For those clients who began receiving LTSS prior to June 1, 2018, and also has a court order signed before June 1, 2018, chapter 388-79A WAC applies.
Effective June 1, 2018, chapter 388-79A was amended to end the previous requirement of notification (by the guardian) to DSHS on proposed guardianship orders, and also end the procedure to exceed the maximum deductions allowed per rule. Any clients subject to chapter 388-79A will have their deductions allowed per the signed order.
Note: R&B deductions are NOT allowed per rule under this chapter. As long as a court order is subject to chapter 388-79A WAC, an ETR must be approved to reduce R&B.
Worker Responsibilities
Upon receipt of a court order: if it was signed on or after June 1, 2018, or if the client began LTSS after June 1, 2018, allow the deductions per WAC 182-513-1530 or the court order, whichever is less.
Most (if not all) clients subject to chapter 388-79A WAC have current allowed deductions. Continue to allow these deductions until a new court order is received. Ensure an ETR is approved prior to allowing or continuing to allow a deduction to R&B.
Forward any ETR requests from the guardian to your regional guardianship designee.