WSR 12-01-117



(Aging and Disability Services Administration)

[ Filed December 21, 2011, 9:48 a.m. ]

Subject of Possible Rule Making: The department is amending chapter 388-828 WAC, The division of developmental disabilities (DDD) assessment.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 General authority of secretary -- Rule adoption.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DDD is amending chapter 388-828 WAC to comply with the 2009-11 budget passed by the legislature which contains a proviso related to county programs and outcome based contracts.

The proviso requires DDD to develop and implement the use of a consistent, statewide outcome-based vendor contract for employment and day services as recommended by the joint legislative audit and review committee. In its description of activities the agency shall include activity listings and dollars appropriated for: Employment services, day services, child development services and county administration of services to the developmentally disabled.

The risk to not making this change in WAC is that the department may not collect federal funds related to these changes required by the legislature. This change is also needed to ensure that both chapters 388-828 and 388-845 WAC are synchronized as they reference each other. In addition, other changes may occur in response to the budget and DDD will also be making general housekeeping changes throughout chapter 388-828 WAC.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Alan McMullen, Program Manager, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3422, fax (360) 407-0955, TTY 1-800-833-6388, e-mail

December 21, 2011

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office