DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER

388-71-0545 Under what conditions will the department/AAA deny payment to or terminate the contract of an individual provider, or deny payment to a home care agency provider? Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0545, filed 1/13/00, effective 2/13/00.  Repealed by 01-11-019, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095.

388-71-0550 Are there other conditions under which the department/AAA may deny payment, or deny or terminate a contract to an individual provider? Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0550, filed 1/13/00, effective 2/13/00.  Repealed by 01-11-019, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095.

388-71-0555 When can the department/AAA summarily suspend an individual provider's contract? Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0555, filed 1/13/00, effective 2/13/00.  Repealed by 01-11-019, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095.

WAC 388-71-0100 What are the statutory references for WAC 388-71-0100 through 388-71-0155? The statutory references for WAC 388-71-0100 through WAC 388-71-0155 are:
�� (1) Chapter 74.34 RCW;
�� (2) Chapter 74.39A. RCW; and
�� (3) Chapter 74.39 RCW.

[Statutory Authority: RCW 74.08.090, 74.34.165, and 74.39A.050(9). 00-03-029, � 388-71-0100, filed 1/11/00, effective 2/11/00.]

WAC 388-71-0105 What definitions apply to adult protective services and the personal aide registry? In addition to the definitions found in chapter 74.34 RCW, the following definitions apply:
�� "Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.
�� "Legal representative" means a guardian appointed under chapter 11.88 RCW or individual named in a durable power of attorney as the attorney-in-fact as defined under chapter 11.94 RCW.
�� "Person or entity with a duty of care" includes, but is not limited to, the following:
�� (1) A guardian appointed under chapter 11.88 RCW; or
�� (2) A person or entity providing the basic necessities of life to vulnerable adults where:
�� (a) The person or entity is employed by or on behalf of the vulnerable adult; or
�� (b) The person or entity voluntarily agrees to provide, or has been providing, the basic necessities of life to the vulnerable adult on a continuing basis.
�� "Personal aide" as found in RCW 74.39.007.
�� "Self-directed care" as found in RCW 74.39.007.

[Statutory Authority: RCW 74.08.090, 74.34.165, and 74.39A.050(9). 00-03-029, � 388-71-0105, filed 1/11/00, effective 2/11/00.]

WAC 388-71-0110 What is the purpose of an adult protective services investigation? The purpose of an adult protective services investigation is to:
�� (1) Determine if allegations of abandonment, abuse, financial exploitation, neglect, or self-neglect are valid.
�� (2) Provide protective services on valid reports with the consent of the vulnerable adult or his or her legal representative.
�� (3) Determine if other vulnerable adults are at risk of being harmed by individual who has abused, neglected, abandoned or financially exploited the vulnerable adult.
�� (4) Inform the program or facility providing care for the vulnerable adult that the reported incident of abandonment, abuse, financial exploitation, or neglect occurred. The information provided to the facility or program is required to be consistent with confidentiality requirements concerning the vulnerable adult, witnesses, and complainants.

[Statutory Authority: RCW 74.08.090, 74.34.165, and 74.39A.050(9). 00-03-029, � 388-71-0110, filed 1/11/00, effective 2/11/00.]

WAC 388-71-0115 When is an investigation conducted? The department determines when an investigation is required. The following criteria must be met:
�� (1) The reported circumstances fit the definition of abandonment, abuse, financial exploitation, neglect, or self-neglect found in chapter 74.34 RCW; and
�� (2) The victim is a vulnerable adult defined in chapter 74.34 RCW.

[Statutory Authority: RCW 74.08.090, 74.34.165, and 74.39A.050(9). 00-03-029, � 388-71-0115, filed 1/11/00, effective 2/11/00.]

WAC 388-71-0120 What adjunct services are provided? Chore personal care services and placement into a licensed and contracted adult family home or state funded adult residential care facility are provided without regard to income only:
�� (1) When the services are essential to, and a subordinate part of, the adult protective services plan; and
�� (2) For a period not to exceed ninety days during any twelve-month period of time.

[Statutory Authority: RCW 74.08.090, 74.34.165, and 74.39A.050(9). 00-03-029, � 388-71-0120, filed 1/11/00, effective 2/11/00.]

WAC 388-71-0150 When is the name of a personal aide placed on a registry? The name of a personal aide providing self-directed care for a vulnerable adult is placed on the registry when:
�� (1) An incident of abandonment, abuse, financial exploitation, or neglect of the vulnerable adult has been substantiated by the department; and
�� (2) The personal aide has either waived his or her right to a fair hearing or the hearing process results in upholding the finding of abandonment, abuse, financial exploitation, or neglect.

[Statutory Authority: RCW 74.08.090, 74.34.165, and 74.39A.050(9). 00-03-029, � 388-71-0150, filed 1/11/00, effective 2/11/00.]

WAC 388-71-0155 Prior to placing his or her name on the registry is the personal aide notified? The following information must be sent to the personal aide prior to placing his or her name on the registry:
�� (1) Nature and date of the alleged abandonment, abuse, financial exploitation, or neglect.
�� (2) Right to a fair hearing, as described in chapters 34.05 RCW and 388-08 WAC.
�� (3) Intent to place identifying information about the personal care aide on a registry.
�� (4) That the personal aide's failure to request a fair hearing within thirty days will result in his or her name being placed on the registry.
�� (5) That the name of the personal aide will be placed on the registry if the hearing process results in upholding the department's finding of abandonment, abuse, financial exploitation, or neglect.
�� (6) That the personal aide has a right to be represented at a fair hearing at his or her own expense.
�� (7) That, upon request of any person, the department will disclose the substantiated finding of abandonment, abuse, financial exploitation, or neglect and the identifying information regarding a personal aide whose name appears on a registry.

[Statutory Authority: RCW 74.08.090, 74.34.165, and 74.39A.050(9). 00-03-029, � 388-71-0155, filed 1/11/00, effective 2/11/00.]

WAC 388-71-0400 What is the intent of the department's home and community programs? The department offers home and community programs (HCP) as an alternative to nursing facility care so that eligible persons may remain in, or return to, their own homes or community residences with the provision of supportive services. Some of these services may be administered by home and community services (HCS), division of developmental disabilities (DDD), area agency on aging (AAA) or division of children and family services (DCFS).

[Statutory Authority: 74.39A.130, 74.09.520, 74.08.090. 00-04-056, � 388-71-0400, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0405 What are the home and community programs? The HCP are in-home and community residential services funded by:
�� (1) Community options program entry system (COPES), codified under subsection 1915(c) of the Social Security Act and 42 C.F.R. 441.300 and 310.
�� (2) Medicaid personal care services (MPC), found under RCW 74.09.520 and in the Medicaid state plan.
�� (3) Chore personal care services, a state-only funded program authorized under RCW 74.08.090, 74.09.520, and 74.08.570.

[Statutory Authority: RCW 74.09.520, 74.08.090, 74.39A.130. 00-04-056, � 388-71-0405, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0410 What services may I receive under HCP? You may receive the following HCP services:
�� (1) Assistance with personal care tasks and household tasks in your own home, as defined in 388-15-202(38); and
�� (2) Assistance with personal care tasks and household tasks in a residential setting, as described in WAC 388-71-0600. Note: Household tasks are included as part of the board and room rate. You may receive, under MPC:
�� (a) Up to thirty hours of personal care services in an adult residential care facility; or
�� (b) Up to sixty hours of personal care services in an adult family home.

