1. (1) Subject to available funding, adult protective services (APS) may arrange for, and provide referrals to, state-only funded services for an alleged victim.

2. (2) Services may include:

   1. (a) In-home personal care, household services, or both; and
   2. (b) Emergency referral options for a department-licensed and -contracted adult family home, assisted living facility, or nursing home.

3. (3) Services may be offered if:

   1. (a) The person is the alleged victim in an open APS investigation;
   2. (b) The services would help protect the alleged victim from harm;
   3. (c) APS cannot identify alternative resources or options for payment for services available to the alleged victim at the time the services are needed;
   4. (d) Services are provided in the least restrictive and cost effective manner and setting available to meet the needs of the alleged victim;
   5. (e) APS is pursuing service alternatives or resolution of the issues that resulted in the need for the services; and
   6. (f) The services are temporary and provided with the consent of the alleged victim, or their legal representative, only until the situation has stabilized.

4. (4) Service limitations.

   1. (a) State-only funded protective services are provided by APS on a discretionary basis, are not a benefit, and are not an entitlement.
   2. (b) There is no right to notice over an approval, denial, change, termination, or any other action regarding services.
   3. (c) There is no right to an administrative hearing over an approval, denial, change, termination, or any other action regarding services.
   4. (d) All services are limited to a cumulative maximum total of ninety days in any twelve-month period, with nursing home services limited to thirty days in the twelve-month period. An exception to rule requested under chapter 388-440 WAC will not be accepted.
   5. (e) In-home personal care, household services, or both, are provided based on assessed need and limited to one hundred forty-three hours per calendar month.

[Statutory Authority: RCW 74.34.068, 74.34.165; 42 U.S.C. Sec. 1396r (g)(1)(D), 42 U.S.C. Sec. 1395i3 (g)(1)(D). WSR 21-11-108, § 388-103-0030, filed 5/19/21, effective 7/1/21.]