reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0100 - How does an alleged perpetrator request an administrative hearing to challenge an initial substantiated finding?

Current through Register Vol. 24-14, July 15, 2024
(1)
				To request an administrative hearing, the alleged perpetrator must send,
				deliver, or fax a written request to the office of administrative hearings
				(OAH).
(a) OAH must receive the written
				request no later than the earlier of:
(i)
				5:00 p.m. on the thirtieth calendar day after the mailing date on adult
				protective services' (APS's) letter of notice; or
(ii) 5:00 p.m. on the thirtieth calendar day
				after the date APS's letter of notice was personally served upon the alleged
				perpetrator.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0110 - What laws and rules will control the administrative hearings held regarding initial substantiated findings?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Chapters 34.05 and 74.34 RCW, chapters 388-02 and 10-08 WAC, and this chapter
				govern an administrative hearing regarding an initial substantiated
				finding.
(2) In the event of a
				conflict between this chapter and chapter 388-02 or 10-08 WAC, this chapter
				will prevail; and in the event of a conflict between chapter 388-02 and 10-08
				WAC, chapter 388-02 WAC will prevail.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0120 - What additional rules apply to administrative hearings regarding initial substantiated findings of abuse, neglect, or misappropriation of resident property, where the alleged perpetrator is an individual used by a nursing facility or skilled nursing facility to provide services to residents of that facility?

Current through Register Vol. 24-14, July 15, 2024
(1) This section
				applies to the administrative hearing when an initial substantiated finding of
				abuse, neglect, or misappropriation of resident property is made against an
				individual used by a nursing facility or skilled nursing facility to provide
				services to residents of that facility.
(2) The hearing and the hearing record must
				be completed within one hundred and twenty days from the day the office of
				administrative hearings received the request for a hearing under WAC
				388-103-0100.
(a) If the administrative law
				judge (ALJ) finds that extenuating circumstances exist that will make it
				impossible to render a decision within one hundred and twenty days, then the
				ALJ may extend the limit by a maximum of sixty days.
(b) The individual must be available for the
				hearing and other preliminary matters.
(c) If the individual is a nursing assistant,
				and if the hearing and hearing record cannot be completed within the time limit
				because of the unavailability of the nursing assistant, then, after the time
				limit has expired, the nursing assistant's name will be placed on the
				vulnerable adult abuse registry pending the outcome of the hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0130 - How is confidential information protected in the administrative hearing process?

Current through Register Vol. 24-14, July 15, 2024
(1) All
				information described under
				RCW
				74.34.095(1) is
				confidential, and not subject to disclosure in the administrative hearing
				process, except as described under
				RCW
				74.34.095(3) and this
				section.
(2) If the administrative
				law judge (ALJ) determines that disclosure is essential to the administration
				of justice and will not endanger the life or safety of the alleged victim or
				the person who made the report, then the ALJ may order disclosure of the
				information otherwise protected under
				RCW
				74.34.095
(3) Such disclosure may only be made under a
				protective order agreed to by the parties and entered by the ALJ. The ALJ may
				place restrictions on such disclosure as the ALJ deems proper.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0140 - How does the administrative law judge make a decision regarding the initial substantiated finding?

Current through Register Vol. 24-14, July 15, 2024
(1)
				If the administrative law judge (ALJ) finds that the preponderance of the
				evidence supports the initial substantiated finding, the ALJ shall uphold the
				initial substantiated finding in an initial order.
(2) If the ALJ finds that the initial
				substantiated finding is not supported by a preponderance of the evidence, the
				ALJ shall remand the matter to the department to modify the finding consistent
				with the initial order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0150 - What if the alleged perpetrator or the department disagrees with the administrative law judge's initial order?

Current through Register Vol. 24-14, July 15, 2024
(1)
				If the alleged perpetrator or the department disagrees with the administrative
				law judge's (ALJ's) initial order, either party may request review of the
				initial order with the department's board of appeals as described under chapter
				388-02 WAC.
(2) If either party
				requests review of the ALJ's initial order, the initial order will not be
				effected.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0160 - When does the initial substantiated finding become a final substantiated finding?

Current through Register Vol. 24-14, July 15, 2024
(1) An initial
				substantiated finding becomes a final substantiated finding when:
(a) The department gives the alleged
				perpetrator notice of the initial substantiated finding as described under WAC
				388-103-0050, and the alleged perpetrator does not request an administrative
				hearing under WAC 388-103-0100;
(b)
				The administrative law judge (ALJ) dismisses the alleged perpetrator's request
				for hearing;
(c) The ALJ issues an
				initial order upholding the initial substantiated finding and the order becomes
				a final order under WAC
				388-02-0525;
				or
(d) The department's board of
				appeals enters a final order upholding the initial substantiated
				finding.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0170 - What happens when an initial substantiated finding becomes a final substantiated finding?