[Statutory Authority: RCW 74.08.090, 74.39.010, 74.09.520. 00-04-056, � 388-71-0410, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0415 What other services may I receive under the COPES program? In addition to the services listed in WAC 388-71-0410, you may be eligible for other services under the COPES program. You may be eligible to receive:
�� (1) Adult day services, in an adult day care or adult day health center if you:
�� (a) Are ineligible for Medicaid state plan covered adult day health services;
�� (b) Are chronically ill or disabled, socially isolated and/or confused or have mild to moderate dementia; and
�� (c) Meet eligibility requirements for adult day services as required in:
�� (i) WAC 388-15-652, Eligibility for adult day care; or
�� (ii) WAC 388-15-653, Eligibility for adult day health.
�� (2) Environmental modifications, if the minor physical adaptations to your home:
�� (a) Are necessary to ensure your health, welfare and safety;
�� (b) Enable you to function with greater independence in the home;
�� (c) Directly benefit you medically or remedially;
�� (d) Meet applicable state or local codes.
�� (3) Home delivered meals, limited to one meal per day, if:
�� (a) You are homebound;
�� (b) You are unable to prepare the meal;
�� (c) You don't have a caregiver (paid or unpaid) available to prepare this meal; and
�� (d) Receiving this meal is more cost-effective than having a paid caregiver.
�� (4) Home health aide service tasks, if the service tasks:
�� (a) Include assistance with ambulation, exercise, self-administered medications and hands on personal care;
�� (b) Are beyond the amount, duration or scope of Medicaid reimbursed home health services (WAC 388-551-2100) and are in addition to those available services; and
�� (c) Are health-related. Note: Incidental services such as meal preparation may be performed in conjunction with a health-related task as long as it is not the sole purpose of the aide's visit.
�� (5) Personal emergency response system (PERS), if the service is necessary to enable you to secure help in the event of an emergency and if you:
�� (a) Live alone; or
�� (b) Are alone for significant parts of the day and have no regular provider for extended periods of time.
�� (6) Skilled nursing, if the service is:
�� (a) Provided by a registered nurse or licensed practical nurse under the supervision of a registered nurse; and
�� (b) Beyond the amount, duration or scope of Medicaid-reimbursed home health services as provided under WAC 388-551-2100.
�� (7) Specialized medical equipment and supplies, if the items are:
�� (a) Necessary for life support;
�� (b) Necessary to increase your ability to perform activities of daily living; or
�� (c) Necessary for you to perceive, control, or communicate with the environment in which you live; and
�� (d) Directly medically or remedially beneficial to you; and
�� (e) In addition to any medical equipment and supplies provided under the state plan.
�� (8) Training, if you need to meet a therapeutic goal such as:
�� (a) Adjusting to a serious impairment;
�� (b) Managing personal care needs; or
�� (c) Developing necessary skills to deal with care providers.
�� (9) Transportation services, if the service:
�� (a) Provides the client access to community services and resources provided in accordance with a therapeutic goal;
�� (b) Is not merely diversional in nature;
�� (c) Is in addition to Medicaid brokered transportation to medical services; and
�� (d) Does not replace the Medicaid-brokered transportation.

[Statutory Authority: RCW 74.08.090, 74.39.020. 00-04-056, � 388-71-0415, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0420 What services are not covered under HCP? HCP does not cover the following services:
�� (1) For chore personal care and MPC:
�� (a) Teaching, including teaching how to perform personal care tasks;
�� (b) Development of social, behavioral, recreational, communication, or other types of community living skills;
�� (c) Nursing care.
�� (2) Services provided outside of your residence, unless they are authorized in your written service plan.
�� (3) Child care;
�� (4) Sterile procedures, administration of medications, or other tasks requiring a licensed health professional, unless authorized as an approved nursing delegation task, client self-directed care task, or provided by a family member;
�� (5) Services provided over the telephone;
�� (6) Services provided outside the state of Washington if COPES or chore personal care;
�� (7) Services to assist other household members not eligible for services;
�� (8) Yard care.

[Statutory Authority: RCW 74.09.520, 74.08.090, 74.39A.130. 00-04-056, � 388-71-0420, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0425 Who can provide HCP services? The following types of providers may provide COPES, MPC, or chore services:
�� (1) Individual in-home providers, who must meet the requirements outlined in WAC 388-71-0500 through 388-71-0580;
�� (2) Home care agencies, which must be licensed under chapters 70.127 RCW and 246-336 WAC, or home health agencies, licensed under chapters 70.127 RCW and 246-327 WAC;
�� (3) Licensed adult family home and boarding home providers who are contracted with DSHS (see WAC 388-71-0600); and
�� (4) Service providers who have contracted with the AAA to perform COPES services listed in WAC 388-71-0415.

[Statutory Authority: 1999 c 175, chapters 70.126, 70.127 RCW, RCW 74.08.044. 00-04-056, � 388-71-0425, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0430 Am I eligible for one of the HCP programs? You are eligible to receive HCP services if you meet the functional and financial eligibility requirements in WAC 388-71-0435 for COPES, WAC 388-71-0440 for MPC, or WAC 388-71-0445 for Chore. Your eligibility begins upon the date of the department's service authorization.

[Statutory Authority: RCW 74.39A.030. 00-13-077, � 388-71-0430, filed 6/19/00, effective 7/20/00. Statutory Authority: RCW 74.39.010, 74.08.090, 74.39A.110, 74.09.520. 00-04-056, � 388-71-0430, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0435 Am I eligible for COPES-funded services? You are eligible for COPES-funded services if you meet all of the following criteria. The department or its designee must assess your needs and determine that:
�� (1) You are age:
�� (a) Eighteen or older and blind or disabled, as defined in WAC 388-511-1105; or
�� (b) Sixty-five or older.
�� (2) You meet financial eligibility requirements. This means the department will assess your finances and determine if your income and resources fall within the limits set in WAC 388-515-1505, Community options program entry system (COPES).
�� (3) You:
�� (a) Are not eligible for Medicaid personal care services; or
�� (b) Are eligible for Medicaid personal care services, but the department determines that the amount, duration, or scope of your needs is beyond what Medicaid personal care can provide.
�� (4) Your comprehensive assessment shows you need the level of care provided in a nursing facility (or will likely need the level of care within thirty days unless COPES services are provided) which means one of the following applies. You:
�� (a) Require care provided by or under the supervision of a registered nurse or a licensed practical nurse on a daily basis;
�� (b) Have an unmet need requiring substantial or total assistance with at least two or more of the following activities of daily living (ADLS) as defined in WAC 388-15-202 and 388-15-203:
�� (i) Eating,
�� (ii) Toileting,
�� (iii) Ambulation,
�� (iv) Transfer,
�� (v) Positioning,
�� (vi) Bathing, and
�� (vii) Self-medication.
�� (c) Have an unmet need requiring minimal, substantial or total assistance in three or more of the ADLS listed in subsection (4)(b)(i) through (vii) of this section; or
�� (d) Have:
�� (i) A cognitive impairment and require supervision due to one or more of the following: disorientation, memory impairment, impaired judgment, or wandering; and
�� (ii) An unmet need requiring substantial or total assistance with one or more of the ADLS listed in subsection (4)(b)(i) through (vii) of this section.
�� (5) You have a completed service plan, per WAC 388-15-205.

[Statutory Authority: RCW 74.39A.030. 00-13-077, � 388-71-0435, filed 6/19/00, effective 7/20/00.]

WAC 388-71-0440 Am I eligible for MPC-funded services? To be eligible for MPC-funded services you must:
�� (1) Have unmet need for assistance with at least one unmet direct personal care task listed in WAC 388-15-202(17); and
�� (2) Be certified as Title 19 categorically needy, as defined in WAC 388-500-0005.
�� (3) Be assessed by department staff or designee using a department approved comprehensive assessment and have a determination of unmet needs for HCP services.

[Statutory Authority: RCW 74.09.520. 00-04-056, � 388-71-0440, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0445 Am I eligible for Chore-funded services? To be eligible for Chore-funded services, you must:
�� (1) Be eighteen years of age or older;
�� (2) Require assistance with at least one of the direct personal care tasks listed in WAC 388-15-202(17);
�� (3) Not be eligible for MPC or COPES, Medicare home health or other programs if these programs can meet your needs;
�� (4) Have net household income (as described in WAC 388-450-0005, 388-450-0020, 388-450-0040, and 388-511-1130) not exceeding:
�� (a) The sum of the cost of your chore services, and
�� (b) One-hundred percent of the FPL adjusted for family size.
�� (5) Have resources, as described in chapter 388-470 WAC, which does not exceed ten thousand dollars for a one-person family or fifteen thousand dollars for a two-person family. (Note: One thousand dollars for each additional family member may be added to these limits.)
�� (6) Not transfer assets on or after November 1, 1995 for less than fair market value as described in WAC 388-513-1365.

