SOCIAL AND HEALTH SERVICES

(Developmental Disabilities Administration)

[Filed April 10, 2019, 3:10 p.m., effective May 11, 2019]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending WAC 388-101D-0025 and repealing WAC 388-101D-0120 to remove requirements for residential service providers to schedule within contracted hours and obtain approval of staff coverage schedules. These administrative activities are no longer necessary as part of the tiered rates system established under ESSB 6032 (2018) and approved by the Centers for Medicare and Medicaid Services (CMS).

Citation of Rules Affected by this Order: Repealing WAC 388-101D-0120; and amending WAC 388-101D-0025.

Statutory Authority for Adoption: RCW 71A.12.030.

Other Authority: RCW 71A.12.120, ESSB 6032 (2018).

Adopted under notice filed as WSR 19-05-043 on February 14, 2019.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 1.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 1.

Date Adopted: April 9, 2019.

AMENDATORY SECTION(Amending WSR 16-14-058, filed 6/30/16, effective 8/1/16)

WAC 388-101D-0025Service provider responsibilities.

(1) Service providers must meet the requirements of:

(a) This chapter;

(b) Each contract and statement of work entered into with the department;

(c) Each client's individual support plan when the individual support plan identifies the service provider as responsible; and

(d) Each client's individual instruction and support plan.

(2) The service provider must:

(a) Have a designated administrator and notify the department when there is a change in administrator;

(b) Ensure that clients have immediate access to staff, or the means to contact staff, at all times;

(c) Provide adequate staff ((within contracted hours to administer the program and))to meet the needs of clients as identified in their person-centered service plans;

(d) Not routinely involve clients in the unpaid instruction and support of other clients;

(e) Not involve clients receiving crisis diversion services in the instruction and support of other clients; and

(f) Retain all records and other material related to the residential services contract for six years after expiration of the contract.

The following section of the Washington Administrative Code is repealed:

Approval of staff-coverage schedules.