WSR 10-08-082

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services)

[ Filed April 6, 2010, 2:56 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-07-062.

Title of Rule and Other Identifying Information: The department is amending WAC 388-831-0240 to maintain consistency with waiver rules in chapter 388-845 WAC regarding criteria for termination from the community protection program.

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 11, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 12, 2010.

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 11, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant by April 27, 2010, 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: These proposed amendments defined the criteria for termination from the community protection program. This is necessary in order to match the rules contained in chapter 388-831 WAC which contain waiver procedures.

Reasons Supporting Proposal: In order for the department to be in compliance with rules approved by the Federal Centers for Medicare and Medicaid Services under Section 1915(C) of the Social Security Act, it is necessary for the department to amend WAC 388-831-0240.

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

Statute Being Implemented: RCW 71A.12.030, 71A.12.120.

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: Meredith Kelly, 640 Woodland Square Loop, Olympia, WA 98504, (360) 725-3524; Implementation: Shirley Everard, 640 Woodland Square Loop, Olympia, WA 98504, (360) 725-3444; and Enforcement: Don Clintsman, 640 Woodland Square Loop, Olympia, WA 98504, (360) 725-3421.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.025(3) states that a small business economic impact statement is not required for several other types of rules including: (1) Emergency rules; (2) internal governmental rules; (3) rules adopting or incorporating, by references without material change, any of the following: Federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs unless they govern shorelines of state-wide significance or are referenced by state law or national consensus codes that establish generally accepted industry standards.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b) states the following types of rules do not require a cost-benefit analysis: (1) Emergency rules; (2) internal governmental rules; (3) rules adopting or incorporating, by references without material change, any of the following: Federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs unless they govern shorelines of state-wide significance or are referenced by state law or national consensus codes that establish generally accepted industry standards.

April 1, 2010

Katherine I. Vasquez

Rules Coordinator

4075.1
AMENDATORY SECTION(Amending WSR 08-20-118, filed 9/30/08, effective 10/31/08)

WAC 388-831-0240   Can I be terminated from the community protection program?   You may be terminated from the community protection program by the division if:

(1) You physically assault program participants, staff or others;

(2) You repeatedly elope from the program or evade supervision;

(3) You engage in illegal behavior of any kind; or

(4) You refuse to comply with program and/or treatment guidelines to the extent that your therapist determines you are not amenable to treatment; ((or)) and

(5) The division determines that your health and safety needs cannot be met in the program.

[Statutory Authority: RCW 71A.12.030 and 2006 c 303. 08-20-118, 388-831-0240, filed 9/30/08, effective 10/31/08.]

Washington State Code Reviser's Office