WSR 16-06-048 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed February 24, 2016, 10:15 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-02-110.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-832-0015 Am I eligible for the IFS program? and repeal 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?.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on April 5, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than April 6, 2016.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., April 5, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by March 22, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The developmental disabilities administration (DDA) intends to amend WAC 388-832-0015 and repeal 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 will reflect that the IFS program is closed to new entrants.
Reasons Supporting Proposal: This change will allow the department to receive federal matching funds for these waivered services.
Statute Being Implemented: ESSB 6002, 2014 Operating Supplemental Budget.
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, Implementation, and Enforcement: Ann Whitehall, DDA, P.O. Box 45310, Olympia 98504-5310, (360) 725-3445.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules do not impact small businesses or nonprofits. They only impact DSHS clients.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are exempt under RCW 34.05.328 (5)(b)(vii) and relate only to client medical or financial eligibility.
February 19, 2016
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)) DDA;
(b) You live in your family home;
(c) You are not eligible to enroll((ed)) in a ((DDD)) DDA 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)) DDA adult or child residential service or licensed foster care.
(((2))) (3) If you are a parent who is a client of ((DDD)) DDA, 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.
REPEALER
The following section of the Washington Administrative Code is repealed:
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