Date Adopted: December 24, 2003.

     Purpose: The Division of Developmental Disabilities (DDD) will establish a new program for individuals in need of employment/day program services. Under existing rules, employment and day program services were paid as state supplementary payments or through the counties. These rules identify a new program whereby DDD will pay individuals directly with state-only funds and require that these individuals purchase the necessary employment/day program services. When effective, these rules will replace the emergency rules filed as WSR 04-01-144.

     Citation of Existing Rules Affected by this Order: Amending 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.

     Statutory Authority for Adoption: RCW 71A.12.030.

     Other Authority: RCW 71A.10.020, 2001-03 Supplemental Budget ESSB 6387 (chapter 371, Laws of 2002).

      Adopted under notice filed as WSR 03-21-156 on October 22, 2003.

     Changes Other than Editing from Proposed to Adopted Version: The term "community alternatives program (CAP) waiver" was changed to "home and community based services (HCBS) waiver administered by DDD" in WAC 388-825-060, 388-825-205, and 388-825-252. The changes were made because The Community Alternatives Program waiver is expiring and will be replaced with new HCBS waivers.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 12, Amended 9, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 12, Amended 9, Repealed 0.

     Effective Date of Rule: Thirty-one days after filing.

December 24, 2003

Jim Schnellman

for 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 04-03 issue of the Register.