WSR 08-03-063

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed January 14, 2008, 1:30 p.m. , effective January 14, 2008, 1:30 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: The division of developmental disabilities (DDD) is filing this emergency rule to extend the emergency rule filed as WSR 07-20-060. This rule is necessary to ensure consistent application of the rules across the programs administered by DDD.

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

     Statutory Authority for Adoption: RCW 71A.12.30 [71A.12.030], 71A.12.120.

     Other Authority: Title 71A RCW.

     Under RCW 34.05.350 the agency for good cause finds 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: These emergency rules extend the emergency rules filed as WSR 07-20-060 as the department proceeds to adopt the rules on a permanent basis. A public hearing was held on January 8, 2008, and the rules will become permanent no later than February 29, 2008. Based on legislative action, this amendment is necessary to ensure consistency across programs administered by DDD. Without this rule, clients may incorrectly be found eligible or ineligible for services or benefits.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: January 9, 2008.

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.]

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