[Statutory Authority: 74.39A.110, 74.39A.150. 01-02-051, � 388-71-0445, filed 12/28/00, effective 1/28/01. Statutory Authority: RCW 74.09.520, 74.09.530, 74.39A.110, [74.39A.120,[74.39A.130 , and 1998 c 346 � 205 (1)(c), and RCW 74.39A.030. 00-18-099, � 388-71-0445, filed 9/5/00, effective 10/6/00. Statutory Authority: RCW 74.39A.110, 74.39A.150. 00-04-056, � 388-71-0445, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0450 How do I remain eligible for services? In order to remain eligible for services, you must have and be found still in need of HCP services through a reassessment. The reassessment must be conducted:
�� (1) Face-to-face.
�� (2) In your own home. Note: A case manager may request the interview be conducted in private.
�� (3) At least annually or more often if your functional, financial, or other significant circumstances change.

[Statutory Authority: 42 C.F.R. 441.302, RCW 74.09.520. 00-04-056, � 388-71-0450, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0455 Can my services be terminated if eligibility requirements for HCP change? The department has the right to terminate your services if eligibility requirements for HCP change.

[Statutory Authority: RCW 74.09.510, 74.09.520. 00-04-056, � 388-71-0455, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0460 Are there limitations to HCP services I can receive? The following are limitations to HCP services you can receive:
�� (1) HCP services may not replace other available resources, both paid and unpaid.
�� (2) AASA published rates and program rules establish your total hours and how much the department pays toward the cost of your services.
�� (3) The department will adjust payments to a personal care provider who is doing household tasks at the same time (e.g., essential shopping, meal preparation, laundry, and supervision due to impaired judgement) for:
�� (a) More than one client living in the same household; or
�� (b) A client in a shared living arrangement (MPC).

[Statutory Authority: RCW 74.09.520. 00-04-056, � 388-71-0460, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0465 Are there waiting lists for HCP services? If you are receiving:
�� (1) COPES services, a waiting list may be created if:
�� (a) The caseload or expenditures exceed the legislative funding, or
�� (b) HCFA or the legislature imposes caseload limits.
�� (2) Chore services, a waiting list may be created to maintain the monthly expenditures within the legislative appropriation. You receive priority if you:
�� (a) Have received chore as of June 30, 1995; or
�� (b) Need chore:
�� (i) To return to the community from a nursing home,
�� (ii) To prevent unnecessary nursing home placement, or
�� (iii) For protection based on referral from an APS investigation.
�� (3) MPC, there is no waiting list. Note: Instead of waiting lists, the department may be required to revise HCP rules to reduce caseload size, hours, rates, or payments in order to stay within the legislative appropriation.

[Statutory Authority: RCW 74.39.010, 74.39A.120. 00-04-056, � 388-71-0465, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0470 Who pays for HCP services? Depending on your income and resources, you may be required to pay participation toward the cost of your care. The department determines exactly what amount, if any, you pay. If you are receiving:
�� (1) COPES in-home or residential,
�� (a) You participate income per rules in WAC 388-515-1505;
�� (b) If you have nonexempt income that exceeds the cost of COPES services, you may retain the difference.
�� (2) MPC in-home services, you do not participate toward the cost of your personal care services.
�� (3) MPC services in a residential setting and you are:
�� (a) An SSI beneficiary who receives only SSI income, you only pay for board and room. You are allowed to keep a personal allowance of at least thirty-eight dollars and eighty-four cents.
�� (b) An SSI beneficiary who receives SSI and SSA benefits, you only pay for board and room. You are allowed to keep a personal allowance of at least fifty-eight dollars and eighty-four cents.
�� (c) An SSI-related person per WAC 388-511-1105, you may be required to participate towards the cost of your personal care services in addition to your board and room if your financial eligibility is based on the facility's state contracted rate plus add-on hours. You will receive a personal allowance of fifty-eight dollars and eighty-four cents.
�� (d) A GA-X client in a residential care facility, you are allowed to keep a personal allowance of thirty-eight dollars and eighty-four cents only. The remainder of your grant must be paid to the facility.
�� (4) Chore services, you may retain an amount equal to one hundred percent of the federal poverty level, adjusted for family size, as the home maintenance allowance and pay the difference between the FPL and your nonexempt income. Exempt income includes:
�� (a) Income listed in WAC 388-513-1340;
�� (b) Spousal income allocated and actually paid as participation in the cost of the spouse's community options program entry system (COPES) services;
�� (c) Amounts paid for medical expenses not subject to third party payment;
�� (d) Health insurance premiums, coinsurance or deductible charges; and
�� (e) If applicable, those work expense deductions listed as WAC 388-71-480(2).

[Statutory Authority: RCW 74.09.520, 74.09.530, 74.39A.110,[74.39A.120 , [74.39A.130, and 1998 c 346 � 205 (1)(c), and RCW 74.39A.030. 00-18-099, � 388-71-0470, filed 9/5/00, effective 10/6/00. Statutory Authority: RCW 74.39A.120, 74.39.010, 74.39.020. 00-04-056, � 388-71-0470, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0475 What is the maximum amount that the department pays per month for your COPES care? Total expenditures are limited to the department's published rates and authorized payments. These costs are not to exceed ninety percent of the statewide average monthly Medicaid nursing home reimbursement rate. The total cost of care includes the COPES maintenance allowance as well as all Medicaid costs associated with the COPES individual's paid services including but not limited to the following list of services:
�� (1) Personal care,
�� (2) Residential care services,
�� (3) Adult day care,
�� (4) Adult day health,
�� (5) Environmental modifications,
�� (6) Home delivered meals,
�� (7) Home health aide visits,
�� (8) Personal emergency response,
�� (9) Skilled nursing visits,
�� (10) Specialized medical equipment and supplies,
�� (11) Adult companion services,
�� (12) Client training,
�� (13) Transportation services,
�� (14) Hospitalization, and
�� (15) Nursing facility care.

[Statutory Authority: RCW 74.08.090. 00-04-056, � 388-71-0475, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0480 If I am employed, can I still receive HCP services? If you are disabled, as determined under WAC 388-511-1105, you may be employed and still be eligible to receive HCP services.
�� (1) If you remain Medicaid eligible under the categorically needy program, you are financially eligible for MPC services.
�� (2) If you are not Medicaid eligible due to your earned income and resources, you may be eligible to receive chore personal care services.
�� (a) You may be required to pay participation per WAC 388-71-0470(4) for any earned income above one hundred percent of the federal poverty level.
�� (b) The department will exempt fifty percent of your earned income after work expense deductions. Work expense deductions are:
�� (i) Personal work expenses in the form of self-employment taxes (FICA); and income taxes when paid;
�� (ii) Payroll deductions required by law or as a condition of employment in the amounts actually withheld;
�� (iii) The necessary cost of transportation to and from the place of employment by the most economical means, except rental cars;
�� (iv) Expenses necessary for continued employment such as tools, materials, union dues, transportation to service customers is not furnished by the employer; and
�� (v) Uniforms needed on the job and not suitable for wear away from the job.

