WSR 08-07-018

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed March 7, 2008, 3:07 p.m. , effective March 7, 2008, 3:07 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The division of developmental disabilities (DDD) is proposing this emergency rule to amend chapter 388-828 WAC to ensure consistency with the legislature's request to collect data on family income for minor children with developmental disabilities and all individuals who are receiving state-only funded services and remove the penalty for not reporting income information.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-828-1240, 388-828-1260 and 388-828-1280; and amending WAC 388-828-1200, 388-828-1220, and 388-828-1300.

Statutory Authority for Adoption: RCW 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.

Reasons for this Finding: This emergency rule amends chapter 388-828 WAC to remove penalties for clients and their families that decline to provide income information when receiving the DDD assessment. Without this emergency rule, clients may be incorrectly found ineligible for services or benefits. This rule is also necessary to implement the conditions and limitations set by the legislature when appropriating funding for DDD programs in the Washington state's 2007-2009 budget (section 205, chapter 522, Laws of 2007). The legislature requested that DDD collect data on family income for families with minor children with developmental disabilities and all individuals who are receiving state-only funded services. The department is extending the emergency rule filed as WSR 07-15-054. This rule was formally proposed on February 15, 2008, as WSR 08-05-097.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 3, Repealed 3.

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 3, Repealed 3.

Date Adopted: February 29, 2008.

Stephanie E. Schiller

Rules Coordinator

3899.2
AMENDATORY SECTION(Amending WSR 07-10-029, filed 4/23/07, effective 6/1/07)

WAC 388-828-1200   ((Will DDD ask your family to disclose)) Who does DDD ask to disclose financial ((and dependent)) information?   When administering the DDD assessment, DDD ((will only)) is required to ask for ((information regarding your family's)) annual gross income information ((and the number of household dependents when)) from:

(1) Your family, if:

(a) You are age seventeen or younger; and

(((2)))(b) Your family has not made a request for your admission to a residential habilitation center (RHC)((.)), or

(2) You, if:

(a) You are age eighteen or older, and

(b) You are receiving state-only funded services.

[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, 388-828-1200, filed 4/23/07, effective 6/1/07.]


AMENDATORY SECTION(Amending WSR 07-10-029, filed 4/23/07, effective 6/1/07)

WAC 388-828-1220   Will DDD require ((your family to provide supporting documentation of their annual gross income and number of household dependents)) the reported annual gross income to be verified with supporting documentation?   DDD accepts ((your family's)) a verbal report of annual gross income and does not require ((your family to provide)) supporting documentation ((of their annual gross income and number of household dependents)) to verify the reported information.

[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, 388-828-1220, filed 4/23/07, effective 6/1/07.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-828-1240 What does DDD do when family income and household dependent information are not provided?
WAC 388-828-1260 What action will DDD take if your family does not report income and dependent information?
WAC 388-828-1280 How will your access to, or receipt of, DDD HCBS waiver services be affected if your family does not report family income and dependent information?

AMENDATORY SECTION(Amending WSR 07-10-029, filed 4/23/07, effective 6/1/07)

WAC 388-828-1300   How will your access to, or receipt of, ((Medicaid personal care)) DDD paid services, private duty nursing services, or SSP be affected if ((your family does not report family)) income ((and dependent)) information is not reported?   Your access to, or receipt of, ((Medicaid personal care)) DDD paid services per ((chapter 388-106)) WAC 388-828-1440, Private duty nursing services for children seventeen years of age and younger per WAC 388-551-3000, or SSP per chapter 388-827 WAC is not affected if ((your family does not report)) income ((and dependent)) information is not reported.

[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, 388-828-1300, filed 4/23/07, effective 6/1/07.]

Washington State Code Reviser's Office