WSR 15-19-160 PREPROPOSAL STATEMENT OF INQUIRY DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed September 23, 2015, 10:00 a.m.]
Subject of Possible Rule Making: The department is considering amending WAC 388-825-315, 388-825-370 through 388-825-395, and other related rules as may be required.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In the Home Care Association of America, et. al. v. David Weil, et al. decision by the United States Court of Appeals, United States, for the District of Columbia, the court upheld new United States Department of Labor overtime rules. The new rules may require the department to pay overtime to individual providers who work more than forty hours per week. In order to ensure the cost-effective use of state funds and to maximize effective use of limited resources, the department is considering the adoption of rules that change the allocation of personal care hours from a monthly basis to a weekly basis and that describe how the department will respond when contractors submit invoices for services that exceed the weekly authorization.
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.
September 22, 2015
Katherine I. Vasquez
Rules Coordinator
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