WSR 18-07-049

PROPOSED RULES

[Filed March 14, 2018, 12:06 p.m.]

Preproposal statement of inquiry was filed as WSR 17-18-083.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-845-0001 Definitions, 388-845-0110 Are there limitations to the waiver services you can receive?, 388-845-0210 What is the scope of services for the basic plus waiver?, 388-845-0215 What is the scope of services for the core waiver?, 388-845-0220 What is the scope of services for the community protection waiver?, 388-845-0225 What is the scope of services for the children's intensive in-home behavioral support (CIIBS) waiver?, 388-845-0230 What is the scope of services for the individual and family services (IFS) waiver?, 388-845-0420 Who is a qualified provider of assistive technology?, 388-845-0425 Are there limits to the assistive technology you can receive?, 388-845-0500 What is behavior support and consultation?, 388-845-0501 What is included in behavior support and consultation for the children's intensive in-home behavioral support (CIIBS) waiver?, 388-845-0505 Who is a qualified provider of behavior support and consultation?, 388-845-0506 Who is a qualified provider of behavior support and consultation for the children's intensive in-home behavioral supports (CIIBS) waiver?, 388-845-0510 Are there limits to the behavior support and consultation you can receive?, 388-845-0603 Who is eligible to receive community access services?, 388-845-0660 Are there limitations to the community engagement services you can receive?, 388-845-0700 What is a community guide service?, 388-845-0705 Who is a qualified community guide?, 388-845-0710 Are there limitations to the community guide services I can receive?, 388-845-0760 Are there limitations to community transition services I can receive?, 388-845-0800 What is emergency assistance?, 388-845-0820 Are there limits to your use of emergency assistance?, 388-845-0900 What are environmental adaptations?, 388-845-0910 What limitations apply to environmental adaptations?, 388-845-1150 What are behavioral health stabilization services?, 388-845-1600 What is respite care?, 388-845-1615 Who may be qualified providers of respite care?, 388-845-1620 Are there limits to the respite care you can receive?, 388-845-1650 What are sexual deviancy evaluations?, 388-845-1655 Who is a qualified provider of sexual deviancy evaluations?, 388-845-1660 Are there limitations to the sexual deviancy evaluations you can receive?, 388-845-1700 What is skilled nursing?, 388-845-1710 Are there limitations to the skilled nursing services you can receive?, 388-845-1810 Are there limitations to your receipt of specialized medical equipment and supplies?, 388-845-1865 Are there limitations to your receipt of specialized clothing?, 388-845-1900 What are specialized psychiatric services?, 388-845-2000 What is staff/family consultation and training?, 388-845-2010 Are there limitations to the staff/family consultation and training you can receive?, 388-845-2170 Are there limitations on your receipt of therapeutic equipment and supplies?, and 388-845-3070 What happens if you do not sign your person-centered service plan/individual support plan (ISP)?

The department is proposing to create WAC 388-845-0515 What is chemical extermination of bedbugs?, 388-845-0520 Who are qualified providers of chemical extermination of bedbugs?, 388-845-0525 Are there limits to the chemical extermination of bedbugs services I may receive?, 388-845-1181 What is occupational therapy?, 388-845-1182 Who may be a qualified provider of occupational therapy?, 388-845-1183 Are there limits to occupational therapy?, 388-845-1315 What is physical therapy?, 388-845-1316 Who may be a qualified provider of physical therapy?, 388-845-1317 Are there limits to physical therapy?, 388-845-1915 What are speech, hearing, and language services?, 388-845-1916 Who may be a qualified provider of speech, hearing, and language services?, and 388-845-1917 Are there limits to the speech, hearing, and language services you may receive?

The department is proposing to repeal WAC 388-845-1000 What are extended state plan services?, 388-845-1010 Who is a qualified provider of extended state plan services?, 388-845-1015 Are there limits to the extended state plan services you may receive?, 388-845-1200 What are person-to-person services?, 388-845-1205 Who are qualified providers of person-to-person services?, 388-845-1210 Are there limits to the person-to-person service I can receive?, 388-845-1840 What is specialized nutrition?, 388-845-1845 Who are qualified providers of specialized nutrition?, and 388-845-1850 Are there limitations to your receipt of specialized nutrition?

Hearing Location(s): On May 22, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (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.

Date of Intended Adoption: Not earlier than May 23, 2018.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., May 22, 2018.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by May 8, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules align developmental disabilities administration's (DDA) administrative rules with the waiver application approved by the Centers for Medicare and Medicaid Services (CMS). Other amendments clarify language and update policy.

Reasons Supporting Proposal: The proposed rules are necessary to provide services approved by CMS and for DDA to receive federal financial participation. Additionally, DDA must not authorize waiver services unless they are part of a waiver application approved by CMS; aligning the rules with the approved application maintains client access to waiver services.

Statutory Authority for Adoption: RCW 71A.12.030.

Statute Being Implemented: RCW 71A.12.120, 42 C.F.R. 441 Subpart G.

Rule is necessary because of federal law, 42 C.F.R. 441 Subpart G.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Ann Whitehall, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1551.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.

Is exempt under RCW 19.85.025(4) because the rules do not affect small businesses.

Explanation of exemptions: The proposed amendments impose no new or disproportionate costs on small businesses so a small business economic impact statement is not required.

March 12, 2018

Katherine I. Vasquez

Rules Coordinator