SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Effective Date of Rule: Immediately.
Purpose: The division of developmental disabilities (DDD) is proposing this emergency rule to amend chapter 388-828 WAC to ensure consistency with the legislature's request to collect data on family income for minor children with developmental disabilities and all individuals who are receiving state-only funded services and remove the penalty for not reporting income information.
Citation of Existing Rules Affected by this Order: Repealing WAC 388-828-1240, 388-828-1260 and 388-828-1280; amending WAC 388-828-1200, 388-828-1220, and 388-828-1300.
Statutory Authority for Adoption: RCW 71A.12.30 [71A.12.030].
Other Authority: Title 71A RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This emergency rule amends chapter 388-828 WAC to remove penalties for clients and their families that decline to provide income information when receiving the DDD assessment. Without this emergency rule, clients may be incorrectly found ineligible for services or benefits. This rule is also necessary to implement the conditions and limitations set by the legislature when appropriating funding for DDD programs in the Washington state's 2007-2009 budget (section 205, chapter 522, Laws of 2007). The legislature requested that DDD collect data on family income for families with minor children with developmental disabilities and all individuals who are receiving state-only funded services.
The department is extending the emergency rule filed as WSR 07-15-054. An initial public notice was filed June 29, 2007, as WSR 07-15-081. Stakeholder work is being completed and the rules are expected to be formally proposed in February 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 3, Repealed 3.
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 3, Repealed 3.
Date Adopted: November 6, 2007.
Stephanie E. Schiller
(1) Your family, if:
(a) You are age seventeen or younger; and
(2))) (b) Your family has not made a request for your
admission to a residential habilitation center (RHC)(( .)), or
(2) You, if:
(a) You are age eighteen or older, and
(b) You are receiving state-only funded services.
[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, § 388-828-1200, filed 4/23/07, effective 6/1/07.]
[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, § 388-828-1220, filed 4/23/07, effective 6/1/07.]
The following sections of the Washington Administrative Code are repealed:
|WAC 388-828-1240||What does DDD do when family income and household dependent information are not provided?|
|WAC 388-828-1260||What action will DDD take if your family does not report income and dependent information?|
|WAC 388-828-1280||How will your access to, or receipt of, DDD HCBS waiver services be affected if your family does not report family income and dependent information?|
[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, § 388-828-1300, filed 4/23/07, effective 6/1/07.]