[Statutory Authority: RCW 74.09.520, 74.09.530, 74.39A.110,[74.39A.120 , [74.39A.130, and 1998 c 346 � 205 (1)(c), and RCW 74.39A.030. 00-18-099, � 388-71-0480, filed 9/5/00, effective 10/6/00. Statutory Authority: RCW 74.39A.140, 74.39A.150. 00-04-056, � 388-71-0480, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0500 What is the purpose of WAC 388-71-0500 through 388-71-0580? A client/legal representative may choose an individual provider or a home care agency provider. The intent of WAC 388-71-0500 through 388-71-0580 is to describe the:
�� (1) Qualifications of an individual provider, as defined in WAC 388-15-202 (25) and (26);
�� (2) Qualifications of a home care agency provider, as defined in WAC 388-15-202(2) and chapter 246-336 WAC;
�� (3) Conditions under which the department or the area agency on aging (AAA) will pay for the services of an individual provider or a home care agency provider.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0500, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0500, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0505 How does a client hire an individual provider? The client, or legal representative:
�� (1) Has the primary responsibility for locating, screening, hiring, supervising, and terminating an individual provider;
�� (2) Establishes an employer/employee relationship with the provider; and
�� (3) May receive assistance from the social worker/case manager or other resources in this process.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0505, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0505, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0510 How does a person become an individual provider? In order to become an individual provider, a person must:
�� (1) Be eighteen years of age or older;
�� (2) Provide the social worker/case manager/designee with:
�� (a) Picture identification; and
�� (b) A Social Security card; or
�� (c) Authorization to work in the United States.
�� (3) Complete and submit to the social worker/case manager/designee the department's criminal conviction background inquiry application, unless the provider is also the parent of the adult DDD client and exempted, per chapter 74.15 RCW;
�� (a) Preliminary results may require a thumb print for identification purposes;
�� (b) An FBI fingerprint-based background check is required if the person has lived in the state of Washington less than three years.
�� (4) Sign a home and community-based service provider contract/agreement to provide services to a COPES or Medicaid personal care client.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0510, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0510, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0513 Is a background check required of a home care agency provider? In order to be a home care agency provider, a person must complete the department's criminal conviction background inquiry application, which is submitted by the agency to the department. This includes an FBI fingerprint-based background check if the home care agency provider has lived in the state of Washington less than three years.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0513, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0515 What are the responsibilities of an individual provider or home care agency provider when employed to provide care to a client? An individual provider or home care agency provider must:
�� (1) Understand the client's service plan that is signed by the client or legal representative and social worker/case manager, and translated or interpreted, as necessary, for the client and the provider;
�� (2) Provide the services as outlined on the client's service plan, within the scope of practice in WAC 388-15-202(38) and 388-15-203;
�� (3) Accommodate client's individual preferences and differences in providing care, within the scope of the service plan;
�� (4) Contact the client's representative and case manager when there are changes which affect the personal care and other tasks listed on the service plan;
�� (5) Observe the client for change(s) in health, take appropriate action, and respond to emergencies;
�� (6) Notify the case manager immediately when the client enters a hospital, or moves to another setting;
�� (7) Notify the case manager immediately if the client dies;
�� (8) Notify the department or AAA immediately when unable to staff/serve the client; and
�� (9) Notify the department/AAA when the individual provider or home care agency will no longer provide services. Notification to the client/legal guardian must:
�� (a) Give at least two weeks' notice, and
�� (b) Be in writing.
�� (10) Complete and keep accurate time sheets that are accessible to the social worker/case manager; and
�� (11) Comply with all applicable laws and regulations.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0515, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0515, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0520 Are there educational requirements for an individual provider or a home care agency provider of an adult client? There are educational requirements for an individual provider or a home care agency employee. They must:
�� (1) Possess a certificate of successfully completing department-designated fundamentals of caregiving training within one hundred and twenty days after beginning employment;
�� (2) Complete a minimum of ten hours of continuing education credits each calendar year following the year in which the fundamentals of caregiving training is taken. One hour of completed instruction equals one hour of credit on topics that pertain to services provided in an in-home setting including, but not limited to:
�� (a) Client's rights;
�� (b) Personal care (such as transfers or skin care);
�� (c) Mental illness;
�� (d) Dementia;
�� (e) Depression;
�� (f) Medication assistance;
�� (g) Communication skills;
�� (h) Alternatives to restraints;
�� (i) Activities for clients; and
�� (3) Provide the department/AAA with proof of completion of continuing education credits.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0520, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0525 Are there any exemptions from the training requirements? In lieu of the fundamentals of caregiving training, an individual provider or home care agency provider can:
�� (1) Pass the department's challenge test for the required class. This test can be taken only once;
�� (2) Complete the department designated modified fundamentals of caregiving training and be a:
�� (a) Registered or licensed practical nurse;
�� (b) Physical or occupational therapist;
�� (c) Certified nursing assistant; or
�� (d) Medicare-certified home health aide; or
�� (3) Complete the required division of developmental disabilities' (DDD) staff training if they are employed by, and continue to work for, a DDD-contracted and certified residential agency.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0525, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0530 Are there special rules about training for parents who are the individual providers of division of developmental disabilities (DDD) adult children? Natural, step, or adoptive parents of adult DDD children:
�� (1) Must possess a certificate of successfully completing a six-hour DDD-approved training or a specially designed department-approved training within one hundred eighty days after beginning employment;
�� (2) Are exempt from continuing education requirements; and
�� (3) Are exempt from the fundamentals of caregiving training if they provide care only for their own adult DDD child.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0530, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0535 Are there special rules about training for parents who are the individual providers of non-DDD adult children? Natural, step, or adoptive parents of adult non-DDD children must:
�� (1) Possess a certificate of successfully completing the modified fundamentals of caregiving training within one hundred eighty days after beginning employment and have documentation that they have completed individualized or other specific instruction on the care of their adult child; or
�� (2) Pass the department's challenge test; or
�� (3) Possess a certificate of successfully completing the fundamentals of caregiving.
�� (4) Are exempt from continuing education requirements described in WAC 388-71-0520(2) if they provide care only for their adult child.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0535, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0540 When will the department or AAA deny payment for services of an individual provider or home care agency provider? The department or AAA will deny payment for the services of an individual provider or home care agency provider who:
�� (1) Is the client's spouse, per 42 C.F.R 441.360(g), except in the case of an individual provider for a Chore services client. Note: For Chore spousal providers, the department pays a rate not to exceed the amount of a one-person standard for a continuing general assistance grant, per WAC 388-478-0030;
�� (2) Is the natural/step/adoptive parent of a minor client aged seventeen or younger receiving services under this chapter;
�� (3) Has been convicted of a disqualifying crime, under RCW 43.43.830 and 43.43.842 or of a crime relating to drugs as defined in RCW 43.43.830;
�� (4) Has abused, neglected, abandoned, or exploited a minor or vulnerable adult, as defined in chapter 74.34 RCW;
�� (5) Has had a license, certification, or a contract for the care of children or vulnerable adults denied, suspended, revoked, or terminated for noncompliance with state and/or federal regulations;
�� (6) Does not successfully complete the training requirements within the time limits required in WAC 388-71-0520;
�� (7) Is already meeting the client's needs on an informal basis, and the client's assessment or reassessment does not identify any unmet need; and/or
�� (8) Is terminated by the client (in the case of an individual provider) or by the home care agency (in the case of an agency provider).
�� (9) In addition, the department or AAA may deny payment to or terminate the contract of an individual provider as provided under WAC 388-71-0546, 388-71-0551, and 388-71-0556.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0540, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0540, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0546 When can the department or AAA reject the client's choice of an individual provider? The department or AAA may reject a client's request to have a family member or other person serve as his or her individual provider if the case manager has a reasonable, good faith belief that the person will be unable to appropriately meet the client's needs. Examples of circumstances indicating an inability to meet the client's needs could include, without limitation:
�� (1) Evidence of alcohol or drug abuse;
�� (2) A reported history of domestic violence, no-contact orders, or criminal conduct (whether or not the conduct is disqualifying under RCW 43.43.830 and 43.43.842;
�� (3) A report from the client's health care provider or other knowledgeable person that the requested provider lacks the ability or willingness to provide adequate care;
�� (4) Other employment or responsibilities that prevent or interfere with the provision of required services;
�� (5) Excessive commuting distance that would make it impractical to provide services as they are needed and outlined in the client's service plan.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0546, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0551 When can the department or AAA terminate or summarily suspend an individual provider's contract? The department or AAA may take action to terminate an individual provider's contract if the provider's inadequate performance or inability to deliver quality care is jeopardizing the client's health, safety, or well-being. The department or AAA may summarily suspend the contract pending a hearing based on a reasonable, good faith belief that the client's health, safety, or well-being is in imminent jeopardy. Examples of circumstances indicating jeopardy to the client could include, without limitation:
�� (1) Domestic violence or abuse, neglect, abandonment, or exploitation of a minor or vulnerable adult;
�� (2) Using or being under the influence of alcohol or illegal drugs during working hours;
�� (3) Other behavior directed toward the client or other persons involved in the client's life that places the client at risk of harm;
�� (4) A report from the client's health care provider that the client's health is negatively affected by inadequate care;
�� (5) A complaint from the client or client's representative that the client is not receiving adequate care;
�� (6) The absence of essential interventions identified in the service plan, such as medications or medical supplies; and/or
�� (7) Failure to respond appropriately to emergencies.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0551, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0556 When can the department or AAA otherwise terminate an individual provider's contract? The department or AAA may otherwise terminate the individual provider's contract for default or convenience in accordance with the terms of the contract and to the extent that those terms are not inconsistent with these rules.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0556, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0560 What are the client's rights if the department denies, terminates, or summarily suspends an individual provider's contract? If the department denies, terminates, or summarily suspends the individual provider's contract, the client has the right to:
�� (1) A fair hearing to appeal the decision, per chapter 388-02 WAC, and
�� (2) Receive services from another currently contracted individual provider or home care agency provider, or other options the client is eligible for, if a contract is summarily suspended.
�� (3) The hearing rights afforded under this section are those of the client, not the individual provider.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0560, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0560, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0580 Self-directed care -- Who must direct self-directed care? Self-directed care under chapter 74.39 RCW must be directed by an adult client for whom the health-related tasks are provided. The adult client is responsible to train the individual provider in the health-related tasks which the client self-directs.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, � 388-71-0580, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0580, filed 1/13/00, effective 2/13/00.]

