WSR 07-03-062

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed January 16, 2007, 2:03 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-23-070.

Title of Rule and Other Identifying Information: WAC 388-825-150 When can the department proceed to take action during my appeal? and 388-827-0140 What are my appeal rights if DDD determines that I am not eligible for DDD/SSP?

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 February 27, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than February 28, 2007.

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 schilse@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on February 27, 2007.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by February 23, 2007, 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: The purpose of these amendments is to clarify a client's right to an administrative hearing and to move the language in WAC 388-827-0140(2) to 388-825-150.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 71A.12.030.

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, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail brinksc@dshs.wa.gov, (360) 725-3416, fax (360) 404-0955; Implementation: Meredith Kelly, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail kellymj@dshs.wa.gov, (360) 725-3524, fax (360) 404-0955; and Enforcement: Doug Washburn, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail washbdc@dshs.wa.gov, (360) 725-3452, fax (360) 404-0955.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The division of developmental disabilities has determined that these rules do not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. These rules clarify the language of an existing rule without changing the effect and are exempt from a cost-benefit analysis per RCW 34.05.328 (5)(b)(vii).

January 11, 2007

Jim Schnellman, Chief

Office of Administrative Resources

3818.1
AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-150   When can the department proceed to take action during my appeal?   The department will proceed to take action during your appeal if:

(1) It is an eligibility denial and you are not currently an eligible client.

(2) Your DDD eligibility has expired, per WAC 388-823-0010 and 388-823-1040.

(3) There is no longer funding for state-only funded service.

(4) Your current services are terminated or transferred in order to meet the legislative intent of and comply with sections 205 and 207, chapter 371, Laws of 2002.

(5) The state-only funded service no longer exists, the Medicaid state plan has been amended, or the HCBS waiver agreement with the federal Centers for Medicare and Medicaid has been amended.

(((5))) (6) The administrative law judge or review judge rules that you have caused unreasonable delay in the proceedings.

(((6))) (7) You are in imminent jeopardy.

(((7))) (8) Your provider is no longer qualified to provide services due to:

(a) A lack of a contract;

(b) Decertification;

(c) Revocation or suspension of a license; or

(d) Lack of required registration, certification, or licensure.

(((8))) (9) The parent of a person under the age of eighteen or the legal guardian approves the department's decision.

(((9))) (10) You did not file your request for an administrative hearing within the ten-day notice period, as described in chapter 388-458 WAC.

(((10))) (11) You:

(a) Tell us in writing that you do not want continued benefits;

(b) Withdraw your administrative hearing request in writing; or

(c) Do not follow through with the administrative hearing process.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, 388-825-150, filed 8/19/05, effective 9/19/05.]


AMENDATORY SECTION(Amending WSR 04-02-015, filed 12/29/03, effective 1/29/04)

WAC 388-827-0140   What are my appeal rights if DDD determines that I am not eligible for DDD/SSP?   (((1))) You have the right to appeal the department's denial, termination, or reduction of ((services)) your SSP. Your rights to an ((adjudicative proceeding)) administrative hearing are contained in WAC 388-825-120 through WAC 388-825-165.

(((2) Your current services will not be continued while the matter is being appealed if the service termination or transfer is for a specific group of clients in order to meet the legislative intent of and comply with sections 205 and 207, chapter 371, Laws of 2002.))

[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, 388-827-0140, filed 12/29/03, effective 1/29/04.]

Washington State Code Reviser's Office