WSR 17-08-066 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed March 31, 2017, 3:07 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-23-029.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-845-1610 Where can respite care be provided? and 388-845-1615 Who are qualified providers of respite care?
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on May 9, 2017, at 10:00 a.m.
Date of Intended Adoption: Not earlier than May 10, 2017.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., May 9, 2017.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by April 26, 2017, phone (360) 664-6092, TTY (360) 664-6178, or email KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend these rules to remove references to overnight planned respite (OPR), which were mistakenly added to the sections under permanent rules filed previously as WSR 16-17-003. OPR is still an available service and is not impacted by these amendments. Other changes to these rules clarify language.
Reasons Supporting Proposal: These amendments are necessary to remove incorrect references to OPR. Emergency rules for these amendments have been filed as WSR 16-23-082 and 17-07-071.
Statutory Authority for Adoption: RCW 71A.12.030.
Statute Being Implemented: RCW 71A.12.030.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, (360) 407-1581; Implementation and Enforcement: Ann Whitehall, P.O. Box 45310, Olympia, WA 98504-5310, (360) 407-1551.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025, the proposed rules do not require preparation of a small business economic impact statement because these amendments correct errors and clarify language without substantive changes as described in RCW 34.05.310(4).
A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b(iv)) [(5)(b)(iv)], the proposed rules do not require preparation of a cost-benefit analysis because these amendments correct errors and clarify language.
March 29, 2017
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-17-003, filed 8/4/16, effective 9/4/16)
WAC 388-845-1610 Where ((can)) may respite care be provided?
(1) Respite care ((can)) may be provided in any of the following ((location)) licensed or certified settings that have a respite contract with the developmental disabilities administration (DDA):
(a) ((Individual's home or place of residence;
(b) Relative's home;
(c) Licensed children's foster home;
(d) Licensed, contracted and DDA certified group home;
(e) Licensed assisted living facility contracted as an adult residential center;
(f) Adult residential rehabilitation center;
(g) Licensed and contracted adult family home;
(h) Children's licensed group home, licensed staffed residential home, or licensed child care center;
(i) Other community settings such as camp, senior center, or adult day care center; and
(j) Certified overnight planned respite services home)) Adult family home;
(b) Assisted living facility;
(c) Child care center;
(d) Children's foster home;
(e) Children's group home;
(f) Group home;
(g) Group training home;
(h) Staffed residential home.
(2) Respite care may also be provided in:
(a) The individual's home or place of residence;
(b) The individual's relative's home; and
(c) Other DDA-contracted community settings such as a camp, senior center, and adult day care center.
(((2) Additionally,)) (3) Your respite care provider may take you into the community while providing respite services.
AMENDATORY SECTION (Amending WSR 16-17-003, filed 8/4/16, effective 9/4/16)
WAC 388-845-1615 Who ((are)) may be qualified providers of respite care?
Providers of respite care ((can)) may be any of the following individuals or agencies contracted with ((DDA)) the developmental disabilities administration (DDA) for respite care:
(1) Individuals ((meeting)) who meet the provider qualifications under chapter 388-825 WAC;
(2) Homecare/home health agencies((,)) licensed under chapter 246-335 WAC, Part 1;
(3) Licensed and contracted group homes, foster homes, child placing agencies, staffed residential homes, and foster group care homes;
(4) Licensed and contracted adult family homes;
(5) Licensed and contracted adult residential care facilities;
(6) Licensed and contracted adult residential treatment facilities under chapter 246-337 WAC;
(7) Licensed child care centers under chapter 170-295 WAC;
(8) Licensed child day care centers under chapter 170-295 WAC;
(9) Adult day care providers under chapter 388-71 WAC contracted with DDA;
(10) Certified ((provider)) providers under chapter 388-101 WAC when respite is provided within the DDA contract for certified residential services; or
(11) ((Certified overnight planned respite services providers under chapter 388-829R WAC; or
(12))) Other DDA contracted providers such as a community center, senior center, parks and recreation, and summer programs.
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