WSR 04-23-070

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed November 15, 2004, 3:58 p.m. , effective December 16, 2004 ]


Purpose: The purpose of amending these rules is to reflect the correct administrative names as well as correct language changes due to the new HCBS (home and community based services) waiver. In addition, the proposed rules will clarify procedures and requirements. See below for a list of amended rules and the subject of the amendments. See below for changes from the CR-102 proposed rule.

Citation of Existing Rules Affected by this Order: Amending

WAC # Subject of Amendment
388-820-020 Adds definitions of ADSA, HCBS, POC and RCS; updates correct administrative names; deletes the definition of community alternatives program.
388-820-030 Adds minimal rights guaranteed to residents of CRS [RCS].
388-820-040, 388-820-090, 388-820-140, 388-820-180, 388-820-190, 388-820-200, 388-820-240, 388-820-290, 388-820-360, 388-820-880, 388-820-890, 388-820-900, 388-820-910, 388-820-920, and 388-820-930 Updates correct administrative names.
388-820-150 Updates correct administrative names and clarifies DDD's role of initial certification.
388-820-160 Updates correct administrative names and clarifies the roles of DDD/RCS and the application procedures of initial certification.
388-820-210 Updates correct administrative names; clarifies intent of review and evaluation, deletion of needed draft copy of the report (subsection (5)(e)) and clarifies procedures and requirements.
388-820-220 Updates correct administrative names and deletion of receipt of the draft (subsection (1)(b)).
388-820-230 Updates correct administrative names and adds "must" in subsection (3)(b).
388-820-250 Updates correct administrative names and adds "client health and safety."
388-820-260 Addition of health and safety policies and procedures; deletes DDD required approval of administrative documents.
388-820-310 Change "directly" to "continuously;" new subsection (5) states existing requirement for boarding homes and adult family homes.
388-820-330 Updates correct administrative names; correct language changes due to the new HCBS waiver; and adds staff training with regards to ISP/POC.
388-820-400, 388-820-520, 388-820-530, 388-820-540, 388-820-550, 388-820-560, 388-820-630, 388-820-650, and 388-820-720 Correct language changes due to the new HCBS waiver.
388-820-405 Corrects grammatical error.
388-820-430 Deletes reference to the contract.
388-820-440 Deletion of "DSHS approved" and adds "state law."

Statutory Authority for Adoption: RCW 71A.12.030 and 71A.12.080.

Other Authority: Chapter 71A.12 RCW.

Adopted under notice filed as WSR 04-19-022 on September 7, 2004.

Changes Other than Editing from Proposed to Adopted Version:

WAC # Subject of Amendment
388-820-190 Department will delete language, "principles and procedures of RCS," in subsection (1).
388-820-210 Department will delete language, "principles and procedures of RCS," in subsection (1).
388-820-930 (4) and (5) The department will amend WAC 388-820-930 (4) and (5) to clarify the process of exceptions to the rules (ETRs). The department will delete "60 calendar days" in subsection (5) and replace with "10 working days" and will add "20 working days" in subsection (4) for a total of 30 working days, divided between DDD and RCS as follows:


(4) "DDD will send their recommendations of the exceptions of the requirements to RCS within 20 working days."


(5) "The RCS director or designee will approve or deny the request in writing within 10 working-days after receiving the recommendation from DDD."


The changes were the result of comments received.

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 38, 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 38, Repealed 0.

Date Adopted: November 10, 2004.

Brian H. Lindgren, 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 04-24 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office