Current through Register Vol. 24-14, July 15, 2024
When an initial substantiated finding becomes a final
				  substantiated finding, identifying information about the perpetrator of the
				  abandonment, abuse, financial exploitation, misappropriation of resident
				  property, or neglect is placed on the vulnerable adult abuse registry that is
				  maintained by the department.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0180 - Is a final substantiated finding permanent?

Current through Register Vol. 24-14, July 15, 2024
(1) A final substantiated finding is
				permanent, except as described under subsection (2) of this section.
(2) A final substantiated finding may be
				reversed, and the person's identifying information removed from the vulnerable
				adult abuse registry, if:
(a) The department
				determines the final substantiated finding was made in error;
(b) The final substantiated finding is
				reversed or otherwise overturned upon judicial review; or
(c) The department is notified that a person
				with a final substantiated finding is deceased.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0190 - Will adult protective services notify anyone other than the alleged perpetrator of the final substantiated finding?

Current through Register Vol. 24-14, July 15, 2024
(1) Adult protective services (APS) may
				provide notice of the final substantiated finding to those persons and entities
				described under WAC 388-1030080.
(2) Where the perpetrator of a final
				substantiated finding is an individual used by a nursing home to provide
				services to residents of such nursing home, APS will notify the following on or
				before the tenth working day of the final substantiated finding:
(a) The perpetrator;
(b) The current administrator of the nursing
				home in which the incident occurred;
(c) The administrator of the nursing home in
				which the perpetrator is currently employed, if known by APS and if different
				than the nursing home in which the incident occurred; and
(d) The Washington state department of
				health.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0200 - Does the department disclose information contained in the vulnerable adult abuse registry about final substantiated findings of abandonment, abuse, financial exploitation, misappropriation of resident property, and neglect?

Current through Register Vol. 24-14, July 15, 2024
Upon request of any person, the department shall disclose the
				  identity of a person on the vulnerable adult abuse registry with a final
				  substantiated finding of abandonment, abuse, financial exploitation,
				  misappropriation of resident property, or neglect.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-103 - Adult protective services › Section 388-103-0210 - May a nursing assistant petition the department to have their name removed from the vulnerable adult abuse registry?

Current through Register Vol. 24-14, July 15, 2024
(1) This section implements
				42 U.S.C. Sec.
				1396r(g)(1)(D) and Sec.
				1395i-3(g)(1)(D)
				regarding a singular occurrence of neglect in a nursing facility or skilled
				nursing facility.
(2) A nursing
				assistant may petition the department to have their name removed from the
				vulnerable adult abuse registry, subject to the requirements of this
				section.
(3) Preliminary
				requirements for the department to accept a petition:
(a) At least one year must have elapsed
				between the date of the final substantiated finding and the date the department
				receives the petition;
(b) The
				final substantiated finding was a singular occurrence of neglect;
(c) The singular occurrence of neglect
				occurred in a nursing facility or skilled nursing facility; and
(d) The petition must be in writing and
				contain the following information:
(i) About
				the petitioner:
(A) Name;
(B) Date of birth;
(C) Social security number;
(D) Mailing address; and
(E) Phone number;
(ii) The final substantiated
				finding;
(iii) All documents
				regarding any disciplinary action, or any other negative action, taken against
				the petitioner under chapter 18.88A RCW;
(iv) A background check through the
				Washington state patrol that was completed no earlier than 30 days prior to the
				date the department accepts the petition;
(v) An affidavit stating why the petitioner
				believes the department should grant the petition. The statement must include
				whether the petitioner has abused or neglected a vulnerable adult since the
				final substantiated finding was entered;
(vi) A list of three references for the
				department to contact regarding the petitioner's employment and personal
				history, where two references must be professional references; and
(vii) Any other relevant information the
				petitioner wants the department to consider.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-105 - Medicaid rates for contracted home and community residential care services › Section 388-105-0005 - The daily medicaid payment rates for clients who have been assessed using the CARE tool and reside at an AFH or assisted living facility contracted to provide assisted living, adult residential care, or enhanced adult residential care services

