SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed October 18, 2019, 8:48 a.m.]
Preproposal statement of inquiry was filed as WSR 19-06-046.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-826-0075 and 388-826-0095; repeal WAC 388-826-0090; and create new WAC 388-826-0096, 388-826-0097, and 388-826-0098.
Hearing Location(s): On November 26, 2019, 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/office-of-the-secretary/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than November 27, 2019.
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., November 26, 2019.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by November 12, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The developmental disabilities administration is amending these rules to do the following: Require a voluntary placement services (VPS) client's parent or legal guardian to apply for all benefits available to the client; require a VPS client's parent or legal guardian to establish a representative payee if the client receives Social Security income; require a VPS client residing in a licensed staffed residential home, children's state-operated living alternative, or group care facility for medically fragile children to pay client responsibility according to WAC 182-515-1510 or 182-513-1235; require a VPS client residing in a child foster home to pay a fixed monthly rate known as "basic expenses"; require a basic expense agreement for a VPS client residing in a child foster home; and clarify language about a parent or legal guardian's fiscal responsibility to a child receiving VPS.
Reasons Supporting Proposal: These amendments align the calculation of client participation for VPS clients with that of other waiver participants, clarify parent and guardian responsibilities, and require clients receiving VPS in child foster homes to establish a basic expense agreement.
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: Nichole Jensen, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1521.
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, TTY 1-800-833-6388, 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) because the rules do not affect small businesses.
Explanation of exemptions: The proposed amendments impose no new or disproportionate costs on small businesses so a small business economic impact statement is not required.
October 16, 2019
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 18-23-004, filed 11/7/18, effective 12/8/18)
WAC 388-826-0075What are a parent or legal guardian's responsibilities when ((their))a child is receiving voluntary placement services?
(1) When a client is receiving voluntary placement services, the client's parent or legal guardian must:
(((1)))(a) Maintain weekly contact with the child;
(((2)))(b) Comply with the voluntary placement agreement;
(((3) Help))(c) Apply for all income and benefits available to the child ((from the Social Security Administration)); and
(((4)))(d) Participate in:
(((a)))(i) The shared parenting plan;
(((b)))(ii) Team meetings; and
(((c)))(iii) The DDA annual assessment, including the person-centered service plan.
(2) When the child receives social security income, the child's parent or legal guardian must establish a representative payee to manage the child's income and comply with the client responsibility and basic expenses required in this chapter.
(3) Nonpayment of a child's client responsibility or basic expenses may jeopardize the child's placement with a provider.
AMENDATORY SECTION(Amending WSR 02-22-057, filed 10/31/02, effective 12/1/02)
WAC 388-826-0095((Who pays for a child's care when a child is in out-of-home))What must a client pay toward the cost of voluntary placement services in a licensed staffed residential home, a children's SOLA, or a group care facility?
((State funds, federal funds and the child's SSI, that is used for basic maintenance support the cost of the child's care while the child is in licensed out-of-home placement. The parent is encouraged to continue to support their child with typical activities, e.g., presents, clothing, special items, special outings. Licensed providers who care for the child in a licensed setting will be paid directly through a contract with DDD and according to an established rate structure, established within DDD.))
(1) To receive voluntary placement services in a licensed staffed residential home, a children's SOLA, or a group care facility for medically fragile children, a client may be required to pay client responsibility as required under this section.
(2) The department determines the amount of client responsibility and room and board a client must pay under:
(a) WAC 182-515-1510 if the client is enrolled on a DDA home and community-based (HCB) waiver under chapter 388-845 WAC; or
(b) WAC 182-513-1235 if the client is enrolled in roads to community living under chapter 388-106 WAC.
WAC 388-826-0096What must a client pay toward the cost of voluntary placement services in a child foster home?
(1) To receive voluntary placement services in a child foster home, a client must pay the provider a fixed monthly amount referred to as basic expenses, which must be outlined in a basic expense agreement.
(2) The written basic-expense agreement must include:
(a) Monthly amounts for rent, utilities, and food costs; and
(b) The day of the month the payment is due to the provider.
(3) The total monthly obligation in the basic-expense agreement must not exceed the client's available income minus the personal needs allowance under WAC 182-513-1105(5).
(4) Before the client moves into the child foster home, the basic-expense agreement must be:
(a) Signed by the client or the client's legal representative;
(b) Signed by the provider; and
(c) Sent to DDA.
(5) Changes to the basic-expense agreement must be reviewed by DDA before implementation.
WAC 388-826-0097What expenses must a parent pay for the child while receiving voluntary placement services?
A parent or legal guardian remains financially responsible for all expenses for the child that are not included in voluntary placement services.
WAC 388-826-0098What does the department pay toward voluntary placement services?
(1) For a client residing in a licensed staffed residential home, a children's state-operated living alternative (SOLA), or a group care facility, the department pays the cost of the voluntary placement services minus the amount of client responsibility under WAC 388-826-0095.
(2) For a client residing in a child foster home, the department pays the cost of the voluntary placement services minus basic expenses under WAC 388-826-0096.
The following section of the Washington Administrative Code is repealed:
What does a parent do with the child's Social Security benefits when the parent's child lives outside the parent's home?