WAC 388-71-0600 What are residential services? The residential service program provides personal care services, as defined in WAC 388-15-202(38), room, board, supervision, and nursing services for elderly and disabled adults. Eligible individuals may choose to receive services from any of the following licensed and contracted residential settings:
�� (1) Adult family homes with a state contract provide services for two to six unrelated adults (chapter 388-76 WAC). Services include room, board and supervision. Residents may also receive limited nursing services, under nurse delegation or if the sponsor or the manager is a nurse.
�� (2) Assisted living provides services in a licensed boarding home with a state contract (chapter 388-110 WAC, part I and II). Structural requirements include two hundred twenty square foot private room, private bathroom, and a kitchen in each unit. Resident services may include room, board, assistance with ADL and IADL, and limited nursing services. Services are authorized according to the department's comprehensive assessment and service plan.
�� (3) Enhanced adult residential care provides services in a licensed boarding home with a state contract (chapter 388-110 WAC, part I and III). Services may include a shared room, limited nursing services, assistance with ADL and IADL, limited nursing services, and supervision. Services are authorized according to the department's comprehensive assessment and service plan.
�� (4) Adult residential care provides services in a licensed boarding home with a state contract (chapter 388-110 WAC, part I and IV). Services may include supervision.

[Statutory Authority: RCW 74.08.44 [74.08.044]. 00-04-056, � 388-71-0600, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0605 Am I eligible for residential services? (1) If you apply for services, you may be eligible to have the department pay for your services through one of the programs listed below. The department assesses and determines your functional and financial eligibility for residential services under one of the following long-term care programs:
�� (a) Community options program entry system (COPES), described in WAC 388-71-0435; or
�� (b) Medicaid personal care funding (MPC), described in WAC 388-71-0440.
�� (2) If you are not eligible for services under one of the programs listed above, you may receive state-only funding for residential services if you meet eligibility requirements for general assistance unemployable, described in WAC 388-235-5000.
�� (3) If you are on:
�� (a) MPC, you can receive services in adult family homes and adult residential care facilities.
�� Note: If you are under eighteen, you may receive MPC services in a children's foster family home or a children's group care facility.
�� (b) COPES, you can receive services in adult family homes, enhanced adult residential care facilities, and assisted living facilities.
�� (c) GAU, you can receive state-funded services in adult family homes and adult residential care facilities.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.04.200, and 74.08.090. 01-14-055, � 388-71-0605, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 74.08.44 [74.08.044]. 00-04-056, � 388-71-0605, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0610 Who pays for residential care? You must use your income to pay for your room and board and services. You are allowed to keep some of your income for clothing and personal incidental (CPI). The department determines the amount of CPI that you may keep. Rules regarding the amount you must pay or CPI are found in WAC 388-513-1380; 388-515-1505 for COPES; or 388-478-0045 for all other programs.
�� (1) The department pays the facility for the difference between what you pay and the department-set rate for the facility. AASA published rates and program rules establish your total hours and how much the department pays toward the cost of your services.
�� (2) Washington state collects from your estate the cost of the care that the department provides based on chapter 388-527 WAC.

[Statutory Authority: RCW 74.08.44 [74.08.044]. 00-04-056, � 388-71-0610, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0613 For what days will the department pay the residential care facility? The department pays the residential care facility from the first day of service through the:
�� (1) Last day of service when the Medicaid resident dies in the facility; or
�� (2) Day of service before the day the Medicaid resident is discharged.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.04.200, and 74.08.090. 01-14-055, � 388-71-0613, filed 6/29/01, effective 7/30/01.]

WAC 388-71-0615 If I leave a hospital, residential facility, or nursing facility, are there resources available to help me find a place to live? (1) If you are discharged from a hospital, residential care facility, or a nursing facility, you may receive a residential care discharge allowance. This one-time payment is used to help you establish or resume living in your own home. An allowance up to eight hundred and sixteen dollars covers necessary equipment, remodeling, rent, and utilities if you do not have resources to pay these costs.
�� (2) The discharge allowance does not pay for items or services paid for by other state programs.

[Statutory Authority: RCW 74.42.450, 74.08.090. 00-04-056, � 388-71-0615, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0620 Am I eligible for a residential discharge allowance? You are eligible for a residential discharge allowance if you:
�� (1) Receive long-term care services from the department; and
�� (2) Reside in a hospital, nursing facility, adult residential care, enhanced adult residential care, assisted living, or adult family home.

[Statutory Authority: RCW 74.42.450, 74.08.090. 00-04-056, � 388-71-0620, filed 1/28/00, effective 2/28/00.]

WAC 388-71-0700 What are the requirements for nursing facility eligibility, assessment, and payment? (1) If you are a Medicaid client or paying privately, the nursing facility cannot admit you unless the physician, hospital, department, or department designee screens you for the presence of a serious mental illness or a developmental disability as required under WAC 388-97-247.
�� (2) You are eligible for nursing facility care if the department:
�� (a) Assesses you and determines that you meet the functional criteria for nursing facility level of care as defined in WAC 388-71-0435(4); and
�� (b) Determines that you meet the eligibility requirements set through WAC 388-513-1315.
�� (3) If you are Medicaid eligible and the nursing facility admits you without a request for assessment from the department, the nursing facility will not:
�� (a) Be reimbursed by the department; or
�� (b) Allowed to collect payment, including a deposit or minimum stay fee, from you or your family/representative for any care provided before the date of request for assessment.
�� (4) If you are eligible for Medicaid-funding nursing facility care, the department pays for your services beginning on the date:
�� (a) Of the request for a department assessment; or
�� (b) Nursing facility care actually begins, whichever is later.
�� (5) If you become financially eligible for Medicaid after you have been admitted, the department pays for your nursing facility care beginning on the date of:
�� (a) Request for assessment or financial application, whichever is earlier; or
�� (b) Nursing facility placement; or
�� (c) When you are determined financially eligible, whichever is later.
�� (d) Exception: Payment back to the request date is limited to three months prior to the month that the financial application is received.

[Statutory Authority: RCW 74.39A.040, 74.42.056. 00-22-018, � 388-71-0700, filed 10/20/00, effective 10/31/00.]

WAC 388-71-0800 What is PACE? (1) PACE, which stands for the program of all-inclusive care for the elderly, is a managed care program that provides:
�� (a) Comprehensive, coordinated acute medical and long-term care services for a frail elderly population; and
�� (b) A home and community-based alternative to nursing facility care.
�� (2) PACE is a Medicare/Medicaid program, authorized under section 1934 of the Social Security Act and administered by the department. The laws allow the department to expand home and community-based care options for the frail elderly population.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, � 388-71-0800, filed 9/13/99, effective 10/14/99.]

