WSR 10-13-181



(Aging and Disability Services Administration)

[ Filed June 23, 2010, 11:28 a.m. , effective June 23, 2010, 11:28 a.m. ]

Effective Date of Rule: Immediately.

Purpose: The department is amending WAC 388-850-045 on an emergency basis to revise the county funding formula to comply with state budget appropriations.

Citation of Existing Rules Affected by this Order: Amending WAC 388-850-045.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.040, 71A.14.030.

Other Authority: Chapter 564, Laws of 2009 PV 61st legislature section 205 (1)(n); chapter 34.05 RCW.

Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: This emergency rule implements changes made to the county funding formula as a result of changes in the state budget appropriation for county programs. An initial public notice was filed December 22, 2008, as WSR 09-01-132. Stakeholder work has been ongoing. A CR-102 has been filed as WSR 10-08-081 and a hearing was held on May 11, 2010. DDD filed to make this WAC permanent on June 10, 2010. It is anticipated that this WAC will become permanent in July of 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 21, 2010.

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION(Amending WSR 05-11-015, filed 5/9/05, effective 6/9/05)

WAC 388-850-045   ((Funding formula -- Developmental disabilities.)) What is the formula for distribution of funding to the counties?   (1) For the purposes of this section, "county" shall mean the legal subdivision of the state, regardless of any agreement with another county to provide developmental disabilities services jointly.

(2) The allocation of funds to counties shall be based on the following criteria:

(a) ((Each county shall receive a base amount of funds. The amount shall be based on the prior biennial allocation, including any funds from budget provisos from the prior biennium, and subject to the availability of state and federal funds;

(b))) The distribution of ((any additional)) funds provided by the legislature or other sources shall be based on a distribution formula which best meets the needs of the population to be served ((as follows:

(i) On a basis which)).

(b) The distribution formula takes into consideration ((minimum grant amounts,)) requirements of clients residing in an ICF/MR or clients on one of the division's Title XIX home and community-based waivers, ((and the general population of the county, and)) eligible birth to three, special education enrollment and the general population of the county as well as the population ((eligible for)) receiving county-funded developmental disabilities services((;)).

(((ii) On a basis that takes into consideration the population numbers of minority groups residing within the county;

(iii) A biennial adjustment shall be made after these factors are considered; and

(iv) Counties not receiving any portion of additional funds pursuant to this formula shall not have their base allocation reduced due to application of this formula.

(c) Funding appropriated through legislative proviso, including vendor rate increases, shall be distributed to the population directed by the legislature utilizing a formula as directed by the legislature or using a formula specific to that population or distributed to identified people;

(d))) (c) The ability of the community to provide funds for the developmental disability program provided in chapter 71A.14 RCW may be considered with any or all of the above.

(3) A county may utilize seven or less percent of the county's allocated funds for county administrative expenses. A county may utilize more than seven percent for county administration with approval of the division director. ((A county electing to provide all services directly, in addition to county administration, is exempt from this requirement.))

(((4) The department may withhold five or less percent of allocated funds for new programs, for statewide priority programs, and for emergency needs.))

[Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW. 05-11-015, 388-850-045, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. 04-02-014, 388-850-045, filed 12/29/03, effective 1/29/04. 99-19-104, recodified as 388-850-045, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.14.040. 92-13-032 (Order 3404), 275-25-530, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 71A.14.030. 91-17-005 and 91-17-025 (Orders 3230 and 3230A), 275-25-530, filed 8/9/91 and 8/14/91, effective 9/9/91 and 9/14/91. Statutory Authority: RCW 69.54.040 and 71.24.190. 83-03-011 (Order 1936), 275-25-530, filed 1/12/83; Order 1142, 275-25-530, filed 8/12/76.]

Washington State Code Reviser's Office