WSR 19-01-063
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed December 14, 2018, 2:26 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-11-117.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-828-9310 How does DDA determine the number of community access services hours you may receive each month?, 388-828-9330 How does DDA determine your employment status?, 388-828-9335 How does DDD determine your employment service level?, 388-828-9350 Are there conditions when DDA will authorize additional hours to your monthly employment service hours?, and 388-845-2100 What are supported employment services?
Hearing Location(s): On January 22, 2019, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (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.
Date of Intended Adoption: Not earlier than January 23, 2019.
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. January 22, 2019.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by January 8, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments replace "community access" with "community inclusion" to align with changes to chapter 388-845 WAC, change employment status verbiage from "in training/job development" to "working at subminimum wage or in job development," and remove provider travel time as a reason for authorizing additional employment hours.
Reasons Supporting Proposal: Amendments to WAC 388-828-9335 and 388-845-2100 make changes requested by stakeholders. Removing provider travel time and replacing "community access" with "community inclusion" align with waiver amendments approved by CMS.
Rule is necessary because of federal law, 42 U.S.C. Section 1396n(c).
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Branda Matson, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1522.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is required under RCW
34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email
Chantelle.Diaz@dshs.wa.gov.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(4) because the rules do not affect small businesses.
Explanation of exemptions: The proposed amendments impose no new or disproportionate costs on small businesses so a small business economic impact statement is not required.
December 13, 2018
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-03-174, filed 1/23/18, effective 2/23/18)
WAC 388-828-9310How does DDA determine the number of community ((access))inclusion services hours you may receive each month?
(1) The number of hours of community ((access))inclusion services you may receive each month is based on your community ((access))inclusion service level.
(2) The developmental disabilities administration (DDA) determines your community ((access))inclusion service level based on your support intensity scale (SIS) support needs index percentile ranking. DDA determines your SIS support needs index percentile ranking under WAC 388-828-4440 and as detailed in the following table:
SIS support needs index percentile | Community ((access))inclusion service level | Maximum service hours per month |
0 - 9th percentile | A | Up to 3 hours |
10th - 19th percentile | B | Up to 6 hours |
20th - 29th percentile | C | Up to 9 hours |
30th - 44th percentile | D | Up to 12 hours |
45th - 59th percentile | E | Up to 15 hours |
60th - 74th percentile | F | Up to 18 hours |
75th - 100th percentile | G | Up to 20 hours |
AMENDATORY SECTION(Amending WSR 18-03-174, filed 1/23/18, effective 2/23/18)
WAC 388-828-9330How does DDA determine your employment status?
(1) The developmental disabilities administration (DDA) considers your employment status "working" if:
(a) In the twelve months before your assessment:
(i) You have been employed for nine consecutive months; and
(ii) You have earned at least Washington state's minimum wage; or
(b) You are currently self-employed and:
(i) The activities of your employment meet the Internal Revenue Service (IRS) rules for a business;
(ii) You have a business plan demonstrating feasibility as determined by the division of vocational rehabilitation or an impartial, agreed upon, third-party business expert; and
(iii) You are licensed, if required, and follow all local, state, and federal regulations and rules.
(2) DDA considers your employment status (("in training/job development"))"working at sub-minimum wage or in job development" if you do not meet the conditions in subsection (1) of this section.
AMENDATORY SECTION(Amending WSR 13-01-076, filed 12/18/12, effective 1/18/13)
WAC 388-828-9335How does ((DDD))DDA determine your employment service level?
((DDD))DDA determines your employment service level using the following table:
If your employment support level in WAC 388-828-9205 is: | And your employment status in WAC 388-828-9330 is: | Then your employment service level is: | And your employment service hours per month are: |
None | Working | A | 0 |
| ((In Training/ Job Development))Working at sub-minimum wage or in job development | B | 0 |
Low | Working | C | 4 |
| ((In Training/ Job Development))Working at sub-minimum wage or in job development | D | 7 |
Medium | Working | E | 7 |
| ((In Training/ Job Development))Working at sub-minimum wage or in job development | F | 9 |
High | Working | G | 11 |
| ((In Training/ Job Development))Working at sub-minimum wage or in job development | H | 12 |
AMENDATORY SECTION(Amending WSR 18-03-174, filed 1/23/18, effective 2/23/18)
WAC 388-828-9350Are there conditions when DDA will authorize additional hours to your monthly employment service hours?
The developmental disabilities administration (DDA) may authorize additional hours to your monthly employment service hours when your employment support plan identifies a need for additional service hours related to:
(1) Your work schedule;
(2) The number of jobs you have;
(3) The appropriateness of your job match;
(4) Natural supports available to you on the job;
(5) Health limitations that affect your job;
(6) ((Provider travel time and distance to your job;
(7))) Behavioral or physical needs that may affect the safety of you and others while at work; or
(((8)))(7) Other factors in your employment plan that indicate a need for additional hours for a short-term volunteer opportunity, job development, or for you to maintain a job.
AMENDATORY SECTION(Amending WSR 18-03-174, filed 1/23/18, effective 2/23/18)
WAC 388-845-2100What are supported employment services?
(1) Supported employment services are for those interested in integrated gainful employment
and should facilitate paid employment that is covered by the Washington State Minimum Wage Act under chapter 49.46 RCW and the Fair Labor Standards Act under 29 U.S.C. Section 201. These services provide you with intensive ongoing support if you need individualized assistance to gain employment, maintain employment, or both. These services are tailored to your individual needs, interests, abilities, and promote your career development. These services are provided in individual or group settings and are available in the basic plus, core, and community protection waivers.
(2) Individual supported employment services include activities needed to sustain Washington state's minimum wage pay or higher. These services are conducted in integrated business environments and include the following:
(a) Intake: An initial meeting to gather and share basic information and a general overview of employment supports, resources in the community, and the type of available supports that the individual may receive;
(b) Discovery: A person-centered approach to learn the individual's likes and dislikes, job preferences, and employment goals and skills;
(c) Job preparation: Includes activities of work readiness resume development, work experience, volunteer support transportation training;
(d) Marketing: A method to identify and negotiate jobs, build relationships with employers, and customize employment development;
(e) Job coaching: The supports needed to keep the job; and
(f) Job retention: The supports needed to keep the job, maintain a relationship with employer, identify opportunities, and negotiate a raise in pay, promotion, or increased benefits.
(3) Group supported employment services are a step on your pathway toward gainful employment in an integrated setting and include:
(a) Supports and paid training in an integrated business setting;
(b) Supervision by a qualified employment provider during working hours;
(c) Groupings of no more than eight workers with disabilities; and
(d) Individualized supports to obtain gainful employment.