WAC 388-71-0805 What services does PACE cover? Under their contract with the department, the PACE provider develops a care plan that integrates necessary long-term care and acute medical services.
�� (1) The care plan includes, but is not limited to any of the following long-term care services:
�� (a) Case management, to access and monitor services;
�� (b) Home and community based services:
�� (i) Personal (in-home) care;
�� (ii) Residential care (e.g., boarding home, adult family home).
�� (c) And, if necessary, nursing facility care.
�� (2) The care plan may also include, but is not limited to the following medical services:
�� (a) Routine medical care;
�� (b) Vision care;
�� (c) Hospice care;
�� (d) Speech, occupational, and physical therapy;
�� (e) Oxygen therapy;
�� (f) Audiology (including hearing aids);
�� (g) Transportation;
�� (h) Podiatry;
�� (i) Durable medical equipment (e.g., wheelchair);
�� (j) Dental care;
�� (k) Pharmaceutical products;
�� (l) Shots.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, � 388-71-0805, filed 9/13/99, effective 10/14/99.]

WAC 388-71-0810 Who provides these services? (1) A PACE multidisciplinary team, with the help of the client, family, and caseworker, develops and delivers necessary long-term care and acute medical services. Members of the team may include:
�� (a) Primary care physicians and nurses;
�� (b) Therapists;
�� (c) Home care workers;
�� (d) Social workers;
�� (e) Transportation coordinators.
�� (2) As needed, the PACE provider may subcontract with other qualified professionals to provide services.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, � 388-71-0810, filed 9/13/99, effective 10/14/99.]

WAC 388-71-0815 Where are these services provided? Most of the covered services are offered at the PACE site, which is a licensed adult day health center. The PACE team may also provide care in homes, hospitals, and nursing homes.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, � 388-71-0815, filed 9/13/99, effective 10/14/99.]

WAC 388-71-0820 How do I qualify for Medicaid-funded PACE services? To qualify for Medicaid-funded PACE services, you must apply for an assessment by contacting your local Home and Community Services office. A case worker will assess and determine whether you:
�� (1) Are age:
�� (a) Fifty-five or older, and blind or disabled as defined in WAC 388-15-202, Long-term care services--Definitions; or
�� (b) Sixty-five or older.
�� (2) Need nursing facility level of care as defined in WAC 388-97-235, titled Medical eligibility for nursing facility care. Note: If you are already enrolled, but no longer need nursing facility care, you might still be eligible for PACE services if the case manager reasonably expects you to need nursing facility care within the next six months;
�� (3) Live within the designated service area of the PACE provider, currently the central Seattle area; and
�� (4) Meet financial eligibility requirements. This means the department will assess your finances and determine if your income and resources fall within the limits set in WAC 388-513-1315, Eligibility determination--Institutional.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, � 388-71-0820, filed 9/13/99, effective 10/14/99.]

WAC 388-71-0825 What are my appeal rights? If the department determines you are ineligible, but you disagree, you may appeal the department's decision. For more information on your appeal rights, refer to chapter 388-08 WAC, Practice and procedures--Fair hearing.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, � 388-71-0825, filed 9/13/99, effective 10/14/99.]

WAC 388-71-0830 Who pays the PACE provider? Depending on your income and resources, you may be required to pay for part of the PACE services. The department's financial worker will determine what amount, if any, you must contribute if you decide to enroll. The department pays the PACE provider the remaining amount.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, � 388-71-0830, filed 9/13/99, effective 10/14/99.]

WAC 388-71-0835 How do I enroll into the PACE program? Once you qualify for PACE, enrollment into the program is voluntary. However, before you can join, you must:
�� (1) Not be enrolled in any other medical coverage plan that purchases services on a prepaid basis (e.g., HMO); and
�� (2) Agree to receive services exclusively from the PACE provider.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, � 388-71-0835, filed 9/13/99, effective 10/14/99.]

WAC 388-71-0840 How do I disenroll from the PACE program? (1) You may voluntarily choose to disenroll from the PACE program. To do so, you must give the provider written notice. If you give notice:
�� (a) Before the fifteenth of the month, disenrollment is effective at the end of the month.
�� (b) After the fifteenth, disenrollment is not effective until the end of the following month.
�� (2) The PACE provider may also end services, if you:
�� (a) Move out of the designated service area;
�� (b) Exhibit violent or abusive behavior or fail to cooperate with the provider to the point where the provider cannot effectively or safely provide services;
�� (c) Refuse services and/or do not participate in your agreed-upon care plan;
�� (d) Fail to pay or make arrangements to pay your part of the costs after the thirty-day grace period;
�� (e) Become financially ineligible for Medicaid services, unless you choose to pay privately; or
�� (f) Are enrolled with a provider that loses its license and/or contract.
�� (3) For any of the above reasons, the provider must give you written notice, explaining that they are terminating benefits. If the provider gives you notice:
�� (a) Before the fifteenth of the month, then you may be disenrolled at the end of the month.
�� (b) After the fifteenth, then you may be disenrolled at the end of the following month.
�� (4) Before the provider can disenroll you from the PACE program, the department must review and approve all proposed involuntary disenrollments.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, � 388-71-0840, filed 9/13/99, effective 10/14/99.]

WAC 388-71-0845 What are my rights as a PACE participant? You have a right to:
�� (1) Receive any information regarding your care under PACE;
�� (2) Participate in creating or changing your treatment plan;
�� (3) Receive confidential treatment;
�� (4) Disenroll at any time; and
�� (5) Voice grievances when a disagreement exists. For information on resolving a disagreement, refer to your contract with the PACE provider.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, � 388-71-0845, filed 9/13/99, effective 10/14/99.]

WAC 388-71-0900 What is the intent of WAC 388-71-0900 through 388-71-0960? The intent of WAC 388-71-0900 through WAC 388-71-0960 is to:
�� (1) Describe the eligibility requirements under which an adult age eighteen and older may receive private duty nursing (PDN) services through aging and adult services;
�� (2) Assist clients and families to support clients in their own homes; and
�� (3) Describe the requirements applicants/clients families, home health agencies, and privately contracted registered nurses (RNs) and licensed practical nurses (LPNs) must meet in order for services to be authorized for PDN.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0900, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0905 What is private duty nursing (PDN) for adults? Private duty nursing (PDN):
�� (1) Is an optional community-based Medicaid service for adults eighteen or older with complex medical needs who require at least four continuous hours of skilled nursing care on a day to day basis;
�� (2) Provides an alternative to institutionalization in a hospital or nursing facility; and
�� (3) Is a resource of last resort and is not intended to supplant or replace other means of providing the services.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0905, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0910 Am I financially eligible for Medicaid-funded private duty nursing services? In order to be financially eligible for Medicaid-funded PDN, you must:
�� (1) Meet Medicaid requirements under the:
�� (a) Categorically needy program; or
�� (b) Medically needy program.
�� (2) Use private insurance as first payer, per Medicaid rules. Private insurance benefits which cover hospitalization and in-home services must be ruled out as the first payment source to PDN.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0910, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0915 Am I medically eligible to receive private duty nursing services? In order to be medically eligible for PDN, the community nurse consultant (CNC) must assess you and determine that you:
�� (1) Be assessed by a CNC as requiring care in a hospital or meeting nursing facility level of care, as defined in WAC 388-71-0435(4).
�� (2) Have a complex medical need that requires four or more hours of continuous skilled nursing care which can be safely provided outside a hospital or nursing facility; and
�� (3) Are technology-dependent daily, which means you require at least one of the following:
�� (a) A mechanical ventilator or other respiratory support at least part of each day;
�� (b) Tracheostomy tube care/suctioning;
�� (c) Intravenous/parenteral administration of medications; and
�� (d) Intravenous administration of nutritional substances.
�� (4) Require services that are medically necessary.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0915, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0920 How is my eligibility determined? In order to be eligible for Medicaid-funded PDN services:
�� (1) A CNC must use the comprehensive assessment (CA) to assess:
�� (a) Unmet skilled care needs;
�� (b) Informal supports; and
�� (c) Other services paid for by the department.
�� (2) Your primary care physician must:
�� (a) Document your medical stability and appropriateness for PDN;
�� (b) Provide orders for medical services; and
�� (c) Document approval of the service provider's plan of care.
�� (3) You must also:
�� (a) Be able to supervise your care (provider) or your guardian must be available on the premises; and
�� (b) Have family or other appropriate support who is responsible for assuming a portion of your care.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0920, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0925 Am I required to pay participation toward PDN services? (1) Except as provided in subsection (2) of this section, you are not required to pay any participation toward PDN services.
�� (2) You may be required to pay participation if you are receiving home and community program services, as described in WAC 388-71-0405 and 388-71-0470.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0925, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0930 Are PDN costs subject to estate recovery? If you are receiving PDN services, the cost of services is subject to estate recovery when you reach the age of fifty-five, per chapter 388-527 WAC.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0930, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0935 Who can provide my PDN services? In addition to a family member(s) or a personal aide providing self-directed care under RCW 74.39.050:
�� (1) A Washington state licensed and contracted home health provider can provide your PDN services.
�� (2) With an approved exception to policy (ETP), a private (nonhome health agency) registered nurse (RN) or licensed practical nurse (LPN) under the direction of the physician can provide your PDN services only when:
�� (a) The geographic location precludes a contracted home health agency from providing services to you; or
�� (b) No contracted home health agency is willing to provide PDN services to you.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0935, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0940 Are there limitations or other requirements for PDN? The limits to PDN services are:
�� (1) Your PDN cannot exceed sixteen hours a day. The hours are determined through a CA completed by a CNC;
�� (2) Trained family must provide for any hours above your assessment determination, or you or your family must pay for these additional hours;
�� (3) In instances where your family is temporarily absent due to vacations, PDN must be:
�� (a) Paid for by you or your family; or
�� (b) Provided by other trained family. If this is not possible, you may need placement in a long-term care setting during their absence.
�� (4) You may use respite care if you and your unpaid family caregiver meet the eligibility criteria defined in WAC 388-71-1075.
�� (5) You may receive additional hours, up to thirty days only when:
�� (a) Your family is being trained in care and procedures;
�� (b) You have an acute episode that would otherwise require hospitalization;
�� (c) Your caregiver is ill or temporarily unable to provide care; or
�� (d) There is a family emergency.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0940, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0945 What requirements must a home health agency meet in order to provide and get paid for my PDN? A home health agency must:
�� (1) Be licensed and contracted by Washington state. A license is obtained through the department of health. A contract is obtained through aging and adult services administration;
�� (2) Have physician orders;
�� (3) Have a detailed service plan, including time sheets, that is reviewed at least every six months by the physician and CNC case manager;
�� (4) Submit timely and accurate invoices to the social services payment system (SSPS).

