WSR 04-11-087

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed May 18, 2004, 4:55 p.m. ]

     Date of Adoption: May 14, 2004.

     Purpose: To correct WAC cross-references in WAC 388-825-070 and 388-825-090 and to correct an incorrect description of service in WAC 388-825-090.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-825-070 and 388-825-090.

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

     Other Authority: 2001-03 Supplemental Budget - ESSB 6387 (chapter 371, Laws of 2002).

      Adopted under notice filed as WSR 04-08-072 on April 5, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

May 14, 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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