WASHINGTON STATE REGISTER

WSR 08-07-103

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed March 19, 2008, 10:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-09-046.

Title of Rule and Other Identifying Information: The department is amending and creating new sections in chapter 388-825 WAC, Division of developmental disabilities service rules.

Washington Administrative Code Effect of Rule Impact Small Business?

388-825-020 Definitions

"Abandonment" - repealed Definition is no longer used in this chapter. No

"Adolescent" - repealed Definition is no longer used in this chapter. No

"Attendant care" - repealed Definition is now contained in WAC 388-825-074. No

"Best interest" - repealed Definition is no longer used in this chapter. No

"Client or person" - amended Revises definition to correspond with other chapters. No

"Community support services" - repealed Definition is no longer used in this chapter. No

"Companion Home" - repealed Definition is now contained in chapter 388-829C WAC. No

"Division or DDD" - amended Adds the aging and disability services administration to the definition. No

"Emergency" - repealed Definition is no longer used in this chapter. No

"Exemption" - repealed Definition is no longer used in this chapter. No

"Family" - amended Revises definition of "family" to correspond with other chapters. No

"Family resource coordinator" - repealed Definition is no longer used in this chapter. No

"ICF/MR" - amended Clarifies the definition of ICF/MR. No

"Individual Support Plan (ISP)" - new Adds the definition of ISP. No

"Individual" - repealed Definition is no longer used in this chapter. No

"Individual alternative living" - repealed Definition is no longer used in this chapter. No

"Intelligence quotient score" - repealed Definition is no longer used in this chapter. No

"Intensive individual supported living support" - repealed Definition is no longer used in this chapter. No

"Medicaid personal care" - amended Corrects the cross-reference to chapter 388-106 WAC. No

"Nonresidential programs" - repealed Definition is no longer used in this chapter. No

"Nursing facility eligible" - repealed Definition is no longer used in this chapter. No

"Other resources" - repealed Definition is no longer used in this chapter. No

"Part C" - repealed Definition is no longer used in this chapter. No

"RHC capacity" - repealed Definition is no longer used in this chapter. No

"Residential programs - amended Corrects the types of programs considered to be residential and adds cross references. No

"Respite care" - amended Amends definition for consistency with other programs. No

"Vacancy" - repealed Definition is no longer used in this chapter. No

"Vulnerable adult" - repealed Definition is no longer used in this chapter. No

388-825-025 - repealed Exemptions are no longer valid. No

388-825-045 - repealed Section is broken down into more manageable sections later in this chapter. No

388-825-050 - repealed Individual service plans are no longer in use. No

388-825-055 - repealed Section is broken down into more manageable sections later in this chapter. No

388-825-056 - new Describes how DDD services benefit persons with developmental disabilities. No

388-825-057 - new Describes how eligibility for paid services is determined. No

388-825-0571 - new Describes the services available to persons under eighteen who are in a dependency guardianship or foster care with children's administration. No

388-825-058 - new Lists services that DDD may authorize. No

388-825-059 - new Clarifies that the individual support plan identifies the services and the amount to be received. No

388-825-061 - new Describes services for persons under the age of three. No

388-825-062 - new Defines the infant toddler early intervention program (ITEIP). No

388-825-063 - new Defines services available under ITEIP. No

388-825-065 - repealed Section is no longer applicable. No

388-825-066 - new Describes where program eligibility rules and service definitions for ITEIP can be found. No

388-825-067 - new Defines medicaid state plan services. No

388-825-068 - new Describes what medicaid state plan service that DDD can authorize. No

388-825-069 - new Describes service available under the DDD home and community based services (HCBS) waiver. No

388-825-071 - new Describes eligibility criteria for services for persons enrolled in a DDD HCBS waiver. No

388-825-072 - new Describes where information on DDD's HCBS waivers can be found. No

388-825-073 - new Defines "state-only funded" services. No

388-825-074 - new Describes eligibility for state-only funded services. No

388-825-079 - new Defines which HCBS waiver services that DDD can authorize with state-only funding for persons not on an HCBS waiver. No

388-825-080 - repealed Section is moved to WAC 388-825-098 and reworded. No

388-825-081 - new Defines which state-only funded services not available in a HCBS waiver that DDD can authorize. No

388-825-082 - new Lists and defines other state-only funded services that are not contained in other DDD rules. No

388-825-083 - new Lists all of the services available through DDD. No

388-825-084 - new Lists limitations of state-only services and programs. No

388-825-087 - new Lists out-of-home residential services that address the special needs of persons with developmental disabilities. No

388-825-088 - new Lists where additional information can be found about DDD contracted residential services. No

388-825-089 - new Defines residential habilitation centers (RHCs) and lists the RHCs' locations in the state. No

388-825-091 - new Defines the eligibility for RHC services. No

388-825-093 - new Defines when a person can receive a short-term stay at an RHC. No

388-825-094 - new Describes when a person can request to live in an RHC and how the request is processed. No

388-825-096 - new Describes what a person must pay toward the cost of DDD services. No

388-825-097 - new Describes what expenses can be deducted from income in determining participation. No

388-825-098 - new Moved from WAC 388-825-080 and reworded for clarity. No

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html

or by calling (360) 664-6094), on May 6, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 7, 2008.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by

5 p.m. on May 6, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 29, 2008, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments and new sections define and reorganize the rules governing the delivery of services to individuals with developmental disabilities.

Reasons Supporting Proposal: The definitions reorganization of the rules allow stakeholders to easily find the rules pertaining to specific programs and services.

Statutory Authority for Adoption: RCW 71A.12.030.

