Effective Date of Rule: September 1, 2012.

     Purpose: To add new sections to chapter 388-828 WAC, Division of developmental disabilities assessment, rules to be in compliance with the requirements of SSB 6384 and related federal waivers recently renewed through Centers for Medicare and Medicaid Services (CMS). These changes define the methodology used to determine eligibility for employment support services.

     Statutory Authority for Adoption: RCW 71A.12.030 General authority of secretary -- Rule adoption and 34.05.350 (1)(c), emergency rules and amendments.

     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; that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: The passing of SSB 6384 required coordination with CMS to agree on waiver language before we could develop new WAC language. This emergency filing adds new language that defines eligibility for employment services.

     September 1, 2012, is needed to be in compliance with the date CMS changes to the waiver [are] to take effect and to ensure continued funding. Changes are going through the permanent rule process, although will not be completed by September 1, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 8, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 8, Amended 0, Repealed 0.

     Date Adopted: August 28, 2012.

Katherine I. Vasquez

Rules Coordinator

     (1) Your employment support level determined as described in WAC 388-828-9205;

     (2) Your employment status determined as described in WAC 388-828-9330;

     (3) Your employment service level and employment service hours determined as described in WAC 388-828-9335;

     (4) Your employment service type;

     (5) You meet one of the conditions identified as described in WAC 388-828-9345 and require add-on hours identified in WAC 388-828-9350.

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     (1) "Working" when you meet one of the following conditions:

     (a) In the twelve months prior to your assessment:

     (i) You have been employed for nine consecutive months; and

     (ii) You have earned at least minimum wage.

     (b) You are currently self-employed and meet one of the following:

     (i) The activities of your employment meet the Internal Revenue Service (IRS) rules for a business;

     (ii) You have a business plan demonstrating feasibility as determined by the division of vocational rehabilitation or an impartial, agreed upon, third party business expert; or

     (iii) You are licensed, if required, and follow all local, state, and federal regulations and rules.

     (2) "Not working" when you do not meet either of the conditions for "working."

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If your employment support level in WAC 388-828-9205 is:	And you employment status in WAC 388-828-9330 is:	Then your employment service level is:	And your employment service hours per month are:
None	Working	A	0
	Not Working	B	0
Low	Working	C	4
	Not Working	D	7
Medium	Working	E	7
	Not Working	F	9
High	Working	G	11
	Not Working	H	12

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     (1) Individual supported employment:

     (a) Your employment services are provided in typical community-based settings;

     (b) The focus of employment services is on obtaining and/or maintaining integrated employment at or above the state's minimum wage in the general workforce; and

     (c) Your employment services are not shared with others.

     (2) Group supported employment:

     (a) Your employment services are provided in typical community-based settings;

     (b) The focus of employment services is on providing ongoing supervised employment that will lead to greater opportunities for competitive and integrated employment and career advancement at or above minimum wage; and

     (c) Your employment service provider works with you and others in a group setting.

     (3) Prevocational services:

     (a) Your employment services are:

     (i) Provided in specialized or segregated settings for individuals with developmental disabilities; and

     (ii) Include monthly employment related activities in the community.

     (b) Service and supports are designed to further habilitation goals that will lead to greater opportunities for competitive and integrated employment and career advancement at or above the state's minimum wage; and

     (c) Your employment service provider works with you and others in a group setting.

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     (1) You can independently find and maintain employment.

     (2) Your employment is stable and you need few support hours to maintain it.

     (3) You have natural supports from co-workers, family, friends, or others who support you in finding and maintaining a job.

     (4) Your job schedule does not require the full amount of supports allocated to your supported employment service level.

     (5) You choose to receive fewer hours of support than are allocated for your supported employment service level.

     (6) There are other factors in your employment plan which indicate you can find and maintain a job with fewer support hours.

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     (1) Your work schedule;

     (2) The number of jobs you have;

     (3) The appropriateness of job match;

     (4) Natural supports available to you on the job;

     (5) Health limitations;

     (6) Provider travel time and distance;

     (7) Behavioral or physical needs that may affect the safety of you and others while at work;

     (8) Other factors detailed in your employment plan which indicate a need for add-on hours to help you find or maintain a job.

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If you meet one of the conditions in WAC 388-828-9350 and your employment level is:	You are eligible to receive up to the following amount of add-on hours:
A	0
B	0
C	5
D	7
E	5
F	7
G	12
H	14

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     (a) You are beginning a new job;

     (b) There is a planned or unexpected change in your job or job duties;

     (c) Your current employment is at risk and short-term supports are needed to assist you in maintaining your current job; or

     (d) You are stuck on your pathway to employment and need individualized technical assistance.

     (2) Short-term employment supports may be authorized for a maximum of three months at a time and may be re-authorized when:

     (a) The circumstances identified in section WAC 388-828-9360(1) continue, evidenced by, receipt of a current employment work plan or review describing the need; and

     (b) Both your employment provider and county recommend continuing the use of short-term employment supports.

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