Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-79 - Guardianship fees for clients of the department › Section 388-79-050 - Procedure for allowing fees and costs from client participation after September 1, 2003

Current through Register Vol. 24-14, July 15, 2024
(1) After September
				1, 2003, where a client is subject to a guardianship the department shall be
				entitled to notice of proceedings as described in
				RCW
				11.92.150.
(2) The notice must be served to the
				department's regional administrator of the program that is providing services
				to the client. A list of the regional administrators will be furnished upon
				request.
(3) If the fees and costs
				requested and established by the order are equal to or less than the maximum
				amounts allowed under WAC
				388-79-030, then the department
				will adjust the client's current participation to reflect the amounts allowed
				upon receipt by the department of the court order setting the monthly
				amounts.
(4) Should fees and costs
				in excess of the amounts allowed in WAC
				388-79-030 be requested:
(a) At least ten days before filing the
				request with the court, the guardian must present the request in writing to the
				appropriate regional administrator to allow the department an opportunity to
				consider whether the request should be granted on an exceptional
				basis.
(b) In considering a request
				for extraordinary fees or costs, the department must consider the following
				factors:
(i) The department's obligation
				under federal and state law to ensure that federal medicaid funding is not
				jeopardized by noncompliance with federal regulations limiting deductions from
				the client's participation amount;
(ii) The usual and customary guardianship
				services for which the maximum fees and costs under WAC
				388-79-030 must be deemed
				adequate for a medicaid client, including but not limited to:
(A) Acting as a representative
				payee;
(B) Managing the client's
				financial affairs;
(C) Preserving
				and/or disposing of property;
(D)
				Making health care decisions;
(E)
				Visiting and/or maintaining contact with the client;
(F) Accessing public assistance programs on
				behalf of the client;
(G)
				Communicating with the client's service providers; and
(H) Preparing any reports or accountings
				required by the court.
(iii) Extraordinary services provided by the
				guardian, such as:
(A) Unusually complicated
				property transactions;
(B)
				Substantial interactions with adult protective services or criminal justice
				agencies;
(C) Extensive medical
				services setup needs and/or emergency hospitalizations; and
(D) Litigation other than litigating an award
				of guardianship fees or costs.
(c) Should the court determine after
				consideration of the facts and law that fees and costs in excess of the amounts
				allowed in WAC
				388-79-030 are just and
				reasonable and should be allowed, then the department will adjust the client's
				current participation to reflect the amounts allowed upon receipt by the
				department of the court order setting the monthly amounts.