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0945, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0950 What requirements must a private RN or LPN meet in order to provide and get paid for my PDN services? In order to be paid by the department, a private RN or LPN must:
�� (1) Have a license in good standing;
�� (2) Complete a contract;
�� (3) Provide services according to the service plan under the supervision/direction of a physician;
�� (4) Complete a background inquiry application. This will require fingerprinting if the RN or LPN has lived in the state of Washington less than three years;
�� (5) Have no conviction for a disqualifying crime, as stated in RCW 43.43.830 and 43.43.842;
�� (6) Have no stipulated finding of fact, conclusion of law, an agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into a state registry with a finding of guilt for abuse, neglect, abandonment or exploitation;
�� (7) Complete time sheets monthly;
�� (8) Document notes regarding your services provided per the service plan, which are reviewed at least every six months by the CNC case manager; and
�� (9) Submit timely and accurate invoices to SSPS.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0950, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0955 Can I receive PDN in a licensed adult family home (AFH)? You may be eligible to receive PDN in a licensed adult family home (AFH). In order for you to receive these services, the AFH provider must:
�� (1) Have an approved exception to policy;
�� (2) Possess a WA state registered nurse license;
�� (3) Sign a contract amendment stating they will ensure twenty-four-hour personal care and nursing care services pursuant to the Nurse Practice Act;
�� (4) Provide the PDN services to you. Your service plan cannot exceed a maximum of eight PDN care hours per day;
�� (5) Have a nursing service plan prescribed by your primary physician that allows you to reside in an AFH. The physician is responsible for:
�� (a) Overseeing your plan of care;
�� (b) Monitoring your medical stability; and
�� (c) Supervising the safety of the AFH's nursing care services.
�� (6) Keep records and have your service plan reviewed at least every six months.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0955, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0960 Can I receive services in addition to PDN? In addition to PDN services, you may be eligible to receive personal care and other household services through COPES or Medicaid personal care (MPC), from a contracted home care agency or contracted individual provider (IP), for unmet personal care needs not performed by your family/informal support system.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0960, filed 5/4/01, effective 6/4/01.]

WAC 388-71-0965 Can I choose to self-direct my care if I receive PDN? You may choose to self-direct your care, as outlined in RCW 74.39.050.

[Statutory Authority: RCW 74.08.090, 74.09.520, 42 C.F.R. 440.80. 01-11-018, � 388-71-0965, filed 5/4/01, effective 6/4/01.]

WAC 388-71-1000 What is the Senior Citizens Services Act? The Senior Citizens Services Act (chapter 74.38 RCW) provides funds for eligible senior citizens to receive community-based services as an alternative to institutional care when that form of care is premature, unnecessary, or inappropriate.

[Statutory Authority: RCW 74.38.030. 00-04-056, � 388-71-1000, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1005 Who administers the Senior Citizens Services Act funds? Aging and adult services administration (AASA) designates the local area agencies on aging (AAA) to directly coordinate and provide senior citizens services. AAA and AASA monitor the use of Senior Citizens Services Act (SCSA) funds.

[Statutory Authority: RCW 74.38.030. 00-04-056, � 388-71-1005, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1010 What services does the SCSA fund? The community based services funded by SCSA for low-income eligible persons provided by area agencies may include those described in RCW 74.38.040.

[Statutory Authority: RCW 74.38.030. 00-04-056, � 388-71-1010, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1015 How do I apply for SCSA-funded services? To receive SCSA-funded services you or your representative must:
�� (1) Complete and submit a department application form, providing complete and accurate information; and
�� (2) Promptly submit a written report of any changes in income or resources. For the definition of income and resources, refer to WAC 388-500-0005.

[Statutory Authority: RCW 74.38.030. 00-04-056, � 388-71-1015, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1020 Am I eligible for SCSA-funded services at no cost? To be eligible for SCSA-funded services at no cost, you must:
�� (1) Be age:
�� (a) Sixty-five or older; or
�� (b) Sixty or older, and:
�� (i) Either unemployed, or
�� (ii) Working twenty hours a week or less;
�� (2) Have a physical, mental, or other type of impairment, which without services would prevent you from remaining in your home;
�� (3) Have income at or below forty percent of the state median income (SMI) for a family of four adjusted for family size; and
�� (4) Have nonexempt resources (including cash, marketable securities, and real or personal property) not exceeding ten thousand dollars for a single person or fifteen thousand for a family of two, increased by one thousand dollars for each additional family member of the household. Household means a person living alone or a group of people living together.
�� (5) If you have income over forty percent of SMI you may be eligible for services on a sliding fee basis.

[Statutory Authority: RCW 74.38.030. 00-04-056, � 388-71-1020, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1025 What income and resources are exempt when determining eligibility? The following income and resources, regardless of value, are exempt when determining whether you are eligible for SCSA-funded services:
�� (1) Your home, and the lot it is upon;
�� (2) Garden produce, livestock, and poultry used for home consumption;
�� (3) Program benefits which are exempt from consideration in determining eligibility for needs based programs (e.g., uniform relocation assistance, Older Americans Act funds, foster grandparents stipends or similar monies);
�� (4) Used and useful household furnishings, personal clothing, and automobiles;
�� (5) Personal property of great sentimental value;
�� (6) Personal property used by the individual to earn income or for rehabilitation;
�� (7) One cemetery plot for each member of the family unit;
�� (8) Cash surrender value of life insurance;
�� (9) Real property held in trust for an individual Indian or Indian tribe; and
�� (10) Any payment received from a foster care agency for children in the home.

