WSR 18-23-004

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Developmental Disabilities Administration)

[Filed November 7, 2018, 3:33 p.m., effective December 8, 2018]

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

Purpose: The department is amending these rules to update program requirements, clarify training requirements, and simplify eligibility based on statute[s] governing the program. The chapter has been rewritten using plain language principles, and some content has been moved and sections repealed to improve organization and readability of the chapter.

Citation of Rules Affected by this Order: New WAC 388-826-0011, 388-826-0016, 388-826-0041, 388-826-0071, 388-826-0072, 388-826-0078, 388-826-0079, 388-826-0133 and 388-826-0205; repealing WAC 388-826-0015, 388-826-0020, 388-826-0025, 388-826-0030, 388-826-0035, 388-826-0045, 388-826-0055, 388-826-0060, 388-826-0065, 388-826-0080, 388-826-0085, 388-826-0129, 388-826-0135, 388-826-0136, 388-826-0210, 388-826-0220 and 388-826-0250; and amending WAC 388-826-0001, 388-826-0005, 388-826-0010, 388-826-0040, 388-826-0050, 388-826-0070, 388-826-0075, 388-826-0077, 388-826-0130, 388-826-0138, 388-826-0145, 388-826-0150, 388-826-0160, 388-826-0170, 388-826-0175, 388-826-0200, 388-826-0230, 388-826-0240, and 388-845-1515.

Statutory Authority for Adoption: RCW 71A.12.030.

Other Authority: RCW 74.13.350.

Adopted under notice filed as WSR 18-12-108 on June 6, 2018.

Changes Other than Editing from Proposed to Adopted Version: The developmental disabilities administration (DDA) replaced references to chapter 388-145 WAC with references to chapter 110-145 WAC and WAC 110-145-1670 because the department of children, youth, and families recently recodified its rules under Title 110 WAC.

WSR 18-12-108 proposed new WAC 388-826-0131 and 388-826-0132 and proposed the repeal of WAC 388-826-0090 and 388-826-0095. As a result of comments received on these proposed changes, DDA will schedule changes for these sections for a second public hearing.

DDA made nonsubstantive changes to new WAC 388-826-0133. The changes remove "countable" from the section because a representative payee manages the client's income in general, not just countable income. The changes to subsections (1) and (2) are as follows:

The representative payee:

(1) Receives and mManages the client's countable income;

(2) Uses the client's countable income to contribute toward the cost of the client's participation and room and board;

A final cost-benefit analysis is available by contacting Chantelle Diaz, DDA, 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 9, Amended 19, 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 9, Amended 19, Repealed 17.

Date Adopted: November 7, 2018.

Cheryl Strange

Secretary