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Washington State Court Upholds Repayment To Live-In Personal Caregivers Affected By DSHS Shared Living Rule

On April 3, 2014, the Washington State Supreme Court ruled that the Department of Social and Health Services (DSHS) must repay live-in caregivers for services provided to Medicaid beneficiaries with disabilities who were awarded fewer hours of care due to the DSHS “shared living rule.” The DSHS “shared living rule” had existed since the 1990s. It reflected the Medicaid requirement that DSHS consider informal sources of support for clients, including how live-in caregivers benefited from some of the home-care tasks, such as preparing meals and housekeeping. During 2003 through 2007, the “shared living rule” was automated into . . .

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