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 74.39A.030(3)(a). 13-03-093,
					 § 388-105-0005, filed 1/15/13, effective 2/15/13. Statutory Authority: RCW
					 74.34 RCW based on
					 2011 1st sp.s. c
					 7 . WSR 12-02-050, § 388-105-0005, filed
					 12/30/11, effective 1/30/12. Statutory Authority:
					 RCW
					 74.39A.030(3) and 2010 c
					 37§ 206(19)(a). 10-21-035, § 388-105-0005, filed 10/12/10, effective
					 10/29/10. Statutory Authority:
					 RCW
					 74.39A.030(3),
					 18.20.290, and
					 2009 c
					 564
											§
												206(4). 09-20-011, § 388-105-0005, filed
					 9/25/09, effective 10/26/09. Statutory Authority:
					 RCW
					 74.39A.030(3)(a). 09-11-053,
					 § 388-105-0005, filed 5/13/09, effective 6/13/09. Statutory Authority:
					 Chapter 74.39A RCW,
					 RCW
					 18.20.290, 2006 c 372, 260, and 64. WSR
					 06-19-017, § 388-105-0005, filed 9/8/06, effective 10/9/06. Statutory
					 Authority: Chapter 74.39A RCW. WSR 06-07-013, § 388-105-0005, filed
					 3/3/06, effective 4/3/06. Statutory Authority:
					 RCW
					 74.39A.030, 2003 c 231. WSR 04-09-092, §
					 388-105-0005, filed 4/20/04, effective 5/21/04. Statutory Authority: 2002 c
					 371. WSR 02-22-058, § 388-105-0005, filed 10/31/02, effective 12/1/02.
					 Statutory Authority: 2001 c 7 § 206. WSR 01-21-077, § 388-105-0005,
					 filed 10/18/01, effective 11/18/01. Statutory Authority: Chapter 74.39A RCW.
					 WSR 01-14-056, § 388-105-0005, filed 6/29/01, effective
					 7/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-105 - Medicaid rates for contracted home and community residential care services › Section 388-105-0035 - Requirements for a capital add-on rate for licensed boarding homes contracted to provide assisted living (AL) services

Current through Register Vol. 24-14, July 15, 2024
(1) To the extent funds are appropriated to
				pay a capital add-on rate to AL contractors, beginning July 1, 2006 and every
				July 1 thereafter, the department will pay a capital add-on rate to AL
				contractors that have a medicaid occupancy percentage that equals or exceeds
				sixty percent as determined in accordance with subsection (2) and (3) of this
				section. The department will pay the capital add-on rate to those AL
				contractors meeting the sixty percent medicaid occupancy percentage for a full
				fiscal year i.e., July 1 through June 30.
(2) The department will determine an AL
				contractor's medicaid occupancy percentage by dividing its medicaid resident
				days from the last six months of the calendar year preceding the applicable
				July 1 rate effective date by the product of the weighted average for all its
				licensed boarding home beds irrespective of use times the calendar days (one
				hundred eighty-four) for the same six-month period.
(3) For the purposes of this section,
				medicaid resident days include those clients enrolled in medicaid managed
				long-term care programs, including but not limited to the program for all
				inclusive care (PACE) and medicaid/medicare integration project
				(MMIP).
Statutory Authority: Chapter 74.39A RCW,
					 RCW
					 18.20.290, 2006 c 372, 260, and 64.
					 06-19-017, § 388-105-0035, filed 9/8/06, effective 10/9/06. Statutory
					 Authority: Chapter 74.39A RCW. 06-07-012, § 388-105-0035, filed 3/3/06,
					 effective 4/3/06. Statutory Authority: 2002 c 371. 02-22-058, §
					 388-105-0035, filed 10/31/02, effective
					 12/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-105 - Medicaid rates for contracted home and community residential care services › Section 388-105-0045 - Bed or unit hold-medicaid residents at an ESF, AFH, ARC, EARC, or AL who need short-term care at a nursing home or hospital

Current through Register Vol. 24-14, July 15, 2024
(1) An enhanced services facility (ESF) that
				contracts to provide services under chapter 70.97 RCW and an adult family home
				(AFH) or assisted living facilities contracted to provide adult residential
				care (ARC), enhanced adult residential care (EARC), or assisted living services
				(AL) under chapter 74.39A RCW, must hold a medicaid eligible resident's bed or
				unit if:
(a) The medicaid resident needs
				short-term care in a nursing home or hospital;
(b) The medicaid resident is likely to return
				to the ESF, AFH, ARC, EARC, or AL; and
(c) The department pays the ESF, AFH, ARC,
				EARC, or AL as set forth under subsection (3), (4), or (5) of this
				section.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-105 - Medicaid rates for contracted home and community residential care services › Section 388-105-0050 - Supplementation - General requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
				Supplementation of the medicaid daily payment rate is an additional payment
				requested from a medicaid recipient or a third-party payer by an adult family
				home (AFH) contractor or a licensed boarding home contractor with a contract to
				provide adult residential care (ARC), enhanced adult residential care (EARC),
				or assisted living (AL) services.
(2) The AFH, ARC, EARC, or AL contractor may
				not request supplemental payment of a medicaid recipient's daily rate for
				services or items that are covered in the daily rate, and the contractor is
				required to provide:
(a) Under licensing
				chapters 388-76 or [388-]78A WAC and chapter 388-110 WAC; and/or
(b) In accordance with his or her contract
				with the department.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-105 - Medicaid rates for contracted home and community residential care services › Section 388-105-0055 - Supplementation - Unit or bedroom

