Effective Date of Rule: June 1, 2007.

     Purpose: The division of developmental disabilities (DDD) is filing this emergency rule to amend the current emergency rule (WSR 07-12-022) to ensure consistent application of rules across the programs.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-845-1605.

     Statutory Authority for Adoption: RCW 71A.12.30 [71A.12.030].

     Other Authority: Title 71A RCW.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: This emergency rule supersedes the current emergency rule WAC 388-845-1605 filed under WSR 07-12-022. Based on legislative action, this amended rule is necessary to ensure consistency in applying rules across DDD programs. The current emergency rule has language that conflicts with other department program rules. This filing amends the current emergency rule to ensure consistent application of rules across the programs.

     Without this emergency rule, clients may be incorrectly found eligible or ineligible for services or benefits.

     This rule is also necessary to implement the recommendations in a June 2003 performance audit by the joint legislative audit and review committee and to support chapter 388-828 WAC, which will become permanent on June 1, 2007. The DDD has had ongoing discussions with the federal Center for Medicare and Medicaid Services (CMS) and has received approval from CMS to amend its waivers under Section 1915 of the Social Security Act.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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 0, Amended 1, Repealed 0.

     Date Adopted: May 31, 2007.

Stephanie E. Schiller

Rules Coordinator

     (1) You live in a private home ((with an unpaid caregiver)) and no one living with you is paid to be your caregiver; ((or))

     (2) You live with a paid caregiver who is((:

     (a) A natural, step or adoptive parent;

     (b))) your natural, step or adoptive parent; or

     (3) You live with a caregiver who is paid by DDD to provide care to you and is:

     (a) A contracted companion home provider; or

     (((c))) (b) A licensed children's foster home provider.

[Statutory Authority: RCW 71A.12.030, 71A.12.12 [71A.12.120] and chapter 71A.12 RCW. 06-01-024, § 388-845-1605, filed 12/13/05, effective 1/13/06.]

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