WSR 10-07-123

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed March 23, 2010, 8:41 a.m. , effective March 23, 2010, 8:41 a.m. ]


Effective Date of Rule: Immediately.

Purpose: The department is amending WAC 388-832-0145 on an emergency basis to revise eligibility for respite services for individuals participating in the individual and family services program as directed by the legislature. This rule has been filed for permanent adoption.

Citation of Existing Rules Affected by this Order: Amending WAC 388-832-0145.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.040, 71A.12.161.

Other Authority: SB 5547, chapter 312, Laws of 2009 PV 61st legislature; chapter 34.05 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: The department was directed to implement, effective July 26, 2009 (SB 5547), changes to eligibility for respite for individuals participating in the individual and family services program. It is necessary to file the emergency rule to prevent clients or potential clients from being wrongly found ineligible for services or benefits. The CR-102 was filed on January 20, 2010, as WSR 10-03-107 and the public hearing was held on February 23, 2010. This rule has been filed for permanent adoption as WSR 10-07-122.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: March 22, 2010.

Katherine I. Vasquez

Rules Coordinator

4112.1
AMENDATORY SECTION(Amending WSR 08-16-121, filed 8/5/08, effective 9/5/08)

WAC 388-832-0145   Who is eligible to receive respite care?   You are eligible to receive respite care if you are approved for IFS program services and:

(1) You live in your family home and no one living with you is paid to be your caregiver((.));

(2) You ((live)) are an adult living in your family home with a ((paid caregiver who is your natural, step, or adoptive)) parent who provides personal care for you; or

(3) You are an adult living with a family member who has replaced your parent as your primary caregiver and who provides personal care to you.

[Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2007 c 283. 08-16-121, 388-832-0145, filed 8/5/08, effective 9/5/08.]

Washington State Code Reviser's Office