WSR 19-06-053
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed March 4, 2019, 3:16 p.m., effective April 4, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department amended WAC 388-828-9310 to replace "community access" with the service's new name, "community inclusion," which was approved through a waiver amendment by the Centers for Medicare and Medicaid Services (CMS). Amendments to WAC 388-828-9330 and 388-828-9335 replace "in training/job development" with "working at subminimum wage or in job development" as requested by Disability Rights Washington. Amendments to WAC 388-828-9350 remove provider travel time as a reason to authorize additional employment support hours for a client; this change aligns with CMS-approved waiver amendments, which do not include provider travel time in the service definition or service limitations as justification for additional employment support hours. Amendments to WAC 388-845-2100 add language requested by the Seattle Commission for People with Disabilities.
Citation of Rules Affected by this Order: Amending WAC 388-828-9310, 388-828-9330, 388-828-9335, 388-828-9350, and 388-845-2100.
Adopted under notice filed as WSR 19-01-063 on December 14, 2018.
Changes Other than Editing from Proposed to Adopted Version: Instead of striking WAC 388-828-9350(6) as proposed, the developmental disabilities administration (DDA) revised the language as follows:
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)) The location of your job;
A final cost-benefit analysis is available 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.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 2, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 3, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.
Date Adopted: March 1, 2019.
Cheryl Strange
Secretary
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))The location of your job;
(7) Behavioral or physical needs that may affect the safety of you and others while at work; or
(8) 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.