Current through Register Vol. 24-14, July 15, 2024
When the AFH, ARC, EARC, or AL contractor only has one type
				  of unit or all private bedrooms, the contractor may not request supplementation
				  from the medicaid applicant/resident or a third party, unless the unit or
				  private bedroom has an amenity that some or all of the other units or private
				  bedrooms lack e.g., a bathroom in private bedroom, a view unit,
				  etc.
Statutory Authority:
					 RCW
					 74.39A.901. 07-04-042, § 388-105-0055,
					 filed 1/30/07, effective 3/2/07.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › SCOPE AND DEFINITIONS › Section 388-106-0005 - What is the purpose and scope of this chapter?

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to applicants and recipients of
					 long-term care services.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-106-0005, filed 5/17/05, effective
						6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › APPLYING FOR SERVICES › Section 388-106-0020 - Under the MPC, CFC, COPES, and chore programs, what services are not covered?

Current through Register Vol. 24-14, July 15, 2024
The following types of services are not covered under MPC,
					 CFC, COPES, and chore:
(1)Child
				  care.
(2)Individual providers must
				  not provide:
(a) Sterile procedures unless the
				  provider is a family member or the client self directs the procedure;
(b)Administration of medications or other
				  tasks requiring a licensed health professional unless these tasks are provided
				  through nurse delegation, self-directed care, or the provider is a family
				  member.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › APPLYING FOR SERVICES › Section 388-106-0025 - How do I apply for long-term care services?

Current through Register Vol. 24-14, July 15, 2024
To apply for long-term care services, you must request an
					 assessment from the department and submit a medicaid
					 application.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-106-0025, filed 5/17/05, effective
						6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › APPLYING FOR SERVICES › Section 388-106-0030 - Where can I receive services?

Current through Register Vol. 24-14, July 15, 2024
You may receive services:
(1) In your own home.
(2) In a residential facility, which includes
				  licensed:
(a) Adult family homes, as defined
				  in RCW 70.128.-010; and
(b)
				  Assisted living facilities. Types of licensed and contracted assisted living
				  facilities include:
(i) Assisted living
				  facilities, as defined in WAC
				  388-110-020;
(ii) Enhanced adult residential care
				  facilities, as defined in WAC
				  388-110-020;
(iii) Enhanced adult residential care
				  facilities-specialized dementia care, as defined in WAC
				  388-110-020; and
(iv) Adult residential care facilities, as
				  defined in WAC
				  388-110-020.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › APPLYING FOR SERVICES › Section 388-106-0033 - When may I receive services in a facility contracted to provide specialized dementia care services?

Current through Register Vol. 24-14, July 15, 2024
(1) You may be
				  eligible to receive services in a licensed assisted living facility that has
				  DSHS "enhanced adult residential care-specialized dementia care ("EARC-SDC"),"
				  which is defined in WAC
				  388-110-220.
				  You may be eligible to receive EARC-SDC services in a licensed assisted living
				  facility under the following circumstances:
(a) You are enrolled in CFC, as defined in
				  WAC
				  388-106-0015;
(b) 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);
(c) 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;
(d) The department has
				  authorized you to receive EARC-SDC services in the assisted living facility;
				  and
(e) You are assessed by the
				  comprehensive assessment reporting evaluation tool ("CARE") as having a
				  cognitive performance scale score of 3 or more; and any one or more of the
				  following:
(i) An unmet need for assistance
				  with the activity of daily living (ADL) of eating as defined in WAC
				  388-106-0010;
(ii) Inappropriate toileting menses
				  activities;
(iii) Rummages/takes
				  belongings of others;
(iv) Disrupts
				  household at night when others are sleeping and requires
				  intervention(s);
(v) Wanders/exit
				  seeking;
(vi) Wanders/not exit
				  seeking;
(vii) Left home and gotten
				  lost;
(viii) Inappropriate
				  spitting;
(ix) Inappropriate
				  nakedness;
(x) Eats nonedible
				  substances/objects (Pica)(per-sistent for at least a month);
(xi) Sexual acting out;
(xii) Delusions;
(xiii) Hallucinations;
(xiv) Assaultive (not during personal
				  care);
(xv) Breaks, throws
				  items;
(xvi) Combative during
				  personal care;
(xvii) Easily
				  irritable/agitated requiring intervention;
(xviii) Obsessive regarding own health or
				  body functions;
(xix) Repetitive
				  movement/pacing;
(xx) Unrealistic
				  fears or suspicions;
(xxi)
				  Nonhealth related repetitive anxious complaints/ questions;
(xxii) Resistive to care with words/gestures
				  (does not include informed choice);
(xxiii) Verbally abusive;
(xxiv) Yelling/screaming;
(xxv) Inappropriate verbal noises;
				  or
(xxvi) Accuses others of
				  stealing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › APPLYING FOR SERVICES › Section 388-106-0035 - May I receive personal care services through any of the long-term care programs when I am out of the state of Washington?

