WSR 17-03-066

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 10, 2017, 2:50 p.m.]

Subject of Possible Rule Making: The department is proposing to amend chapter 388-827 WAC, State supplementary payment program, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030, 71A.12.120, 71A.12.140, 74.39.010.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is amending chapter 388-827 WAC, State supplementary payment program (SSP). These amendments will improve clarity and update policy. In accordance with ESSB 6052, section 205, 64th legislature (2015) and SSA-authorized state plan amendments, these amendments offer SSP to clients who received prevocational services as of September 1, 2015. A state plan amendment was authorized by the Social Security Administration which added prevocational legacy as an SSP payment. In order to keep in compliance with the state plan, these rules are being updated. In addition, the federal government requires that the department meet the SSP maintenance of effort (MOE). These rule changes are necessary to meet MOE and to prevent risk of losing federal funding by jeopardizing the medicaid program.

Prevocational services do not meet the CMS federal requirements as an integrated setting. SSP prevocational legacy will allow DDA clients to transition from prevocational services, which do not meet CMS requirements to access services in an integrated setting. SSP prevocational legacy may be used to purchase needed services, such as respite, and other community services. Amendments help the welfare of individuals transitioning from prevocational services to more integrated community services, and allow clients to more easily remain in the community setting, and less likely to enter into an institutional setting.

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 Chantelle Diaz, Developmental Disabilities Administration, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 407-1581, fax (360) 407-0955, TTY 1-800-833-6388, email DiazCM1@dshs.wa.gov.

January 10, 2017

Katherine I. Vasquez

Rules Coordinator