WSR 07-24-065

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed December 4, 2007, 9:52 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-09-013.

Title of Rule and Other Identifying Information: The department is amending chapter 388-845 WAC, Division of developmental disabilities home and community based services waivers, WAC 388-845-1605 Who is eligible to receive respite care?

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. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), January 8, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than January 9, 2007 [2008].

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 DSHSRULESCOORDINATOR@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on January 8, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 28, 2007, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule defines who is eligible to receive respite care services under the DDD home and community based services waiver.

Reasons Supporting Proposal: This rule is necessary to ensure consistent application of the rules across the programs administered by DDD. Without this rule, clients may incorrectly be found eligible or ineligible for respite services.

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: Christy Seligman, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail seligcl@dshs.wa.gov, (360) 725-3445, fax (360) 404-0955; and Enforcement: Don Clintsman, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail clintdl@dshs.wa.gov, (360) 725-3421, fax (360) 404-0955.

No small business economic impact statement has been prepared under chapter 19.85 RCW. DDD has determined that these rules do not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is not a significant rule and therefore is exempt from a cost benefit analysis pursuant to RCW 34.05.328 (5)(c)(3) [(iii)].

November 21, 2007

Stephanie E. Schiller

Rules Coordinator

3887.1
AMENDATORY SECTION(Amending WSR 06-01-024, filed 12/13/05, effective 1/13/06)

WAC 388-845-1605   Who is eligible to receive respite care?   ((The person providing your care is)) You are eligible to receive respite care if you are in the Basic, Basic Plus or CORE waiver and:

(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.]

Washington State Code Reviser's Office