Current through Register Vol. 24-14, July 15, 2024
(1) You may receive personal care assistance
				  through any long-term care programs in WAC
				  388-106-0015
				  subsections (1) through (5) when temporarily traveling out of state for less
				  than thirty days, as long as your:
(a)
				  Individual provider is contracted with the state of Washington or an employee
				  of the consumer directed employer;
(b) Travel plans are coordinated with your
				  case manager prior to departure;
(c) Services are authorized on your plan of
				  care prior to departure; and
(d)
				  Services are strictly for your personal care and do not include your provider's
				  travel time, expenses.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › APPLYING FOR SERVICES › Section 388-106-0040 - Who can provide long-term care services?

Current through Register Vol. 24-14, July 15, 2024
The following types of providers can provide long-term care
					 services:
(1) Individual providers
				  (IPs), who provide services to clients in their own home.
(2) Home care agencies that provide services
				  to clients in their own home. Home care agencies must be licensed under chapter
				  70.127 RCW and chapter 246-335 WAC and contracted with the
				  department.
(3) Residential
				  providers, which include licensed adult family homes, enhanced services
				  facilities, and assisted living facilities, that contract with the department
				  to provide assisted living, adult residential care, and enhanced adult
				  residential care services (which may also include specialized dementia care).
(4) Providers who have contracted
				  with the department to perform other services.
(5) In the case of new freedom consumer
				  directed services (NFCDS), additional providers meeting NFCDS HCBS waiver
				  requirements contracting with a department approved provider of fiscal
				  management services.
Statutory Authority:
						RCW
						74.08.090 and
						74.09.520. WSR 13-18-039 and
						13-17-125, § 388-106-0040, filed 8/29/13 and 8/21/13, effective 10/1/13.
						Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						74.39A.030. WSR 06-16-035, §
						388-106-0040, filed 7/25/06, effective 8/25/06. Statutory Authority:
						RCW
						74.08.090,
						74.09.520. WSR 05-11-082, §
						388-106-0040, filed 5/17/05, effective 6/17/05. WSR 13-18-003, §
						388-106-0040, filed 8/21/2013, 2:11 p.m., effective
						9/21/2013
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › APPLYING FOR SERVICES › Section 388-106-0045 - When will the department authorize my long-term care services?

Current through Register Vol. 24-14, July 15, 2024
The department will authorize long-term care services when
					 you:
(1) Are assessed using
				  CARE;
(2) Are found financially and
				  functionally eligible for services including, if applicable, the determination
				  of the amount of participation toward the cost of your care and/or the amount
				  of room and board that you must pay;
(3) Have given consent for services and
				  approved your plan of care; and
(4)
				  Have chosen a provider(s), qualified for payment.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-106-0045, filed 5/17/05, effective
						6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › APPLYING FOR SERVICES › Section 388-106-0047 - When can the department terminate or deny long-term care services to me?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  will deny or terminate long-term care services if you are not eligible for
				  long-term care services pursuant to WAC
				  388-106-0210,
				  388-106-0277,
				  388-106-0310,
				  or
				  388-106-0610.
(2) The department may deny or terminate
				  long-term care services to you if, after exhaustion of standard case management
				  activities and the approaches delineated in the department's challenging cases
				  protocol, which must include an attempt to reasonably accommodate your
				  disability or disabilities, any of the following conditions exist:
(a) After a department representative reviews
				  with you your rights and responsibilities as a client of the department, per
				  WAC
				  388-106-1300
				  and
				  388-106-1303,
				  you refuse to accept those long-term care services identified in your plan of
				  care that are vital to your health, welfare or safety;
(b) You choose to receive services in your
				  own home and you or others in your home demonstrate behaviors that are
				  substantially likely to cause serious harm to you or your care
				  provider;
(c) You choose to receive
				  services in your own home and hazardous conditions in or immediately around
				  your home jeopardize the health, safety, or welfare of you or your provider.
				  Hazardous conditions include but are not limited to the following:
(i) Threatening, uncontrolled animals (e.g.,
				  dogs);
(ii) The manufacture, sale,
				  or use of illegal drugs;
(iii) The
				  presence of hazardous materials (e.g., exposed sewage, evidence of a
				  methamphetamine lab).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › COMPREHENSIVE ASSESSMENT REPORTING EVALUATION (CARE) ASSESSMENT › Section 388-106-0050 - What is an assessment?

