WSR 98-09-092
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)
[Filed April 21, 1998, 3:54 p.m.]
Subject of Possible Rule Making: Chapter 275-25 WAC, County plan for mental health, developmental disabilities; chapter 275-26 WAC, Community residential services and support; chapter 275-27 WAC, Division of developmental disabilities services rules; chapter 275-31 WAC, Division of developmental disabilities program option rules; chapter 275-38 WAC, ICF/MR program and reimbursement system; and chapter 275-41 WAC, Work programs for residents of residential habilitation centers in DDD.
Statutes Authorizing the Agency to Adopt Rules on this Subject: DDD receives statutory authority to adopt rules from many sources, including: RCW 7.70.065, chapters 11.92, 18.88A, 26.44, 34.05 RCW, RCW 43.20A.400-[43.20A.]430, 43.43.830-[43.43.]845, chapters 70.24, 70.58, 70.96A, 70.122, 70.124, 70.129, 70.195, 71.20 RCW, Title 71A RCW, RCW 74.09.120, chapters 74.15, 74.34, 74.42 RCW and 42 CFR 483. Specific statutory authority will be provided for each rule filing that follows from this Preproposal Statement of Inquiry.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Governor Gary Locke's Executive Order 97-02 requires review of all state regulations that have significant impact to ensure that they meet standards of need, reasonableness, effectiveness, clarity, fairness, stakeholder involvement, coordination among regulatory agencies and consistency with legislative intent and statutory authority. In accordance with the Executive Order, DDD is currently reviewing these WACs.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of Health and Human Services; Washington State Department of Health; Washington State Office of Superintendent of Public Instruction, and Department of Health. Copies for comment will be provided to staff contacts. All comments will be considered.
Process for Developing New Rule: DDD will announce opportunities for public participation through meeting invitations, inclusion on mailing lists for public comment, and other documents to stakeholders, including: Customers, service providers, self-advocates and families, county coordinators, coordinating agencies and other interested parties. Public input will be gathered from interested parties who attend meetings or submit written comments. All comments will be considered. These rules and public comments will be reviewed by the DDD Regulatory Improvement Steering Committee (RISC) before adoption.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Chris Coleman, Regulatory Improvement Manager, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 902-8478, e-mail ColemNC@dshs.wa.gov, FAX (360) 902-8482, TTY users contact Tonya Mickelson, TTY (360) 902-8449. Interested parties can contact Chris Coleman, Program Manager, using any means of communication.
April 17, 1998
Edith M. Rice, Chief
Office of Legal Affairs