WSR 07-06-055

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed March 5, 2007, 8:54 a.m. , effective April 5, 2007 ]


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

Purpose: The purpose of these amendments is to clarify a client's right to an administrative hearing and to move the language in WAC 388-827-0140(2) to WAC 388-825-150.

Citation of Existing Rules Affected by this Order: Amending WAC 388-825-150 and 388-827-0140.

Statutory Authority for Adoption: RCW 71A.12.030.

Other Authority: Title 71A RCW.

Adopted under notice filed as WSR 07-03-062 on January 16, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: March 2, 2007.

Jim Schnellman, Chief

Office of Administrative Resources

3818.1
AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-150   When can the department proceed to take action during my appeal?   The department will proceed to take action during your appeal if:

(1) It is an eligibility denial and you are not currently an eligible client.

(2) Your DDD eligibility has expired, per WAC 388-823-0010 and 388-823-1040.

(3) There is no longer funding for state-only funded service.

(4) Your current services are terminated or transferred in order to meet the legislative intent of and comply with sections 205 and 207, chapter 371, Laws of 2002.

(5) The state-only funded service no longer exists, the Medicaid state plan has been amended, or the HCBS waiver agreement with the federal Centers for Medicare and Medicaid has been amended.

(((5))) (6) The administrative law judge or review judge rules that you have caused unreasonable delay in the proceedings.

(((6))) (7) You are in imminent jeopardy.

(((7))) (8) Your provider is no longer qualified to provide services due to:

(a) A lack of a contract;

(b) Decertification;

(c) Revocation or suspension of a license; or

(d) Lack of required registration, certification, or licensure.

(((8))) (9) The parent of a person under the age of eighteen or the legal guardian approves the department's decision.

(((9))) (10) You did not file your request for an administrative hearing within the ten-day notice period, as described in chapter 388-458 WAC.

(((10))) (11) You:

(a) Tell us in writing that you do not want continued benefits;

(b) Withdraw your administrative hearing request in writing; or

(c) Do not follow through with the administrative hearing process.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, 388-825-150, filed 8/19/05, effective 9/19/05.]


AMENDATORY SECTION(Amending WSR 04-02-015, filed 12/29/03, effective 1/29/04)

WAC 388-827-0140   What are my appeal rights if DDD determines that I am not eligible for DDD/SSP?   (((1))) You have the right to appeal the department's denial, termination, or reduction of ((services)) your SSP. Your rights to an ((adjudicative proceeding)) administrative hearing are contained in WAC 388-825-120 through WAC 388-825-165.

(((2) Your current services will not be continued while the matter is being appealed if the service termination or transfer is for a specific group of clients in order to meet the legislative intent of and comply with sections 205 and 207, chapter 371, Laws of 2002.))

[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, 388-827-0140, filed 12/29/03, effective 1/29/04.]

Washington State Code Reviser's Office