Current through Register Vol. 24-14, July 15, 2024
(1) An
				  assessment is an in-person interview in your home, current residence, or
				  another location that is convenient to you that is conducted by the department,
				  to inventory and evaluate your ability to care for yourself. The department
				  will assess you at least every twelve months, or more often when there are
				  significant changes necessitating revisions to your CARE plan, or at your
				  request. If your assessment did not take place in the residence where you
				  receive services, the department must visit that residence to evaluate your
				  living situation and environment, for you to continue to receive
				  services.
(2) Between assessments,
				  the department may modify your current assessment without an in-person
				  interview in your home or place of residence. The reasons that the department
				  may modify your current assessment without conducting an in-person interview in
				  your home or place of residence include but are not limited to the following:
(a) Errors made by department staff in coding
				  the information from your in-person interview;
(b) New information requested by department
				  staff at the time of your assessment and received after completion of the
				  in-person interview (e.g. medical diagnosis);
(c) Changes in the level of informal support
				  available to you; or
(d)
				  Clarification of the coding selected.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › COMPREHENSIVE ASSESSMENT REPORTING EVALUATION (CARE) ASSESSMENT › Section 388-106-0055 - What is the purpose of an assessment?

Current through Register Vol. 24-14, July 15, 2024
The purpose of an assessment is to:
(1) Determine eligibility for long-term care
				  programs;
(2) Identify your
				  strengths, limitations, goals, and preferences;
(3) Evaluate your living situation and
				  environment;
(4) Evaluate your
				  physical health, functional, and cognitive abilities;
(5) Determine availability of informal
				  supports and other nondepartment paid resources;
(6) Determine need for
				  intervention;
(7) Determine need
				  for case management activities;
(8)
				  Determine your classification group that will set your payment rate for
				  residential care or number of hours of in-home care;
(9) Determine need for referrals;
				  and
(10) Develop a plan of care, as
				  defined in WAC
				  388-106-0010.
(11) In the case of New Freedom consumer
				  directed services, the purpose of an assessment is to determine functional
				  eligibility and for the participant to develop the New Freedom spending plan,
				  as defined in WAC
				  388-106-0010.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						74.39A.030. 06-16-035, §
						388-106-0055, filed 7/25/06, effective 8/25/06. Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-106-0055, filed 5/17/05, effective
						6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › COMPREHENSIVE ASSESSMENT REPORTING EVALUATION (CARE) ASSESSMENT › Section 388-106-0060 - Who must perform the assessment?

Current through Register Vol. 24-14, July 15, 2024
The assessment must be performed by the department.
					 Beginning January 1, 2008, individuals requesting personal care services will
					 be assessed as described in the following chart:
Age of person requesting an assessment for
								  personal care services
Has the person been determined to meet DDD
								  eligibility requirements?
Who will perform the assessment for personal care
								  services?
What assessment will be used?
Under eighteen years of age
Yes
DDD
CARE/DDD Assessment per chapter 388-828
								  WAC
Under eighteen years of age
No
DDD
CARE/LTC Assessment per chapter 388-106
								  WAC
Eighteen years of age and older
Yes
DDD
CARE/DDD Assessment per chapter 388-828
								  WAC
Eighteen years of age and older
No
HCS
CARE/LTC Assessment per chapter 388-106
								  WAC
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 07-24-026, §
						388-106-0060, filed 11/28/07, effective 1/1/08; 05-11-082, § 388-106-0060,
						filed 5/17/05, effective 6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › COMPREHENSIVE ASSESSMENT REPORTING EVALUATION (CARE) ASSESSMENT › Section 388-106-0065 - What is the process for conducting an assessment?

