WSR 16-02-035
(Developmental Disabilities Administration)
[Filed December 30, 2015, 10:02 a.m., effective January 1, 2016]
Effective Date of Rule: January 1, 2016.
Purpose: The developmental disabilities administration (DDA) is amending WAC 388-832-0015 and repealing WAC 388-832-0085 due to the 2014 operating supplemental budget directing DDA to move the state funded individual and family services (IFS) program into a 1915(C) home and community-based services (HCBS) waiver. These changes reflect that the IFS program is closed to new entrants.
Citation of Existing Rules Affected by this Order: Repealing WAC 388-832-0085; and amending WAC 388-832-0015.
Statutory Authority for Adoption: SSB 6387 of the 63rd legislature, 2014 regular session.
Other Authority: RCW 71A.12.030, 71A.12.120.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: Based on the passage of SSB 6387 of the 63rd legislature 2014 regular session, DDA implemented a new IFS waiver on June 1, 2015. CMS approved the IFS waiver on May 27 with an effective date of June 1, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 1.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 1.
Date Adopted: December 29, 2015.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 09-11-054, filed 5/13/09, effective 6/13/09)
WAC 388-832-0015 Am I eligible for the IFS program?
(1) The IFS program and SSP in lieu of IFS is not open to new enrollment.
(2) If you were enrolled in the IFS program before June 1, 2015 you are eligible to ((be considered for)) remain on the IFS program if you meet the following criteria:
(a) You are currently an eligible client of DDD;
(b) You live in your family home;
(c) You are not eligible to enroll((ed)) in a DDD home and community based services waiver defined in chapter 388-845 WAC;
(d) You are currently enrolled in ((traditional family support, family support opportunity or the family support pilot or funding has been approved for you to receive IFS program services)) the IFS program;
(e) You are age three or older;
(f) You have been assessed as having a need for IFS program services as listed in WAC 388-832-0140; and
(g) You are not receiving a DDD adult or child residential service or licensed foster care.
(((2))) (3) If you are a parent who is a client of DDD, you are eligible to ((receive)) remain on the IFS program ((services)) in order to promote the integrity of the family unit until your next assessment, provided:
(a) You meet the criteria in subsections (((1))) (2)(a) through (f) ((above)) of this section; and
(b) Your minor child who lives in your home is at risk of being placed up for adoption or into foster care.
The following section of the Washington Administrative Code is repealed:
WAC 388-832-0085
When there is state funding available to enroll additional clients on the IFS program, how will DDD select from the clients on the IFS program request list?