WSR 06-07-074

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed March 13, 2006, 4:22 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-03-116.

Title of Rule and Other Identifying Information: Chapter 388-825 WAC, Division of developmental disabilities service rules; amending WAC 388-825-105, 388-825-130, 388-825-145, and 388-825-155.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on April 25, 2006, at 10:00 a.m.

Date of Intended Adoption: Not earlier than April 26, 2006.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., April 25, 2006.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by April 21, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules are necessary to amend WAC 388-825-105, 388-825-130, 388-825-145 and 388-825-155 to conform to RCW 71A.20.080. These rules amend the procedural time frames for providing notice to residents of a resident of a state residential habilitation center (RHC) being transferred to the community, amend the procedures for requesting appeals by a resident of a state RHC being transferred to the community and amend the period of time that the department must wait before implementing a decision to transfer a resident of a state RHC to the community.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: RCW 71A.12.030 and 71A.20.080.

Statute Being Implemented: Title 71A RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Steve Brink, P.O. Box 5310, Olympia, WA 98507-5310, (360) 725-3471; Implementation: Harlan Soloman, P.O. Box 5310, Olympia, WA 98507-5310, (360) 725-3441; and Enforcement: Donald Clintsman, P.O. Box 5310, Olympia, WA 98507-5310, (360) 725-3421.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. These are "procedural rules" under RCW 34.05.328 (5)(c), which defines procedures related to agency hearings and therefore are exempt as they are not "significant legislative rules" by definition.

March 8, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

3637.1
AMENDATORY SECTION(Amending WSR 04-15-093, filed 7/16/04, effective 8/16/04)

WAC 388-825-105   Am I given any advance notice of termination or reduction or eligibility or services?   (1) DDD will provide you at least ((thirty-days)) ten-days advance notice, as described in WAC 388-458-0040 (1), (2) and (3), of any action to terminate your eligibility, or terminate or reduce your services((, or discharge))

(2) DDD will provide you at least thirty-days advance notice prior to transferring you from a residential habilitation center to the community under RCW 71A.20.080.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, and 71A.16.040. 04-15-093, 388-825-105, filed 7/16/04, effective 8/16/04.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-130   How long do I have to file a request for an administrative hearing?   (1) The following rules apply to all situations except a decision to transfer you from a state residential habilitation center (RHC) to the community under RCW 71A.20.080. The rules for administrative hearings regarding the department's decision to transfer you from an RHC to the community are contained in WAC 388-825-155.

(2) You have to request an administrative hearing within ninety days of receipt of the notification of the decision you are disputing.

(((2))) (3) You must request an administrative hearing within the ten-day notice period, as described in WAC 388-458-0040 (1), (2) and (3), if you wish to maintain current services during the appeal process.

(((3))) (4) The notification sent to you will include the date that the ten-day notice period ends.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, 388-825-130, filed 8/19/05, effective 9/19/05.]


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-145   Will my benefits continue if I request an administrative hearing?   (1) If you request an administrative hearing regarding the department's decision to transfer you from a residential habilitation center to the community under RCW 71A.20.080, the rules in WAC 388-825-155 apply.

(2) If you request an administrative hearing within the ten-day notice period, as described in chapter 388-458 WAC, unless one or more of the conditions in WAC 388-825-150 applies, the department will take no action until there is a final decision on your appeal of the department's decision to:

(a) Terminate your eligibility;

(b) Reduce or terminate your services; or

(c) Reduce or terminate the payment of SSP set forth in chapter 388-827 WAC.

(((2))) (3) The department will take no action until there is a final decision on your appeal of the department's decision to remove or transfer you to another residential service unless one or more of the conditions in WAC 388-825-150 applies.

(((3))) (4) The department will take no action to terminate your provider of choice unless one or more of the circumstances described in WAC 388-825-150 applies.

(((4))) (5) After the administrative hearing, you may have to pay back continued benefits you get, as described in chapter 388-410 WAC, if the administrative hearing decision is in favor of the department.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, 388-825-145, filed 8/19/05, effective 9/19/05.]


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-155   What are my appeal rights if I am appealing a decision to ((move)) transfer me from a state residential habilitation center to the community?   (1) The procedures in RCW 71A.10.050(2) and RCW 71A.20.080 govern the proceeding.

(((1))) (2) You have thirty days from date that you receive notice to request an administrative hearing appealing the department's decision to transfer you from a residential habilitation center to the community under RCW 71A.20.080.

(3) The department will take no action ((until there is a final decision on your appeal to move you from a state residential habilitation center to the community)) to transfer you from a state residential habilitation center to the community under RCW 71A.20.080 during the period that an appeal can be requested or while an appeal is pending and undecided unless you or your legal representative consent, or a court order authorizes the transfer, or ((the)) an administrative law judge or review judge rules that you ((have caused an unreasonable delay in the proceedings.

(2))) are not diligently pursuing your appeal.

(4) The burden of proof is on the department.

(((3))) (5) The burden of proof is whether the proposed placement is in your best interest.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, 388-825-155, filed 8/19/05, effective 9/19/05.]

Washington State Code Reviser's Office