Current through Register Vol. 24-14, July 15, 2024
The department:
(1) Will assess you using a
				  department-prescribed assessment tool, titled the comprehensive assessment
				  reporting evaluation (CARE).
(2)
				  May request the assessment be conducted in private. However, you have the right
				  to request that third parties be present.
(3) Has the right to end the assessment if
				  behaviors by any party are impeding the assessment process. If an assessment is
				  terminated, the department will reschedule.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						74.39A.010 and
						74.39A.020. 06-05-022, §
						388-106-0065, filed 2/6/06, effective 3/9/06. Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-106-0065, filed 5/17/05, effective
						6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › COMPREHENSIVE ASSESSMENT REPORTING EVALUATION (CARE) ASSESSMENT › Section 388-106-0070 - Will I be assessed in CARE?

Current through Register Vol. 24-14, July 15, 2024
You will be assessed in CARE if you are applying for or
					 receiving DDA services, CFC, COPES, MPC, chore, respite, adult day health,
					 medical care services, PACE, private duty nursing, residential support, and new
					 freedom.
If you are under the age of eighteen and within thirty
					 calendar days of your next birthday, CARE determines your assessment age to be
					 that of your next birthday.
Statutory Authority:
						RCW
						74.08.090 and
						74.09.520. 12-16-026, §
						388-106-0070, filed 7/25/12, effective 8/25/12; 08-12-023, § 388-106-0070,
						filed 5/29/08, effective 7/1/08; 07-24-026, § 388-106-0070, filed
						11/28/07, effective 1/1/08; 07-10-024, § 388-106-0070, filed 4/23/07,
						effective 6/1/07; 05-11-082, § 388-106-0070, filed 5/17/05, effective
						6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › COMPREHENSIVE ASSESSMENT REPORTING EVALUATION (CARE) ASSESSMENT › Section 388-106-0075 - How is my need for personal care services assessed in CARE?

Current through Register Vol. 24-14, July 15, 2024
The department gathers information from you, your
					 caregivers, family members, and other sources to assess your abilities and how
					 you perform personal care tasks. The department will also consider
					 developmental milestones for children as defined in WAC
					 388-106-0130
					 when individually assessing your abilities and need for assistance. The
					 department will assess your ability to perform:
(1) Activities of daily living (ADL) using
				  self-performance, support provided, status, and assistance available, as
				  defined in WAC
				  388-106-0010.
				  Also, the department determines your need for "assistance with body care" and
				  "assistance with medication management," as defined in WAC
				  388-106-0010;
				  and
(2) Instrumental activities of
				  daily living (IADL) using self-performance , status, and assistance available,
				  as defined in WAC
				  388-106-0010.
Statutory Authority:
						RCW
						74.08.090 and
						74.09.520. 12-14-064, §
						388-106-0075, filed 6/29/12, effective 7/30/12; 05-11-082, § 388-106-0075,
						filed 5/17/05, effective 6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › CARE CLASSIFICATION › Section 388-106-0080 - How is the amount of long-term care services I can receive in my own home or in a residential facility determined?

Current through Register Vol. 24-14, July 15, 2024
The amount of long-term care services you can receive in
					 your own home or in a residential facility is determined through a
					 classification system. Seventeen classifications apply to clients served in
					 residential and in-home settings. The department has assigned each
					 classification a residential facility daily rate or a base number of hours you
					 can receive in your own home.
Statutory Authority: 2008 c 329. 08-19-102, §
						388-106-0080, filed 9/17/08, effective 10/18/08. Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-106-0080, filed 5/17/05, effective
						6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › CARE CLASSIFICATION › Section 388-106-0085 - What criteria does the CARE tool use to place me in one of the classification groups?

Current through Register Vol. 24-14, July 15, 2024
The department uses CARE to assess your characteristics.
					 Based on this assessment, the CARE tool uses the following criteria to place
					 you in one of the classification groups:
(1) Cognitive performance.
(2) Clinical complexity.
(3) Mood/behaviors symptoms.
(4) Activities of daily living
				  (ADLs).
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-106-0085, filed 5/17/05, effective
						6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › CARE CLASSIFICATION › Section 388-106-0090 - How does the CARE tool measure cognitive performance?

