WSR 02-20-043

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

[ Filed September 25, 2002, 9:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-01-131.

Title of Rule: New chapter 388-891 WAC, Vocational rehabilitation services for individuals with disabilities.

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 02-21 issue of the Register.

Purpose: To repeal old rehabilitation rules and adopt new rules to comply with the August 1998 amendments to the Rehabilitation Act of 1973, the United States Department of Education regulations including 34 C.F.R. Part 361 State Vocational Rehabilitation Services Program, 34 C.F.R. Part 363 State Supported Employment Services Program, chapter 74.29 RCW for rehabilitation services for individuals with disabilities, chapter 43.19 RCW for purchasing and loaning equipment, RCW 43.43.832 for background check requirements for in-home or relative child care providers, and RCW 4.24.550, 71.09.340, 9A.44.130 and chapter 26.44 RCW regarding sex offenders. These rules are written to comply with the Governor's Executive Order 97-02 regulatory improvement.

Other Identifying Information: 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 02-21 issue of the Register.

Statutory Authority for Adoption: RCW 74.29.020, 74.08.090.

Statute Being Implemented: August 1998 amendments to the Rehabilitation Act of 1973, 34 C.F.R. Part 361 and 34 C.F.R. Part 363, chapters 74.29, 43.19 RCW, RCW 43.43.832, 4.24.550, 71.09.340, 9A.44.130, chapter 26.44 RCW.

Summary: The rules inform the public about the rehabilitation services and/or benefits provided by the Division of Vocational Rehabilitation (DVR) and the conditions under which DVR provides them.

Reasons Supporting Proposal: To comply with the statutes and federal rules as indicated in Title of Rule and Statutory Authority for Adoption above.

Name of Agency Personnel Responsible for Drafting: Phyllis Hansen, Program Administrator, Division of Vocational Rehabilitation, P.O. Box 45340, Olympia, WA 98504-5340, (360) 438-8047/VTTY; Implementation and Enforcement: Mike O'Brien, Director, Division of Vocational Rehabilitation, P.O. Box 45340, Olympia, WA 98504-5340, (360) 438-8008.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, United States Department of Education, Code of Federal Regulations including 34 C.F.R. Part 361 and 34 C.F.R. Part 363.

Explanation of Rule, its Purpose, and Anticipated Effects: The rules inform the public what rehabilitation services and/or benefits are provided by DSHS, Division of Vocational Rehabilitation (DVR) and under what conditions DVR provides the services and/or benefits. Major areas covered include: Protection and use of confidential information, customer rights, paying for VR services, informed choice, order of selection, vocational rehabilitation services, supported employment, applying for VR services, eligibility, individualized plan for employment development, loaning equipment, and case closure.

The rules are intended to clarify the rights and responsibilities of DVR applicants and eligible individuals with disabilities, clarify the order of selection process, clarify presumptive eligibility for SSI and SSDI recipients, clarify the development of individualized plans for employment and support DVR's mission to help people with disabilities go to work. The new rules are organized for ease in customer use and simplified for clear understanding.

Proposal Changes the Following Existing Rules: DVR is repealing about two-thirds of the old program rules in chapter 388-890 WAC and replacing them with new rules in chapter 388-891 WAC. The subject matter remaining in chapter 388-890 WAC will all be on the DVR independent living services program.

The new vocational rehabilitation rules are reorganized in a different sequence according to customer interest and use. Major content changes include: Adding and changing definitions, changes to the rights and responsibilities of DVR applicants and eligible individuals with disabilities including disclosure of a history of violent or predatory behavior and criminal history, changes in documentation requirements in case service records, new presumptive eligibility for SSI and SSDI recipients, the addition of extended evaluation as a tool to determine eligibility, changes in the use of comparable services and benefits, changes in selection of services and service providers, and changes to the scope of VR services and the conditions under which some VR services are provided.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not regulate any businesses. The proposed rules regulate the prevision of vocational rehabilitation services and anyone interested in receiving vocational rehabilitation services from DVR and provide information to anyone interested.

RCW 34.05.328 applies to this rule adoption. The rules meet the definition of a "significant legislative rule" and a cost benefit analysis has been prepared. To obtain a copy, contact Phyllis Hansen, DVR Program Administrator, P.O. Box 45340, Olympia, WA 98504-5340, phone (360) 438-8047 V/TTY, e-mail hansepa@dshs.wa.gov.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 26, 2002, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 12, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., November 26, 2002.

Date of Intended Adoption: Not earlier than November 27, 2002.

September 20, 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 02-21 issue of the Register.

Washington State Code Reviser's Office