WSR 04-08-072

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed April 5, 2004, 3:26 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Division of Developmental Disabilities service rules.

Purpose: To correct WAC cross-references and an incorrect description of service.

Other Identifying Information: RCW 34.05.310(4) exempts this proposed rule from filing a CR-101 Preproposal statement of inquiry rules that make corrections or clarify language of the rule without changing its effect.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.10.020.

Statute Being Implemented: 2001-03 Supplemental Budget - ESSB 6387 (chapter 371, Laws of 2002).

Summary: When WAC 388-825-070 and 388-825-090 were adopted in WSR 04-02-044, incorrect WAC cross-references were included and the description of service was incorrect. References to WAC 388-825-065 are changed to WAC 388-825-064 in WAC 388-825-070 and 388-825-090. Reference to SSP is changed to direct payment funds in WAC 388-825-090.

Name of Agency Personnel Responsible for Drafting: Steve Brink, Division of Developmental Disabilities, P.O. Box 5310, Olympia, WA 98504-5310, (360) 902-7716, brinksc@dshs.wa.gov; Implementation and Enforcement: Colleen Erskine, Division of Developmental Disabilities, P.O. Box 5310, Olympia, WA 98504-5310, (360) 902-8470, erskicm@dshs.wa.gov.

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

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.

Proposal does not change existing rules. WAC 388-825-070 and 388-825-090, references to WAC 388-825-065 are changed to WAC 388-825-064; and WAC 388-825-090, reference to SSP is changed to direct payment funds.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because these rules do not impact small businesses as described in RCW 19.85.020.

RCW 34.05.328 does not apply to this rule adoption. These rules are exempt from this requirement under RCW 34.05.328 (5)(b)(vii). These DSHS rules relate solely to housekeeping changes, making corrections and clarifying the rule without changing its effect.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on May 11, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 7, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., May 11, 2004.

Date of Intended Adoption: Not earlier than May 12, 2004.

March 30, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3382.1
AMENDATORY SECTION(Amending WSR 04-02-014, filed 12/29/03, effective 1/29/04)

WAC 388-825-070   What happens if I do not spend the funds paid directly to me for employment/day programs as specified in WAC ((388-825-065)) 388-825-064?   The department will stop sending these funds directly to you and has the right to recover any funds sent directly to you if it is determined that these funds were not spent as required in WAC ((388-825-065)) 388-825-064.

[Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. 04-02-014, 388-825-070, filed 12/29/03, effective 1/29/04.]


AMENDATORY SECTION(Amending WSR 04-02-014, filed 12/29/03, effective 1/29/04)

WAC 388-825-090   When will DDD recover direct payment funds sent to me for employment/day program services?   DDD may recover funds, known as an overpayment, when:

(1) You did not spend the direct payment funds on employment/day program services as specified in WAC ((388-825-065)) 388-825-064; or

(2) You were no longer eligible for services from the division of developmental disabilities in the month in which the ((SSP was)) direct payment funds were issued; or

(3) Your assessed need has changed.

[Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. 04-02-014, 388-825-090, filed 12/29/03, effective 1/29/04.]

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