Subject of Possible Rule Making: The department is amending chapter 388-845 WAC, Division of developmental disabilities home and community based services waivers.

     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: Chapter 388-845 WAC is being amended to comply with federal and state law. Proposed updates include:

•	Rename ICF/MR to ICF/ID;
•	Rename behavior management and consultation and mental health stabilization;
•	Remove duplication of plan of care language;
•	Remove obsolete link and rule citations;
•	Eliminate skilled nursing services under mental health stabilization services;
•	Clarify residential setting to community transition services;
•	Clarify when individual support plan (ISP) is effective; and
•	Clarify intent of respite services.

     The changes that are reflected above are required to maintain compliance with the home and community based waiver programs for the division of developmental disabilities that was approved by the Centers for Medicare and Medicaid Services (CMS). This request for rule modification is to address obsolete language that is in conflict in all of the approved home and community based services (HCBS) waivers, clarify language to ensure that services are implemented consistent with services contained in the approved HCBS waiver program, or to update language that is no longer in compliance with federal and state law. These changes ensure the division is in compliance with the HCBS waiver program and to ensure the division can continue to collect federal financial match for the receipt of services.

     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) 725-3524, fax (360) 407-0955, TTY 1-800-833-6388, e-mail alan.mcmullen@dshs.wa.gov.

May 23, 2012

Katherine I. Vasquez

Rules Coordinator

© Washington State Code Reviser's Office