WSR 99-12-030

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Division of Vocational Rehabilitation)

[ Filed May 25, 1999, 3:50 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-06-081.

Title of Rule: New chapter 388-890 WAC, Rehabilitation services for individuals with disabilities, will replace the following rules which are being repealed: Repealing WAC 490-500-005 Definitions, 490-500-010 Application for services, 490-500-015 Initial interview, 490-500-022 Assessment for determining eligibility and vocational rehabilitation needs, 490-500-025 Eligibility for services, 490-500-030 Eligibility for services--Criteria, 490-500-050 Certification for decision of eligibility or ineligibility, 490-500-055 Notice to applicant, 490-500-065 Ineligibility--Review required, 490-500-070 Extended evaluation, 490-500-080 Extended evaluation--Plan, 490-500-170 Criteria for order of selection, 490-500-180 Economic need, 490-500-185 Economic need--Financial statement required, 490-500-190 Economic need--Standards for determining, 490-500-200 Economic need--Notification of decision, 490-500-205 Comprehensive assessment, 490-500-257 Individualized, written rehabilitation plan, 490-500-260 Individualized, written rehabilitation plan--Content, 490-500-270 Individualized, written rehabilitation plan--Participation, 490-500-275 Individualized, written rehabilitation plan--Review, 490-500-300 Vocational rehabilitation--Employment outcome, 490-500-325 Comparable services and benefits available from other agencies, 490-500-350 Vocational rehabilitation services, 490-500-380 Vocational rehabilitation services--Counseling, guidance, and work-related placement services, 490-500-385 Vocational rehabilitation services--Physical and mental restoration, 490-500-389 Vocational rehabilitation services--Telecommunications, sensory, and other technological aids and devices, 490-500-390 Vocational rehabilitation services--Training, 490-500-418 Vocational rehabilitation services--Rehabilitation assistive technology services, 490-500-420 Vocational rehabilitation services--Additional living expenses, 490-500-430 Vocational rehabilitation services--Occupational licenses, tools, equipment, and initial stocks and supplies, 490-500-435 Vocational rehabilitation services--Transportation, 490-500-437 Vocational rehabilitation services--Interpreter services and reader services, 490-500-445 Vocational rehabilitation services--Services to family members, 490-500-450 Vocational rehabilitation services--Other goods and services, 490-500-455 Vocational rehabilitation services--Post employment services, 490-500-460 Vocational rehabilitation services--Information and referral services, 490-500-465 Vocational rehabilitation services--Recruitment and training services, 490-500-470 Vocational rehabilitation services--Transition services, 490-500-475 Vocational rehabilitation services--Supported employment, 490-500-477 Vocational rehabilitation services--Independent living services, 490-500-480 Vocational rehabilitation services--On-the-job or other related personal assistance, 490-500-485 Vocational rehabilitation services--Services to groups, 490-500-500 Purchase of services, 490-500-505 Purchase of services--Selection criteria--Schools or training organizations, 490-500-510 Purchase of services--Selection criteria--On-the-job training, 490-500-525 Termination of services under an individualized, written rehabilitation plan--Ineligible, 490-500-530 Termination of services under an individualized, written rehabilitation plan--For reasons other than ineligibility, 490-500-542 Termination of services under an individualized written rehabilitation plan--Rehabilitated, 490-500-545 Notification of termination, 490-500-555 Confidential information--Disclosure, 490-500-560 Administrative review, 490-500-580 Fair hearing--Adjudicative proceeding, 490-500-590 Client records, 490-500-600 Independent living program, 490-500-605 Independent living program--Eligibility/ineligibility, 490-500-615 Independent living program--Economic need and comparable services and benefits, 490-500-620 Independent living program--Written independent living plan, 490-500-622 Independent living program--Independent living services, 490-500-625 Independent living program--Termination, 490-500-627 Independent living program--Client records, 490-500-630 Statewide independent living council, and 490-500-635 State rehabilitation advisory council.

Purpose: To repeal old rehabilitation rules and adopt new rules to comply with the Rehabilitation Act of 1973 as amended in August, 1998 including the following Titles: I Vocational Rehabilitation Services; VI Employment Opportunities for Individuals with Disabilities; and VII Independent Living Services and Centers for Independent Living. These rules have been written to comply with the Governor's Executive Order 97-02, Regulatory Improvement.

Statutory Authority for Adoption: RCW 74.29.020, 74.08.090.

Statute Being Implemented: Chapter 74.29 RCW, Rehabilitation Act of 1973 as amended in August 1998.

Summary: The rules inform the public what rehabilitation services and/or benefits are provided by the Division of Vocational Rehabilitation (DVR) and under what conditions DVR provides the services and/or benefits.

Reasons Supporting Proposal: To comply with Rehabilitation Act of 1973 as amended in August 1998 and the Governor's Executive Order 97-02, Regulatory Improvement.

Name of Agency Personnel Responsible for Drafting: Phyllis Hansen, Kelly Boston, Division of Vocational Rehabilitation, P.O. Box 45340, Olympia, WA 98504-5340, (360) 438-8047, (360) 438-8000 V/TTY; Implementation and Enforcement: Don Kay, Division of Vocational Rehabilitation, P.O. Box 45340, Olympia, WA 98504-5340, (360) 438-8015.

Name of Proponent: Department of Social and Health Services, Division of Vocational Rehabilitation, governmental.

Rule is necessary because of federal law, Rehabilitation Act of 1973 as amended in August 1998.

Explanation of Rule, its Purpose, and Anticipated Effects: The rules inform the public what rehabilitation services and/or benefits are provided by the Division of Vocational Rehabilitation (DVR) and under what conditions DVR provides the services and/or benefits. Major areas covered include: Informed choice; application and eligibility; vocational rehabilitation program; supported employment program; independent living program; participant rights to appeal; confidentiality; access to DVR services for limited English speaking people; order of selection; and vocational rehabilitation services for groups of individuals with disabilities.

The rules are intended to increase the rights and responsibilities of DVR applicants and eligible individuals with disabilities, support full partnership between service participants and DVR, and support DVR's mission to help people with disabilities go to work. The new rules are organized for ease in use and simplified for clear understanding.

Proposal Changes the Following Existing Rules: DVR is repealing the old program rules in chapter 490-500 WAC and replacing them with new easier to read rules in new chapter 388-890 WAC. Major content changes include adding and changing definitions, adding options for applicants and eligible individuals to make informed choices, changing elements of eligibility, extending the period of time to close a case service record after a participant becomes employed, changing from an individualized written rehabilitation plan to an individualized plan for employment, changes to the appeals process, changes to the use of comparable services and benefits, and changes to economic need and financial participation.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not regulate any businesses. The proposed rules regulate DVR in the provision of rehabilitation services and anyone interested in receiving rehabilitation services from DVR.

RCW 34.05.328 applies to this rule adoption. The rules meet the definition of a "significant legislative rule" and a cost benefit analysis has been prepared. To obtain a copy, contact Phyllis Hansen or Kelly Boston, DVR Program Administrators, P.O. Box 45340, Olympia, WA 98504-5340, phone (360) 438-8000 V/TTY, (Phyllis) e-mail hansepa@dshs.wa.gov, (Kelly) e-mail bostok@dshs.wa.gov.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on July 27, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by July 16, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by July 27, 1999.

Date of Intended Adoption: August 27, 1999.

May 24, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 99-13 issue of the Register.

Washington State Code Reviser's Office