WSR 03-21-156

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 22, 2003, 8:24 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-18-028.

Title of Rule: Division of Developmental Disabilities service rules, chapter 388-825 WAC; and County plan for developmental disabilities, chapter 388-850 WAC.

Purpose: The Division of Developmental Disabilities (DDD) will establish a new program for individuals in need of employment/day program services as directed by the legislature in chapter 371, Laws of 2002. Before these proposed amended and new rules, employment and day program services were paid by DDD as state supplementary payments or through the counties. These rules identify a new program whereby DDD will pay eligible individuals directly with state-only funds and require that these individuals purchase the necessary employment/day program services. The county plan rules are amended to provide funding for the oversight of the use of these direct payments.

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: On July 18, 2003, the Social Security Administration (SSA) informed the state that its current rules governing the payment of the state supplementary payments (SSP) did not satisfy the requirements under sections 1616(a) and 1618 of the Social Security Act ("the act"), 42 U.S.C. 1382 (e)[a], 42 U.S.C. 1382(g) and regulations at 20 C.F.R. 416.2001 and 416.2095-.2099. Specifically, payment to individuals with developmental disabilities to purchase employment/day program services were found by SSA to be vendor payments and disallowed as SSP. Failure to comply with these requirements jeopardizes the department's ability to receive federal financial participation under Title XIX of the act. These rules create a new DDD program for individuals in employment/day programs, removes SSP funding for employment/day programs and provides funding to the counties for oversight of the use of these direct payments.

Reasons Supporting Proposal: To comply with legislative directives and to respond to concerns from the federal Social Security Administration.

Name of Agency Personnel Responsible for Drafting: Steve Brink, DDD, P.O. Box 45310, Olympia, WA 98504-5310, (360) 902-7716, brinksc@dshs.wa.gov; Implementation and Enforcement: Colleen Erskine, DDD, P.O. Box 45310, 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 Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

Amended rules include WAC 388-825-020, 388-825-055, 388-825-100, 388-825-120, 388-825-205, 388-825-252, 388-825-254, 388-850-035, and 388-850-045.

New rules include WAC 388-825-060, 388-825-065, 388-825-070, 388-825-075, 388-825-076, 388-825-077, 388-825-078, 388-825-085, 388-825-086, 388-825-087, 388-825-090, and 388-825-095.

No small business economic impact statement has been prepared under chapter 19.85 RCW. An SBEIS 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 financial eligibility for services from DDD.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on December 9, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by December 5, 2003, 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. on December 9, 2003.

Date of Intended Adoption: Not earlier than December 10, 2003.

October 15, 2003

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 03-22 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office