WSR 04-12-100



(Aging and Disability Services Administration)

[ Filed June 2, 2004, 11:12 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-08-071.

     Title of Rule: Chapter 388-825 WAC, Division of Developmental Disabilities Services rules.

     Purpose: The purpose of these rules is to clarify existing notification procedures currently in WAC 388-825-100. See Proposal Changes Existing Rules below for a list of new and amended rules in this proposal.

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

     Statute Being Implemented: RCW 71A.16.040.

     Summary: WAC 388-825-100 is revised and broken out into additional new subsections for clarify and to limit the entities required to receive notification.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Steve Brink, Division of Developmental Disabilities, P.O. Box 5310, Olympia, WA 98504-5310, (360) 902-7716,

     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 and Summary above.

     Proposal Changes the Following Existing Rules: WAC 388-825-100 is amended and broken out into the following new sections for clarity:

WAC 388-825-100 states how an individual will be notified of a department decision.
New WAC 388-825-101 states the reasons that the department may need to send notice [to] a third party.
New WAC 388-825-102 states what action the individual make take to limit notices to a third party.
New WAC 388-825-103 states when a notice will be sent.
New WAC 388-825-104 states what information will be included on the notice.
New WAC 388-825-105 states when advance notice will be given.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement 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. The proposed rules do not meet the definition of a "significant legislative rule" under RCW 34.05.328 (5)(c). These rules are procedural in nature, clarifying existing procedures and limiting the entities required to receive notification of department decisions and appeal rights.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on July 6, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by July 1, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail

     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, by 5:00 p.m., July 6, 2004.

     Date of Intended Adoption: Not earlier than July 7, 2004.

May 24, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 04-02-014, filed 12/29/03, effective 1/29/04)

WAC 388-825-100   ((Notification.)) How will I be notified of department decisions?   (1) ((The department shall notify the client or applicant, the parent when the client or applicant is a minor, or the guardian when the client or applicant is an adult, of the following decisions:

     (a) Denial or termination of eligibility set forth in WAC 388-825-030 and 388-825-035;

     (b) Development or modification of the individual service plan set forth in WAC 388-825-050;

     (c) Authorization, denial, reduction, or termination of services or funds paid directly to the client set forth in WAC 388-825-055 or payment of SSP set forth in chapter 388-827 WAC; and

     (d) Admission or readmission to, or discharge from, a residential habilitation center.

     (2) The notice shall set forth appeal rights pursuant to WAC 388-825-120 and a statement that the client's case manager can be contacted for an explanation of the reasons for the action.

     (3)(a) The department shall provide notice of a denial or partial authorization of a family support services request and a statement of reason for denial or partial authorization, or reduction to the person or persons described in subsection (1) of this section. The department shall send such notice no later than five working days before the end of the month previous to the month for which service was requested;

     (b) The department shall make available an administrative review of a decision to deny or partially authorize services upon receipt of a written request by a person or persons described in subsection (1) of this section to the administrator of the region in which the client is living. The regional office must receive a request for administrative review by the last working day of the month;

     (c) The client shall state in the written request why the client or client's family believes their service priority designation is not correct;

     (d) Upon receipt of request for administrative review, the regional administrator or designee shall review the request and the client file; and

     (e) The department shall send the results of the administrative review to the client and/or family within the first five working days of the service month for which the client is being denied or receiving a partial authorization for services.

     (4) The department shall provide at least thirty days' advance notice of action to terminate a client's eligibility, terminate or reduce a client's service, or discharge a client from a residential habilitation center to the community. Transfer or removal of a client from a service set forth in WAC 388-825-120 (5)(f) is governed by that section, and reduction of family support funding during the service authorization period is covered by subsection (3)(a) of this section.

     (5) All parties affected by such department decision shall be consulted, whenever possible, during the decision process by the responsible field services regional office in person and/or by telephone.

     (6) The division shall ensure notification to the school district in which a school-aged child is to be placed when a placement decision is reached)) Whenever possible, DDD will notify all parties affected by the decision by phone or in person.

     (2) Written notifications will be mailed to you and at least one other person in the following priority:

     (a) Your parent if you are under the age of eighteen;

     (b) Your guardian or other legal representative;

     (c) Other relatives;

     (d) An advocacy agency such as Washington Protection and Advocacy System;

     (e) A person who is not an employee of the department or to a person who contracts with the department.

     (3) If you are an adult and do not have a legal guardian, the department will ask you to identify someone else to receive these notices in addition to yourself.

[Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. 04-02-014, § 388-825-100, filed 12/29/03, effective 1/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. 02-16-014, § 388-825-100, filed 7/25/02, effective 8/25/02; 99-19-104, recodified as § 388-825-100, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030, 71A.12.040 and Title 71A RCW. 97-13-051, § 275-27-400, filed 6/13/97, effective 7/14/97. Statutory Authority: RCW 71.20.070. 88-05-004 (Order 2596), § 275-27-400, filed 2/5/88; 86-18-049 (Order 2418), § 275-27-400, filed 8/29/86; 84-15-058 (Order 2124), § 275-27-400, filed 7/18/84. Statutory Authority: RCW 72.01.090, 72.33.040, 72.33.125 and 72.33.165. 78-04-033 (Order 1280), § 275-27-400, filed 3/16/78; Order 1143, § 275-27-400, filed 8/11/76.]

WAC 388-825-101   Why does the department need to send my notices to someone else?   The department sends your notice to someone else, if needed, to have others assist you to understand the information and your appeal rights to department decisions.


WAC 388-825-102   What if I do not want my notices sent to anyone else?   (1) If you are an adult and do not have a legal guardian, you may request in writing that your notices be given only to you.

     (2) The department will review your request and comply with your request unless it determines there to be a risk of your losing rights.

     (3) You will be given appeal rights to a denial of this request.


WAC 388-825-103   When will I receive written notice of decisions made by DDD?   You will receive written notice from DDD of the following decisions:

     (1) The denial or termination of eligibility under WAC 388-825-030 and 388-825-035;

     (2) The authorization, denial, reduction, or termination of services or funds paid directly to you set forth in WAC 388-825-055 or the payment of SSP set forth in chapter 388-827 WAC that are authorized by DDD;

     (3) The admission or readmission to, or discharge from a residential habilitation center.


WAC 388-825-104   What information will the notice include?   The notice from DDD will include:

     (1) The decision;

     (2) The reason for the decision;

     (3) The effective date of the action;

     (4) Appeal rights to the decision; and

     (5) The name and phone number of a department person you can contact for further information.


WAC 388-825-105   Am I given any advance notice of termination or reduction or eligibility or services?   DDD will provide you at least thirty-days advance notice of any action to terminate your eligibility, terminate or reduce your services, or discharge you from a residential habilitation center.


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