WSR 03-18-028

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed August 25, 2003, 4:00 p.m. ]

Subject of Possible Rule Making: Chapter 388-825 WAC, Division of Developmental Disabilities services rules; chapter 388-850 WAC, County plan for developmental disabilities, Division of Developmental Disabilities (DDD); and related sections. The department is amending rules and adopting new rules to implement the intent of ESSB 6387, directing the DDD to begin making payments to DDD employment/day program services directly to the DDD recipients of these services.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.30 [71A.12.030], 71A.10.020, chapter 371, Laws of 2002 (2001-2003 Supplemental Budget - ESSB 6387).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Division of Developmental Disabilities was directed by the 2002 Washington state legislature to begin paying an income supplement, called state supplementary payment (SSP) to certain individuals who receive services from DDD. On July 18, 2003, the Social Security Administration notified the department that payment for employment/day program services under current rules are vendor payments and could not be funded by the SSP. Implementation of this directive requires the adoption of amended and new rules, in chapters 388-825 and 388-850 WAC and related sections.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: State agencies include the DSHS Aging and Disability Services Administration, Medical Assistance Administration and Economic Services Administration. Federal Public Law 92-603 and the Social Security Act publish regulations for states that must provide an SSP program. The federal Social Security Administration oversees state compliance with federal/state supplementation rules.

Process for Developing New Rule: The department welcomes public participation in the development of these rules. At a later date, the department will publish proposed rules for public comment and a public hearing will be held before the rules are adopted as permanent. Draft material and information about how to participate may be obtained from the department representative listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Steve Brink, Department of Social and Health Services, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 902-7716, fax (360) 902-8482, e-mail brinksc@dshs.wa.gov.

August 21, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

Register

Washington State Code Reviser's Office