Effective Date of Rule: Thirty-one days after filing.

     Purpose: The division of developmental disabilities (DDD) is adopting new sections and amending others in chapter 388-845 WAC to comply with federal and state laws. These changes are required to maintain compliance with home and community based waiver programs for DDD that was approved by the Centers for Medicare and Medicaid Services (CMS). This also addresses 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 and consistent with services contained in the approved HCBS waiver program, or to update language that is no longer in compliance with federal and state laws. 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.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-845-0005, 388-845-0010, 388-845-0030, 388-845-0045, 388-845-0050, 388-845-0060, 388-845-0070, 388-845-0105, 388-845-0310, 388-845-0400, 388-845-0405, 388-845-0410, 388-845-0500, 388-845-0501, 388-845-0510, 388-845-0750, 388-845-0900, 388-845-1100, 388-845-1155, 388-845-1160, 388-845-1310, 388-845-1600, 388-845-1605, 388-845-1610, 388-845-1615, 388-845-1620, 388-845-1710, 388-845-1800, 388-845-1900, 388-845-1910, 388-845-2000, 388-845-2200, 388-845-3000, 388-845-3055, 388-845-3056, 388-845-3060, 388-845-3061, 388-845-3062, 388-845-3065, 388-845-3070, 388-845-3075, 388-845-3080, 388-845-3085, 388-845-4000, and 388-845-4005.

     Statutory Authority for Adoption: RCW 71A.12.030, 74.08.090.

     Other Authority: SSB 6384, RCW 71A.12.030, 74.08.090.

      Adopted under notice filed as WSR 12-17-036 on August 7, 2012.

     Changes Other than Editing from Proposed to Adopted Version: The department has removed some of the sections that were originally proposed. Those sections are not being permanently adopted at this time. The sections that are being permanently adopted have not changed since being proposed under WSR 12-17-036.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 45, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 2, Amended 45, Repealed 0.

     Date Adopted: January 22, 2013.

Katherine I. Vasquez

Rules Coordinator

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 13-05 issue of the Register.