SOCIAL AND HEALTH SERVICES

(Developmental Disabilities Administration)

[Filed June 6, 2018, 9:21 a.m.]

Supplemental Notice to WSR 18-03-138.

Preproposal statement of inquiry was filed as WSR 17-23-160.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-823-0025 Who can apply for DDA eligibility determination? and 388-823-0050 For DDA eligibility, who is considered to be a resident of the state of Washington?

Hearing Location(s): On July 10, 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 July 11, 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., July 10, 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 26, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments to these rules align requirements with the health care authority's rules under Title 182 WAC, amend who can request a developmental disabilities administration eligibility determination, and clarify who is considered a Washington state resident.

Reasons Supporting Proposal: The proposed amendments simplify the application process for potential clients, including children receiving foster care and dependents of military service members. The proposed amendments also replace inaccurate WAC references to cash and food assistance with residency requirements under chapter 182-503 WAC. The department determined additional edits are required so we are filing this supplemental CR-102.

Statutory Authority for Adoption: RCW 71A.12.030.

Statute Being Implemented: RCW 74.04.815.

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: Lonnie Keesee, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1547.

A school district fiscal impact statement is not required under RCW 28A.305.135.

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.

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.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 14-12-046, filed 5/29/14, effective 7/1/14)

WAC 388-823-0025Who ((can))may apply for a DDA eligibility determination?

(1) You ((must be a resident of the state of Washington, as described in WAC 388-823-0050, to))may apply for ((an))a DDA eligibility determination on your own behalf.

(2) ((The following individuals can apply))A person may submit an application for a DDA eligibility determination on your behalf if the person is:

(a) ((If a court has not appointed the child as his own decision maker, a parent or legal representative must apply on behalf of a child under the age of eighteen years))Delegated to consent to routine medical care for you under WAC 388-148-1560;

(b) ((If there is a legal guardian of an applicant age eighteen years or older, the legal guardian must apply on behalf of the adult applicant; or

))Your parent if you are under eighteen;

(d) Your spouse;

(e) Your authorized representative under WAC 182-503-0130; or

(f) Applying for you because a medical condition prevents you from applying on your own behalf.

(3) ((A request for eligibility determination requires the signature of the applicant or their legal representative. With the consent of the applicant, any person, agency, or advocate may assist with the application process))If you or your legal representative request it, DDA will withdraw your eligibility application or terminate your eligibility.

AMENDATORY SECTION(Amending WSR 14-12-046, filed 5/29/14, effective 7/1/14)

WAC 388-823-0050((For DDA eligibility, who is considered to be a resident of the state of))Do I have to be considered a Washington state resident to be eligible for DDA?

(1) You must ((live in the state of))be considered a Washington state resident to ((apply or continue to be a client of))be eligible for DDA. If ((you are a child under the age of eighteen, your primary custodian or legal guardian must also live in the state of))DDA does not consider you a Washington state resident, you are not eligible for DDA and DDA will deny or terminate your eligibility. ((Proof that you live in the state of Washington may include documentation such as a lease agreement, school records, or mail addressed to you. Such documentation will not be considered proof of residency if you have been denied medicaid or other benefits due to failure to meet residency requirements under WAC 388-468-0005.))

(2) ((DDA will not process your request for determination of eligibility or will terminate your eligibility if you do not live in the state of))You are considered a Washington state resident if you:

(a) Meet residency requirements under WAC 182-503-0520 or 182-503-0525; or

(b) Are a dependent of a military service member and legal resident under RCW 74.04.815.

(3) If DDA learns that you are not a Washington state resident, DDA must terminate your eligibility.

(4) You must inform your DDA case resource manager when your address changes.

(5) If DDA receives returned mail from you with no forwarding address, DDA will try to verify you are a Washington state resident by trying to contact you or anyone identified by you to receive notices.

(6) If DDA cannot contact you or verify you are a Washington state resident, DDA must terminate your eligibility.

(7) If your eligibility was terminated because DDA could not contact you, DDA will restore your eligibility if you:

(a) Verify your continuous Washington state residency;

(b) Request your eligibility be restored; and