[Statutory Authority: RCW 74.38.030. 00-04-056, � 388-71-1025, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1030 What if I am not eligible to receive SCSA-funded services at no cost? (1) Even if your income is above the forty percent SMI limit to receive SCSA-funded services at no cost, you may receive SCSA-subsidized services. The department uses a sliding fee schedule to determine what percentage the department pays for the cost of your services. You pay the remaining amount, but not more than the usual rate paid for services as negotiated by the AAA or the department. The formula for determining the department's share of the cost of the services is:

100% State Median Income (SMI) - Household Income x 100
�� 100% - 40% SMI
�� (2) Service providers must be responsible for collecting fees owed by eligible persons and reporting to area agencies all fees paid or owed by eligible persons.
�� (3) Some services have no charge regardless of income or need requirements. These services include but are not limited to nutritional services, health screening, services under the long-term care ombudsman program, and access services. Note: Well adult clinic services may be provided in lieu of health screening services if such clinics use the fee schedule established by this section.

[Statutory Authority: RCW 74.38.030. 00-04-056, � 388-71-1030, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1035 What are my rights under SCSA? You have a right to:
�� (1) Receive written notice of eligibility, ineligibility, or any adverse decision, including reasons for denial, within a reasonable period of time;
�� (2) Be treated with dignity and courtesy, and not be discriminated against because of race, creed, color, national origin, sex, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person;
�� (3) Be informed of your rights and responsibilities under this program;
�� (4) Have information, given to the department or AAA, held in confidence and used only to provide services to you; and
�� (5) Request an administrative hearing if you disagree with a decision (see WAC 388-08-413).

[Statutory Authority: RCW 74.38.030. 00-04-056, � 388-71-1035, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1065 What is the purpose of the respite care program? The respite care program provides relief care for unpaid family or other caregivers of adults with a functional disability. Caregivers may need respite care to:
�� (1) Relieve some of the stresses of caregiving;
�� (2) Maintain family structure; or
�� (3) Keep the adult in his or her home.

[Statutory Authority: RCW 74.41.040. 00-04-056, � 388-71-1065, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1070 What definitions apply to respite care services? The following definitions apply to respite care services:
�� "Caregivers" means a spouse, relative, or friend who has primary responsibility for the daily care of an adult with a functional disability without receiving payment for services provided.
�� "Continuous care or supervision" means daily assistance or oversight of an adult with a functional disability.
�� "Functionally disabled" means requiring substantial assistance in completing activities of daily living and community living skills.
�� "Participant" means an adult with a functional disability who needs substantial daily continuous care or supervision.
�� "Respite care services" means services which relieve unpaid caregivers by providing temporary care or supervision to adults with a functional disability.
�� "Service provider" means an individual, agency, or organization under contract to the area agency on aging (AAA) or its subcontractor.

[Statutory Authority: RCW 74.41.040. 00-04-056, � 388-71-1070, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1075 Who is eligible to receive respite care services? (1) To be eligible to receive respite care services, the caregivers must:
�� (a) Have primary responsibility for the daily care of an adult with a functional disability;
�� (b) Not be compensated for the care; and
�� (c) Be assessed as being at risk of placing the participant in a long-term care facility if home and community support services, including respite care, are not available.
�� (2) An eligible participant is an adult who:
�� (a) Has a functional disability;
�� (b) Needs daily substantial continuous care or supervision; and
�� (c) Is assessed as requiring placement in a long-term care facility if home and community support services, including respite care, are not available.

[Statutory Authority: RCW 74.41.040. 00-04-056, � 388-71-1075, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1080 Who may provide respite care services? Respite care providers include, but are not limited to the following:
�� (1) Nursing homes (rules regarding respite services provided in a nursing home, can be found in WAC 388-97-210);
�� (2) Adult day services, which includes adult day care and adult day health, as defined in WAC 388-15-651;
�� (3) Home health/home care agencies;
�� (4) Hospitals;
�� (5) Licensed residential care facilities such as boarding homes, adult family homes, and assisted living facilities; and
�� (6) Social service providers such as volunteer chore workers, senior companions, and individual providers.

[Statutory Authority: RCW 74.41.040. 00-04-056, � 388-71-1080, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1085 How are respite care providers reimbursed for their services? The department reimburses:
�� (1) Respite care providers for the number of hours or days of services authorized and used. The rate that is established for the services is negotiated between the respite care program of the local area agency on aging and the respite care service provider.
�� (2) Medicaid-certified nursing homes and developmental disability facilities providing respite services the Medicaid rate approved for that facility. Contracted nursing homes must not charge beyond the Medicaid rate for any services covered from the date of eligibility unless the department authorizes it (see RCW 18.51.070). Participants must pay for services not included in the Medicaid rate.
�� (3) Private nursing homes at their published daily rate.

[Statutory Authority: RCW 74.41.040. 00-04-056, � 388-71-1085, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1090 Are participants required to pay for the cost of their services? (1) There is no charge to the participant whose income is at or below forty percent of the state median income, based on a family of four.
�� (2) If the participant's gross income is above forty percent of the state median income, he or she is required to pay for part or all of the cost of the respite care services. The department will determine what amount the participant must contribute based on the state median income and family size.
�� (3) If the participant's gross income is one hundred percent or more of the state median income, the participant must pay the full cost of services.

[Statutory Authority: RCW 74.41.040. 00-04-056, � 388-71-1090, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1095 Are respite care services always available? (1) The department must first consider requests for emergency respite care. An example of an emergency is when the caregiver becomes ill or injured to the extent that the caregiver's ability to care for the disabled adult is impaired.
�� (2) In nonemergency situations, respite care is allocated based upon available respite funds at the local level. Respite care must be provided on a first-come, first-served basis. If sufficient funds are not available when respite care is requested, services are made available using waiting lists and department-approved priority categories including caregiver vulnerability and health condition, availability of other support systems, and whether other family members need care.

[Statutory Authority: RCW 74.41.040. 00-04-056, � 388-71-1095, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1100 What is volunteer chore services (VCS)? Volunteer chore services (VCS) is a state-funded program which provides volunteer assistance with household tasks to low income elderly and other adults with disabilities to enable them to stay in their own homes. VCS is a component of the continuum of home and community services provided by the department. The program:
�� (1) Assists people who need but are not eligible for DSHS services; or
�� (2) Complements DSHS services by using volunteer assistance to perform tasks which do not require specially-skilled personnel.
�� (3) Provides assistance with housework, laundry, shopping, cooking, moving, minor home repair, yard care, limited personal care, monitoring and transportation.

[Statutory Authority: RCW 74.08.090, 74.09.520, 74.39A.030, 74.39A.100. 00-04-056, � 388-71-1100, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1105 Am I eligible to receive volunteer chore services? You may receive volunteer chore services if you are:
�� (1) Eighteen years of age or older;
�� (2) Living at home unless you are moving from a residential facility to home and need assistance moving;
�� (3) Unable to perform certain household or personal care tasks due to functional or cognitive impairment;
�� (4) Financially unable to purchase services from a private provider;
�� (5) Not receiving services under COPES, MPC, or chore personal care because you:
�� (a) Do not meet the eligibility requirements; or
�� (b) Decline these services.
�� (6) In need of assistance from volunteer chore in addition to or in substitution of paid services under COPES, MPC, or chore personal care.

[Statutory Authority: RCW 74.08.090, 74.09.520, 74.39A.030, 74.39A.100. 00-04-056, � 388-71-1105, filed 1/28/00, effective 2/28/00.]

WAC 388-71-1110 How do I receive information on applying for volunteer chore services? You can receive information on applying for services by calling or visiting your local:
�� (1) Aging and adult services home and community services office;
�� (2) Developmental disabilities field services office;
�� (3) Area agency on aging office;
�� (4) Senior information and assistance office;
�� (5) Catholic community services office.

[Statutory Authority: RCW 74.08.090, 74.09.520, 74.39A.030, 74.39A.100. 00-04-056, � 388-71-1110, filed 1/28/00, effective 2/28/00.]

388-71-0545	Under what conditions will the department/AAA deny payment to or terminate the contract of an individual provider, or deny payment to a home care agency provider? Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0545, filed 1/13/00, effective 2/13/00. Repealed by 01-11-019, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095.
388-71-0550	Are there other conditions under which the department/AAA may deny payment, or deny or terminate a contract to an individual provider? Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0550, filed 1/13/00, effective 2/13/00. Repealed by 01-11-019, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095.
388-71-0555	When can the department/AAA summarily suspend an individual provider's contract? Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, � 388-71-0555, filed 1/13/00, effective 2/13/00. Repealed by 01-11-019, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095.