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STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Aging and Long-Term Support Administration
Home and Community Services Division
PO Box 45600, Olympia, WA 98504-5600
H14-098 – Policy/Procedure
May 22, 2014
|TO: |Area Agency on Aging (AAA) Directors |
| | |
| |Home and Community Services (HCS) Division Regional Administrators |
| | |
| |Developmental Disability Administration (DDA) Regional Administrators |
|FROM: |Bea Rector, Director, Home and Community Services Division |
| | |
| |Don Clintsman, Deputy Assistant Secretary, Developmental Disabilities Administration |
|SUBJECT: |Notice letter to recipients of in-home personal care services regarding Exception to Rule (ETR) requests |
|Purpose: |To inform and provide direction to staff about notice letters being mailed to in-home personal care |
| |recipients regarding ETR requests. |
|Background: |Facing severe budget shortfalls in late 2010, DSHS announced reductions to in-home personal care services. |
| |The reduction took effect on January 1, 2011. A group of individual personal care recipients, together with |
| |the provider union and other organizations, filed legal action in federal court. The Plaintiffs requested a |
| |preliminary order restoring the December 2010 base hours pending a trial on their legal claims. In October |
| |2011, the Ninth Circuit Court of Appeals ordered that the individuals named as plaintiffs in the lawsuit |
| |should have their hours restored pending trial. Following the Ninth Circuit's decision, and discussions with|
| |the U.S. Department of Justice and Department of Health and Human Services, DSHS issued Home and Community |
| |Services Management Bulletin H13-001 Exception to Rule Requests for In-Home Personal Care Services. |
| | |
| |The Ninth Circuit remanded the case to trial court. After a series of negotiations, the parties entered into|
| |a settlement agreement dismissing the lawsuit. |
| | |
| |On December 8, 2013 DSHS issued HCS Management Bulletin H13-078, Settlement Agreement in M.R. V. Dreyfus |
| |which outlined the Department’s agreement with Plaintiffs and dismissal of the lawsuit. |
|What’s new, changed, or |As part of the settlement agreement, the Department agreed to provide notice to all Washington recipients of |
|Clarified |in-home personal care regarding the ETR request process, including the consideration of an individual’s |
| |serious risk of institutionalization in determining whether to request an ETR. Beginning November 1, 2013, |
| |the notice was provided to recipients as they were assessed. The notice was included with their CARE |
| |assessment Service Summary. For recipients who have not had a face-to-face assessment since November 1, 2013,|
| |notice letters will be mailed no later than May 31, 2014. |
|ACTION: |Notice letters |
| |ADS HQ: |
| |ADS HQ will send a letter to in-home personal care recipients who have an open SSPS authorization as of April|
| |15, 2014, the date the data was pulled, and who have not had an Initial, Annual, or Significant Change |
| |assessment moved to current after November 1, 2013. Clients identified in CARE as having a written language |
| |other than English will receive a letter in English and in their identified written language. If an NSA or |
| |guardian is identified, he or she will receive a copy of the letter translated in the client’s identified |
| |written language and in English. |
| | |
| |Field Staff: |
| |Field Staff must send the notice letter (attached below) from their local offices in the following |
| |circumstances: |
| |Clients who have not had an Initial, Annual, or Significant Change assessment since 11/1/2013 AND did not |
| |have an open SSPS authorization on 4/15/2014, but remain eligible for personal care services. |
| |Clients on an exception list. Regions/AAAs will receive an exception list for clients whose: |
| |Mailing data was incomplete |
| |Translation was needed but the language was marked as “other” in CARE |
| |Translation was unavailable in specified written language. Translations were unavailable in a few languages |
| |due to lack of professional translation resources available. If a client was on an exception list for this |
| |reason the CM/CRM will need to send the English letter to the client and contact the client or NSA/guardian |
| |using a language phone line service and read the letter over the phone. Document this phone call in a SER. |
| | |
| |When CM/CRMs mail a notice letter, they must note in a SER that the notice letter was mailed and place a copy|
| |of it in the client’s electronic file. |
| | |
| |If CM/CRMs need to mail a notice letter to a client whose mailing data was incomplete and whose identified |
| |written language is something other than English, the CM/CRM must send a translated letter and an English |
| |letter to the client and NSA/Guardian. If a client is on an exception list because their language was marked |
| |as “other” in CARE, CM/CRMs need to identify the appropriate language and send both a translated letter and |
| |English letter to the client and NSA/Guardian. You can request translated templates from Patty McDonald. |
| |Email Patty mcdonPM@dshs. and provide her with the requested language. |
|Related |WAC 388-440-0001 |
|REFERENCES: |CR-103P Amendment to 388-440-0001: |
|ATTACHMENT(S): |HB H13-001: |
| |[pic] |
| | |
| |HB H13-078: |
| |[pic] |
| | |
| |Recipient ETR Letter: |
| |[pic] |
|CONTACT(S): |Rachelle Ames, HCS Program Manager |
| |(360) 725-2353 |
| |amesrl@dshs. |
| | |
| |Debbie Roberts, DDA Program Manager |
| |(360) 725-3525 |
| |debbie.roberts@dshs. |
| | |
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HCS MANAGEMENT BULLETIN
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