SOCIAL AND HEALTH SERVICES

(Developmental Disabilities Administration)

[Filed November 6, 2018, 9:28 a.m., effective December 7, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The developmental disabilities administration (DDA) is amending chapter 388-829C WAC, Companion homes, to make several policy updates to how residential habilitation services are delivered in the companion home setting. These amendments are necessary because these rules have not been updated in seven or more years. Substantive changes to the companion home rules address the following subjects: The application and certification processes to become a companion home provider; the process for determining the provider's daily rate; provider responsibilities while using respite; the process for determining a companion home client's annual respite allocation; when a companion home provider may request additional respite hours; the effect of additional respite hours on the provider's daily rate; violations of the room and board agreement; requiring an individual financial plan; transferring client funds; protecting clients from water hazards; records the provider must maintain; and informal dispute resolution processes. Most of the chapter has been rewritten to clarify requirements and some sections have been repealed and their content added to other sections.

Citation of Rules Affected by this Order: New WAC 388-829C-042, 388-829C-044, 388-829C-061, 388-829C-062, 388-829C-063, 388-829C-064, 388-829C-065, 388-829C-066, 388-829C-131, 388-829C-231, 388-829C-232, 388-829C-233, 388-829C-234, 388-829C-275, 388-829C-305, 388-829C-315, 388-829C-325, 388-829C-345, 388-829C-449, 388-829C-492 and 388-829C-494; repealing WAC 388-829C-005, 388-829C-060, 388-829C-090, 388-829C-120, 388-829C-130, 388-829C-190, 388-829C-210, 388-829C-220, 388-829C-240, 388-829C-260, 388-829C-300, 388-829C-420, 388-829C-430, 388-829C-440, 388-829C-445, 388-829C-470 and 388-829C-500; and amending WAC 388-829C-010, 388-829C-020, 388-829C-030, 388-829C-040, 388-829C-050, 388-829C-070, 388-829C-080, 388-829C-110, 388-829C-140, 388-829C-150, 388-829C-160, 388-829C-170, 388-829C-180, 388-829C-200, 388-829C-230, 388-829C-250, 388-829C-270, 388-829C-280, 388-829C-290, 388-829C-310, 388-829C-320, 388-829C-330, 388-829C-340, 388-829C-350, 388-829C-360, 388-829C-370, 388-829C-380, 388-829C-390, 388-829C-400, 388-829C-410, 388-829C-450, 388-829C-460, 388-829C-480, and 388-829C-490.

Statutory Authority for Adoption: RCW 71A.12.030.

Other Authority: RCW 71A.10.020, 71A.12.040.

Adopted under notice filed as WSR 18-17-155 on August 21, 2018.

Changes Other than Editing from Proposed to Adopted Version: DDA removed subsection (1)(h) from WAC 388-829C-044, which required a companion home provider to submit a background check form to DDA. The form is now completed electronically through the department's new online background check system, so the provider does not have to submit a paper form to DDA. The information in the form is still required as part of a companion home provider's application.

A final cost-benefit analysis is available 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.

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 0, Repealed 0.

Number of Sections Adopted at the 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 21, Amended 34, Repealed 17.

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 21, Amended 34, Repealed 17.

Date Adopted: November 5, 2018.

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 18-23 issue of the Register.