Section 388-845-0060 - Can your waiver enrollment be terminated?DDA may terminate your waiver enrollment if DDA determines that:
(1) Your health and welfare needs cannot be met in your current waiver or for one of the following reasons: (a) You no longer meet one or more of the requirements listed in WAC 388-845-0030;(b) You do not have an identified need for a waiver service at the time of your annual person-centered service plan;(c) You do not use a waiver service at least once in every thirty consecutive days and your health and welfare do not require monthly monitoring to avoid institutionalization;(d) You are on the community protection waiver and: (i) You choose not to be served by a certified residential community protection provider-intensive supported living services (CP-ISLS);(ii) You engage in any behaviors identified in WAC 388-831-0240(1) through (4); and(iii) DDA determines that your health and safety needs or the health and safety needs of the community cannot be met in the community protection program;(e) You choose to unenroll from the waiver;(f) You reside out-of-state;(g) You cannot be located or do not make yourself available for the annual waiver reassessment of eligibility;(h) Your needs exceed the maximum funding level or scope of services under the basic plus waiver as specified in WAC 388-845-3080;(i) Your needs exceed what can be provided under WAC 388-845-3085;(j) You refuse to participate with DDA in: (ii) Required quality assurance and program monitoring activities; or(iii) Accepting services agreed to in your person-centered service plan as necessary to meet your health and welfare needs; or(k) You are in a hospital, jail, prison, nursing facility, ICF/IID, or other institution for at least one full calendar month, and are under the care of that institution or entity: (i) At the end of that full calendar month and there is no immediate plan for you to return to the community;(ii) At the end of the twelfth month following the effective date of your current person-centered service plan, as described in WAC 388-845-3060; or(iii) At the end of the waiver fiscal year, whichever date occurs first.(2) Services offered on a different waiver can meet your health and welfare needs and DDA enrolls you on a different waiver.Wash. Admin. Code § 388-845-0060
Amended by WSR 13-24-045, filed 11/26/13, effective 1/1/2014Amended by WSR 16-17-009, Filed 8/4/2016, effective 9/4/2016Amended by WSR 21-19-108, Filed 9/20/2021, effective 10/21/2021Statutory Authority: RCW 71A.12.030, 74.08.090 and 2012 c 49 . 13-04-005, § 388-845-0060, filed 1/24/13, effective 2/24/13. Statutory Authority: RCW 71A.12.030, 71A.12.120, and Title 71A RCW. 09-10-021, § 388-845-0060, filed 4/28/09, effective 5/29/09; 07-20-050, § 388-845-0060, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 71A.12.030, 71A.12.12 [71A.12.120] and chapter 71A.12 RCW. 06-01-024, § 388-845-0060, filed 12/13/05, effective 1/13/06.