Date of Adoption: July 24, 2002.

     Purpose: The Division of Developmental Disabilities is adopting these amendments only to make corrections to obsolete or incorrect WAC and RCW cross-references without changing the effect of the rules; therefore a preproposal statement of inquiry was not filed per RCW 34.05.310(4). Rules affected by these amendments are contained in chapter 388-825 WAC, Division of developmental disabilities service rules; chapter 388-830 WAC, Division of developmental disabilities reimbursement system; chapter 388-835 WAC, ICF/MR program and reimbursement system; chapter 388-850 WAC, County plan for development disabilities; and chapter 388-853 WAC, Cost of care of mentally deficient persons residing in state institutions.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-825-020 Definitions, 388-825-025 Exemptions, 388-825-030 Eligibility for services, 388-825-035 Determination of eligibility, 388-825-045 Determination for necessary services, 388-825-050 Individual service plan, 388-825-055 Authorization of services, 388-825-100 Notification, 388-825-120 Adjudicative proceeding, 388-825-205 Who is eligible to participate in the family support opportunity program?, 388-825-210 What basic services can my family receive from the family support opportunity program?, 388-825-234 How can my family qualify for serious need funds?, 388-825-248 Who is covered under these rules?, 388-825-250 Continuity of family support services, 388-825-252 Family support services, 388-825-270 Are there exceptions to the licensing requirement?, 388-825-278 Are there any educational requirements for individual providers?, 388-830-015 Determination of eligibility, 388-830-020 Notification to potential applicants, 388-830-025 Application for services, 388-830-035 Implementation of necessary services, 388-835-0110 Is DSHS required to give written notice when it intends to transfer an individual?, 388-835-0180 What if an ICF/MR contract is terminated?, 388-835-0265 Can providers file amendments if a DSHS field audit has been scheduled?, 388-835-0395 How must a facility maintain resident property records?, 388-835-0575 What requirements apply to calculating ICF/MR reimbursement rates?, 388-835-0745 What recourse does a provider have if DSHS rejects their proposed preliminary settlement?, 388-835-0755 Can a provider disagree with a final settlement report?, chapter 388-850 WAC (chapter caption, corrected) County plan for mental health, developmental disabilities, WAC 388-850-015 Exemptions, 388-850-025 Program operation -- General provisions, 388-850-050 Client rights -- Notification of client, 388-853-010 Authority, 388-853-030 Schedule of per capital cost, 388-853-035 Exempt income, and 388-853-080 Notice and finding of responsibility -- Appeal procedure.

     Statutory Authority for Adoption: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125.

      Adopted under notice filed as WSR 02-11-143 on May 22, 2002.

     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 0, Repealed 0.

     Number of Sections Adopted at 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 35, 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 35, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

July 24, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     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 02-17 issue of the Register.

© Washington State Code Reviser's Office