Current through Register Vol. 24-14, July 15, 2024
(1) The CARE tool uses a tool called the
				  cognitive performance scale (CPS) to evaluate your cognitive impairment. The
				  CPS results in a score that ranges from zero (intact) to six (very severe
				  impairment). Your CPS score is based on information given at your assessment
				  and documented in the CARE tool:
(a) Whether
				  you are comatose.
(b) Your ability
				  to make decisions, as defined in WAC
				  388-106-0010
				  " Decisions."
(c) Your ability to
				  make yourself understood, as defined in WAC
				  388-106-0010
				  "Ability to make self understood."
(d) Whether you have short-term memory
				  problem (e.g. can you remember recent events?) as determined by the following:
(i) Information given at your assessment and
				  documented in the CARE tool showed there is evidence that you have short-term
				  memory loss; or
(ii) You could not
				  recall at least one of the three words you were asked to recall during the mini
				  mental status exam completed during your assessment using the CARE tool;
				  and
(e) Whether you
				  score as total dependence for self-performance in eating, as defined in WAC
				  388-106-0010
				  "Self-performance of ADLs."
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › CARE CLASSIFICATION › Section 388-106-0105 - How does the CARE tool measure activities of daily living (ADLs)?

Current through Register Vol. 24-14, July 15, 2024
(1) CARE determines
				  an ADL score ranging from zero to twenty-eight for each of the following ADLs.
(a) Personal hygiene;
(b) Bed mobility;
(c) Transfers;
(d) Eating;
(e) Toilet use;
(f) Dressing;
(g) Locomotion in room;
(h) Locomotion outside room; and
(i) Walk in room.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › CARE CLASSIFICATION › Section 388-106-0110 - How does the CARE tool evaluate me for the exceptional care classification of the E Group?

Current through Register Vol. 24-14, July 15, 2024
CARE places you in the exceptional care E Group
					 classifications when the following criteria are met in either diagram 1 or
					 2:
Diagram 1
You have an ADL score of greater than or equal to
								  22.
AND
You need a turning/repositioning program.
AND
You need at least one of the following:
* External catheter;
* Intermittent catheter;
* Indwelling catheter care;
* Bowel program;
* Ostomy care; or
* Total in self performance for toilet
								  use.
AND
You need one of the following services provided
								  by an individual provider, agency provider, a private duty nurse, or through
								  self-directed care when in the in home setting, or provided by AFH/boarding
								  home staff, facility RN/LPN, facility staff or private duty nursing when living
								  in a residential setting:
* Active range of motion (AROM); or
* Passive range of motion (PROM).
Diagram 2
You have an ADL score of greater than or equal to
								  22.
AND
You need a turning/repositioning program.
AND
You need one of the following services provided
								  by an individual provider, agency provider, a private duty nurse, or through
								  self-directed care when in the in home setting, or provided by AFH/boarding
								  home staff, facility RN/LPN, facility staff or private duty nursing when living
								  in a residential setting:
* Active range of motion (AROM); or
* Passive range of motion (PROM).
AND
All of the following apply:
* You require IV nutrition support or tube
								  feeding;
* Your total calories received per IV or tube was
								  greater than 50%; and
* Your fluid intake by IV or tube is greater than
								  2 cups per day.
AND
You need assistance with one of the following,
								  provided by an individual provider, agency provider, a private duty nurse, or
								  through self-directed care when in the in home setting or provided by
								  AFH/boarding home staff, facility RN/LPN, facility staff, a private duty nurse
								  or nurse delegation when living in a residential setting:
* Dialysis; or
* Ventilator/respirator.
Statutory Authority: 2008 c 329. 08-19-102, §
						388-106-0110, filed 9/17/08, effective 10/18/08. Statutory Authority:
						RCW
						74.08.090,
						74.09.520, and 2007 c 522.
						08-10-022, § 388-106-0110, filed 4/25/08, effective 5/26/08. Statutory
						Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-106-0110, filed 5/17/05, effective
						6/17/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-106 - Long-term care services › CARE CLASSIFICATION › Section 388-106-0115 - How does CARE use criteria to place me in a classification group for residential facilities?

Current through Register Vol. 24-14, July 15, 2024
The CARE tool uses the criteria of cognitive performance as
					 determined under WAC
					 388-106-0090, clinical complexity
					 as determined under WAC
					 388-106-0095, mood/behaviors as
					 determined under WAC
					 388-106-0100, ADLs as determined
					 under WAC
					 388-106-0105 and exceptional care
					 under WAC
					 388-106-0110 to place you into
					 one of the following seventeen residential classification groups:
CARE classification is determined first by meeting criteria
					 to be placed into a group, then you are further classified based on ADL score
					 or behavior point score into a classification subgroup following a
					 classification path of highest possible group to lowest qualifying
					 group.
(1) If you meet the criteria
				  for exceptional care, then CARE will place you in Group E. CARE then further
				  classifies you into:
(a) Group E High if you
				  have an ADL score of 26-28; or
(b)
				  Group E Medium if you have an ADL score of 22-25.