WSR 14-22-083

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 3, 2014, 3:13 p.m.]

Subject of Possible Rule Making: Chapter 388-823 WAC, Developmental disabilities administration intake and eligibility determination; chapter 388-825 WAC, Developmental disabilities service rules; chapter 388-831 WAC, Community protection program; and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.140, 74.39A.400, 74.39.010, 74.08.090, 74.09.520, 74.36.110, ESHB 2746.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 2746 requires DSHS to refinance personal care services and establish a 1915(k) Community First Choice Option (CFCO) program per §1915(k) of the Social Security Act. To that end, DSHS will develop a state plan amendment. These rules will define the scope and eligibility of the new 1915(k) services as provided by the developmental disabilities administration. Other WAC chapters may need to be updated in order to implement the CFCO. Housekeeping changes may also be made.

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, Developmental Disabilities Administration, 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.

November 3, 2014

Katherine I. Vasquez

Rules Coordinator