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: Shannon Manion, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail maniosk@dshs.wa.gov, (360) 725-3454, 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. See Title of Rule above.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Steve Brink, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, phone (360) 725-3416, fax (360) 404-0955, e-mail brinksc@dshs.wa.gov.

March 12, 2008

Stephanie E. Schiller

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 08-08 issue of the Register.

Washington Administrative Code	Effect of Rule	Impact Small Business?
388-825-020 Definitions
"Abandonment" - repealed	Definition is no longer used in this chapter.	No
"Adolescent" - repealed	Definition is no longer used in this chapter.	No
"Attendant care" - repealed	Definition is now contained in WAC 388-825-074.	No
"Best interest" - repealed	Definition is no longer used in this chapter.	No
"Client or person" - amended	Revises definition to correspond with other chapters.	No
"Community support services" - repealed	Definition is no longer used in this chapter.	No
"Companion Home" - repealed	Definition is now contained in chapter 388-829C WAC.	No
"Division or DDD" - amended	Adds the aging and disability services administration to the definition.	No
"Emergency" - repealed	Definition is no longer used in this chapter.	No
"Exemption" - repealed	Definition is no longer used in this chapter.	No
"Family" - amended	Revises definition of "family" to correspond with other chapters.	No
"Family resource coordinator" - repealed	Definition is no longer used in this chapter.	No
"ICF/MR" - amended	Clarifies the definition of ICF/MR.	No
"Individual Support Plan (ISP)" - new	Adds the definition of ISP.	No
"Individual" - repealed	Definition is no longer used in this chapter.	No
"Individual alternative living" - repealed	Definition is no longer used in this chapter.	No
"Intelligence quotient score" - repealed	Definition is no longer used in this chapter.	No
"Intensive individual supported living support" - repealed	Definition is no longer used in this chapter.	No
"Medicaid personal care" - amended	Corrects the cross-reference to chapter 388-106 WAC.	No
"Nonresidential programs" - repealed	Definition is no longer used in this chapter.	No
"Nursing facility eligible" - repealed	Definition is no longer used in this chapter.	No
"Other resources" - repealed	Definition is no longer used in this chapter.	No
"Part C" - repealed	Definition is no longer used in this chapter.	No
"RHC capacity" - repealed	Definition is no longer used in this chapter.	No
"Residential programs - amended	Corrects the types of programs considered to be residential and adds cross references.	No
"Respite care" - amended	Amends definition for consistency with other programs.	No
"Vacancy" - repealed	Definition is no longer used in this chapter.	No
"Vulnerable adult" - repealed	Definition is no longer used in this chapter.	No
388-825-025 - repealed	Exemptions are no longer valid.	No
388-825-045 - repealed	Section is broken down into more manageable sections later in this chapter.	No
388-825-050 - repealed	Individual service plans are no longer in use.	No
388-825-055 - repealed	Section is broken down into more manageable sections later in this chapter.	No
388-825-056 - new	Describes how DDD services benefit persons with developmental disabilities.	No
388-825-057 - new	Describes how eligibility for paid services is determined.	No
388-825-0571 - new	Describes the services available to persons under eighteen who are in a dependency guardianship or foster care with children's administration.	No
388-825-058 - new	Lists services that DDD may authorize.	No
388-825-059 - new	Clarifies that the individual support plan identifies the services and the amount to be received.	No
388-825-061 - new	Describes services for persons under the age of three.	No
388-825-062 - new	Defines the infant toddler early intervention program (ITEIP).	No
388-825-063 - new	Defines services available under ITEIP.	No
388-825-065 - repealed	Section is no longer applicable.	No
388-825-066 - new	Describes where program eligibility rules and service definitions for ITEIP can be found.	No
388-825-067 - new	Defines medicaid state plan services.	No
388-825-068 - new	Describes what medicaid state plan service that DDD can authorize.	No
388-825-069 - new	Describes service available under the DDD home and community based services (HCBS) waiver.	No
388-825-071 - new	Describes eligibility criteria for services for persons enrolled in a DDD HCBS waiver.	No
388-825-072 - new	Describes where information on DDD's HCBS waivers can be found.	No
388-825-073 - new	Defines "state-only funded" services.	No
388-825-074 - new	Describes eligibility for state-only funded services.	No
388-825-079 - new	Defines which HCBS waiver services that DDD can authorize with state-only funding for persons not on an HCBS waiver.	No
388-825-080 - repealed	Section is moved to WAC 388-825-098 and reworded.	No
388-825-081 - new	Defines which state-only funded services not available in a HCBS waiver that DDD can authorize.	No
388-825-082 - new	Lists and defines other state-only funded services that are not contained in other DDD rules.	No
388-825-083 - new	Lists all of the services available through DDD.	No
388-825-084 - new	Lists limitations of state-only services and programs.	No
388-825-087 - new	Lists out-of-home residential services that address the special needs of persons with developmental disabilities.	No
388-825-088 - new	Lists where additional information can be found about DDD contracted residential services.	No
388-825-089 - new	Defines residential habilitation centers (RHCs) and lists the RHCs' locations in the state.	No
388-825-091 - new	Defines the eligibility for RHC services.	No
388-825-093 - new	Defines when a person can receive a short-term stay at an RHC.	No
388-825-094 - new	Describes when a person can request to live in an RHC and how the request is processed.	No
388-825-096 - new	Describes what a person must pay toward the cost of DDD services.	No
388-825-097 - new	Describes what expenses can be deducted from income in determining participation.	No
388-825-098 - new	Moved from WAC 388-825-080 and reworded for clarity.	No

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