WSR 15-15-036 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed July 8, 2015, 10:53 a.m., effective August 8, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: Changes to WAC 388-837-9005 What is the purpose of this chapter? and 388-837-9030 What rights are available to a resident regarding a proposed transfer from one RHC to another RHC?, are willingly being made to comply with goals stated in RCW 44.04.280, by replacing demeaning language with respectful language. This was done by using respectful language when referring to individuals with disabilities by replacing all instances of MR and mental retardation to ID and intellectual disability. Other housekeeping changes were also made to reflect agency reorganization. None of the changes resulted in any changes to policy, eligibility, or processes.
Citation of Existing Rules Affected by this Order: Amending WAC 388-837-9005 and 388-837-9030.
Statutory Authority for Adoption: RCW 71A.12.030.
Other Authority: RCW 44.04.280.
Adopted under notice filed as WSR 15-07-053 on March 13, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: July 6, 2017.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 04-16-018, filed 7/23/04, effective 8/23/04)
WAC 388-837-9005 What is the purpose of this chapter?
(1) The purpose of this chapter is to establish rules authorized by Title 71A RCW for RHC ICF/((MR))ID programs, rules that:
(a) Regulate the purchase and provision of services in state operated intermediate care facility for ((the mentally retarded)) those with an intellectual disability (ICF/((MR))ID); and
(b) Assure adequate ICF/((MR))ID care, service, and protection are provided through certification procedures; and
(c) Establish standards for providing habilitative training, health-related care, supervision, and residential services to eligible persons.
(2) Except where specifically referenced, this chapter supersedes and replaces any and all sections affecting ICF/((MR))ID facilities or programs contained in chapter 388-96 WAC.
(3) Except as referenced, definitions in WAC 388-835-0010 apply to this chapter.
AMENDATORY SECTION (Amending WSR 04-16-018, filed 7/23/04, effective 8/23/04)
WAC 388-837-9030 What rights are available to a resident regarding a proposed transfer from one RHC to another RHC?
(1) A resident, their guardian, next-of-kin, or responsible party must be notified in writing at least thirty days before any transfer occurs.
(2) The transfer notice must include the reason for the proposed transfer.
(3) A resident, their guardian, next of kin, or responsible party has a right to an informal administrative review before the ((division director)) assistant secretary or designee.
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