WSR 18-11-118 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed May 22, 2018, 11:14 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 18-03-172. Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-833-0015 Who is eligible for the community crisis stabilization service (CCSS) program? Hearing Location(s): On June 26, 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 June 27, 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., June 26, 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 June 12, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending this rule in order to clarify the age limit for CCSS program eligibility and update the name of an existing DSHS administration with its new agency name. Reasons Supporting Proposal: The proposed rule clarifies that a person is not eligible for the CCSS program if they are age twenty-one or older and changes the name "DSHS children's administration" to the entity's new agency name, "department of children, youth, and families." Statutory Authority for Adoption: RCW 71A.12.030. Statute Being Implemented: RCW 71A.20.010. Rule is not necessitated by federal law, federal or state court decision. 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: Nichole Jensen, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1521. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. This rule making is exempt from cost-benefit analysis requirements because the proposed amendments, as described under RCW 34.05.328 (5)(b)(iv), clarify the language of the rule without changing its effect. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: 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. May 16, 2018 Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-08-081, filed 3/31/15, effective 5/1/15)
WAC 388-833-0015 Who is eligible for the community crisis stabilization service (CCSS) program?
((To be)) A person is eligible for ((CCSS,)) the ((following conditions must be met)) community crisis stabilization services program if:
(1) The ((individual has been determined)) person is eligible for DDA services ((as defined in)) under chapter 388-823 WAC;
(2) The ((individual)) person is eligible for medicaid services;
(3) The ((individual)) person or their legal representative ((has provided voluntary)) voluntarily consents to ((participate)) community crisis stabilization services;
(4) The ((individual)) person is age eight ((to)) or older but under age twenty one;
(5) The ((individual)) person has no ((unresolved issues)) pending investigations of abuse or neglect ((pending)) with the ((DSHS children's administration)) department of children, youth, and families; and
(6) ((The)) DDA ((CCSS review team has determined that)) determines the ((individual)) person needs the level of service provided in the ((CCSS)) community crisis stabilization services program.
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