WSR 17-08-102 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed April 5, 2017, 11:36 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-04-083.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-845-0603 Who is eligible to receive community access services?
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, 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 amending WAC 388-845-0603 to clarify the eligibility requirements and the nine-month supported employment exceptions for community access services.
Reasons Supporting Proposal: These amendments are necessary to protect public health, safety, and welfare.
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: Branda Matson, P.O. Box 45310, Olympia, WA 98504-5310, (360) 407-1522.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendments clarify the language of the rule as described under RCW 34.05.310 (4)(d). The amendments clarify eligibility requirements and the nine-month supported employment exceptions for community access services.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed amendments clarify the language of the rule and are not a significant legislative rule under RCW 34.05.328 (5)(b)(iv).
April 5, 2017
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-24-045, filed 11/26/13, effective 1/1/14)
WAC 388-845-0603 Who is eligible to receive community access services?
You are eligible ((to receive)) for community access services ((when)) if you are enrolled in the basic plus or core waivers and ((you meet one of the following conditions below)):
(1) You are ((age)) sixty-two or older; or
(2) You ((are twenty-one or older)) meet age requirements under WAC 388-845-2110(1) and;
(a) You have participated in ((a DDA)) the developmental disabilities administration (DDA's) supported employment ((program)) services for nine consecutive months; or
(((3) You and/or your legal representative request that DDA grant an exception, per chapter 71A.12 RCW, to the requirement that you participate in an employment program for nine months prior to transitioning to a community access service)) (b) DDA has determined that you are exempt from the nine-month DDA supported employment service requirement because:
(((a) You have a)) (i) Your medical or behavioral health records document a condition that ((requires hospitalization or ongoing care by a medical professional and that affects your ability to participate in daily activities to the degree that employment would:)) prevents you from completing nine consecutive months of DDA supported employment services; or
(((i) Result in a significant decline in your ability to function; or))
(ii) ((Seriously endanger your health.
(b))) You ((have been available for employment planning activities and an employment provider has)) were referred to and were available for DDA supported employment services, but the service was not ((provided services)) delivered within ninety days of ((your request for employment services)) the referral.
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