.wa.gov. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(4). Explanation of exemptions: Under RCW 19.85.025(4), the department is exempt from preparing a small business economic impact statement if the department has prepared a cost-benefit analysis that meets requirements under RCW 34.05.328. December 27, 2017 Katherine I. Vasquez Rules Coordinator
Chapter 388-829B WAC
ENHANCED CASE MANAGEMENT PROGRAM NEW SECTION
WAC 388-829B-100 What is the enhanced case management program?
The enhanced case management program is a program that facilitates client integration, improves quality of care, and promotes a safe home environment. Funds appropriated for the enhanced case management program support up to seven hundred clients through increased:
(1) Access to a case manager;
(2) Access to education and resources; and
(3) Frequency of home visits.
NEW SECTION
WAC 388-829B-200 What definitions apply to this chapter?
The following definitions apply to this chapter.
"CARE assessment" means an inventory and evaluation of a client's strengths and limitations based on an in-person interview in the client's home or place of residence.
"Caregiver" means a person contracted with the developmental disabilities administration (DDA) to provide medicaid or waiver personal care, respite care, or attendant care services.
"Client" means a person who has a developmental disability as defined in RCW 71A.10.020(5) and has been determined eligible to receive services by DDA under chapter 71A.16 RCW.
"Collateral contact" means a person or agency that is involved in the client's life, such as a legal guardian, family member, provider, or friend.
"Independent supports" means an adult, other than the client's paid caregiver, who observes the care a client receives from their paid caregiver.
NEW SECTION
WAC 388-829B-300 Who may DDA enroll in the enhanced case management program?
The developmental disabilities administration (DDA) may enroll a client in the enhanced case management program if the client is largely dependent on a paid caregiver in the client's home and:
(1) The client's CARE assessment indicates the client:
(a) Is not always able to supervise their caregiver;
(b) Has communication barriers and few documented collateral contacts; and
(c) Lacks additional, independent supports that regularly help the client monitor the care being provided in their home; or
(2) The client lives with the paid caregiver and:
(a) The client has been the subject of an adult protective services or child protective services referral in the past year; or
(b) DDA has concerns that the home environment or quality of care may jeopardize the client's health or safety.
NEW SECTION
WAC 388-829B-400 How often must the case manager visit the enhanced case management program client?
(1) The client's case manager must visit each enhanced case management program client at least once every four months at the client's home, including unannounced visits as needed. Each required visit must not occur more than four months apart.
(2) An unannounced visit may replace a scheduled visit.
(3) If a client declines a visit, announced or unannounced, the case manager must document the declined visit in the enhanced case management program node.
(4) If the case manager is unable to meet with the client for a required visit, the case manager must schedule a follow-up visit as soon as possible and no later than thirty days.
NEW SECTION
WAC 388-829B-500 When will I transfer off of the enhanced case management program?
If you no longer meet eligibility criteria for the enhanced case management program under WAC 388-829B-300, DDA will disenroll you from the program.
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