WSR 25-08-025
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed March 25, 2025, 12:33 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 24-18-103.
Title of Rule and Other Identifying Information: WAC 388-825-020 Definitions, 388-825-096 Will I have to pay for the services DDA authorizes for me?, 388-825-120 When may I appeal a decision made by the developmental disabilities administration?, 388-825-0571 What services am I eligible to receive from DDA if I am under the age of eighteen, have been determined to meet DDA eligibility requirements, and I am in a dependency guardianship or foster care with children's administration? (repeal), 388-828-1020 What definitions apply to this chapter?, 388-828-1340 After administering the DDA assessment, when will DDA inform me of the services I am eligible to receive?, 388-828-1540 Who participates in your DDA assessment?, 388-828-5120 What is the DDA caregiver status acuity scale?, 388-828-5140 How is information in the DDA caregiver status acuity scale used by DDA?, 388-828-5160 When is a collateral contact an informal caregiver?, 388-828-5180 When is a collateral contact a formal caregiver?, 388-828-5920 What is the respite assessment?, 388-828-5940 Are there any exceptions when the respite assessment is not used to determine the number of hours for waiver respite services?, 388-828-5980 How does DDA determine your respite assessment level?, 388-842-0001 What is the residential habilitation for dependent youth program?, 388-842-0005 What definitions apply to this chapter?, 388-842-0010 Who is eligible for the residential habilitation for dependent youth program?, 388-842-0015 How does the provider determine if they can safely meet a client's needs?, 388-842-0020 May a client age 18 or older continue to access the RHDY program?, 388-842-0025 Who can be a RHDY program provider?, 388-842-0030 Must a RHDY provider be certified?, 388-842-0035 Is a site visit required and what does DDA review during a site visit?, 388-842-0040 What training must a children's state-operated living alternative provider complete?, 388-842-0045 What training must a staffed residential home provider complete?, 388-842-0060 What water temperature safety measures must be met?, 388-842-0065 What infection control practices must the provider implement?, 388-842-0070 What are the fire drill requirements for providers?, 388-842-0075 What must the provider do to prepare for emergency evacuations?, 388-842-0080 What are the requirements for storing chemicals and other substances?, 388-842-0085 How must the provider store medication?, 388-842-0090 When and how must the provider dispose of medication?, 388-842-0095 What must the provider do if a client declines a prescribed medication?, 388-842-0110 What fire safety requirements must the facility meet?, 388-842-0115 What other requirements must the facility meet?, 388-842-0120 When must an individual instruction and support plan be developed or revised?, 388-842-0125 What requirements must the individual instruction and support plan meet?, 388-842-0140 What are the quarterly report requirements?, 388-842-0145 Must the provider keep a record of a client's property?, 388-842-0150 What records must the provider keep and how long must the records be retained?, 388-842-0165 What is the RHDY acknowledgment?, 388-842-0170 What is a RHDY engagement plan?, 388-842-0175 What are DDA's responsibilities for a client in the RHDY program?, 388-842-0180 What are the provider's responsibilities for a client in the RHDY program?, 388-842-0185 What are DCYF's responsibilities for a client in the RHDY program?, 388-842-0190 How must the provider obtain medical care for a client?, 388-842-0195 What is a provider's responsibility to engage in dependency court proceedings?, 388-842-0205 What must a client pay toward the cost of the RHDY program?, 388-842-0210 How does DDA determine the rate to support a client in the RHDY program and when may it be updated?, 388-842-0215 What must DCYF pay when a client is in the RHDY program?, 388-842-0220 What costs does the HCBS waiver cover when a client is in the RHDY program?, 388-842-0230 What happens if a provider decides to stop providing services to a client?, 388-842-0235 What happens if a client's dependency is closed, or the placement is changed to in-home while the client is in the RHDY program?, 388-842-0250 Who may appeal a DDA action?, 388-845-0001 Definitions, 388-845-0030 Do I meet criteria for HCBS waiver-funded services?, 388-845-0045 When there is capacity to add people to a waiver, how does DDA determine who will be enrolled?, 388-845-0055 How do I remain eligible for the waiver?, 388-845-0060 Can your waiver enrollment be terminated?, 388-845-0100 What determines which waiver I am assigned to?, 388-845-0110 What are the limits to the waiver services you may receive?, 388-845-0111 Are there limits to who can provide waiver services?, 388-845-0760 Are there limits to community transition services I can receive?, 388-845-0955 Are there limits to the remote support I may receive?, 388-845-1162 Who are qualified providers of music therapy?, 388-845-1515 Are there limits to the residential habilitation services I may receive?, 388-845-1607 Can someone who lives with you be your respite provider?, 388-845-1620 Are there limits to the respite care you may receive?, 388-845-2000 What is staff and family consultation?, 388-845-2010 Are there limits to the staff and family consultation you may receive?, 388-845-2019 What modifications to waiver services apply during the COVID-19 outbreak? (repeal), 388-845-2200 What are transportation services?, 388-845-3015 How is the waiver respite assessment administered?, and 388-845-3095 Will I have to pay toward the cost of waiver services?
Hearing Location(s): On May 27, 2025, at 10:00 a.m., virtually via Teams or call in. See the department of social and health services (DSHS) website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.
Date of Intended Adoption: No earlier than May 28, 2025.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, beginning noon on March 26, 2025, by 5:00 p.m. on May 27, 2025.
Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, fax 360-664-6185, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by 5:00 p.m. on May 13, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes align with home and community-based services waiver amendments as approved by the federal Centers for Medicare and Medicaid Services (CMS).
Primary waiver amendments:
These amendments add: Waiver eligibility for children and youth age 20 and younger who are subject to a court dependency or a similar proceeding in a tribal court or are receiving extended foster care services from the department of children, youth, and families or from a tribe in Washington state; technical information about service plan collaboration; and teleservice delivery as a service delivery method for some services.
These amendments adjust: Waiver enrollment limits; language about cross-agency collaboration; the service definition for transportation; provider qualifications for music therapists; and level-of-care and inter-rate reliability level of care evaluation processes.
These amendments clarify: Teleservice language in all services where teleservice delivery is now available; and waiver service definitions and service limit language across all five waivers.
Reasons Supporting Proposal: Under 42 C.F.R. 441.301, the developmental disabilities administration is required to provide assurances to CMS that it will provide waiver-funded services as approved by CMS. Aligning rules with the approved waiver amendments provides those assurances.
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, 360-790-4732; Implementation and Enforcement: Leila Graves, P.O. Box 45310, Olympia, WA 98504-5310, 360-890-2127.
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 360-790-4732, TTY 711 relay service, 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:
Explanation of exemptions: These amendments do not impact small businesses. They impact DSHS clients.
Scope of exemption for rule proposal:
Is fully exempt.
March 20, 2025
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 25-09 issue of the Register.