WSR 08-05-097



(Aging and Disability Services Administration)

[ Filed February 15, 2008, 2:33 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-15-081 and 07-14-081.

     Title of Rule and Other Identifying Information: The department is amending chapter 388-828 WAC regarding the DDD assessment.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at or by calling (360) 664-6097), on April 22, 2008, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than April 23, 2008.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5 p.m. on April 22, 2008.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 15, 2008, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule making adds sections to chapter 388-828 WAC regarding the residential algorithm. The residential algorithm determines the residential service level of support for clients receiving supported living, group home, group training home, and companion home residential services.

     The department is amending the following sections to include references to the residential algorithm and the individual and family services algorithm: WAC 388-828-1060, 388-828-5020, 388-828-5140, 388-828-5520, and 388-828-8020.

     The department is amending the following sections to maintain consistency with the DDD computer based assessment, agency standards, and to correct references to other rule: WAC 388-828-1480, 388-828-1540, 388-828-1640, and 388-828-5940.

     The proposed rules incorporate the following emergency rules:

•     WAC 388-828-5080 filed as WSR 07-21-145 which amends the WAC to accurately reflect the protective supervision age-based score adjustment.

•     WAC 388-828-1200 through 388-828-1300 filed as WSR 07-23-020 which amends and repeals the WAC to remove penalties for clients and their families that decline to provide income information when receiving the DDD assessment.

•     WAC 388-828-5360 filed as WSR 07-24-029 which amends the back-up caregiver availability table. The department will propose the other emergency rules included in WSR 07-24-029 in the proposed rules for the individual and family services program.

     Statutory Authority for Adoption: RCW 71A.12.030.

     Statute Being Implemented: Title 71A RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Debbie Roberts, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3400; Implementation and Enforcement: Don Clintsman, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3426.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. DDD has analyzed the proposed rule amendments and has determined that small businesses will not be disproportionately impacted by these changes and any costs will not be considered "more than minor."

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Debbie Roberts, 640 Woodland Square Loop S.E., Lacey, WA 98504, phone (360) 725-3400, fax (360) 404-0955, e-mail

February 11, 2008

Stephanie E. Schiller

Rules Coordinator

     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 08-07 issue of the Register.

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