WSR 19-03-147
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed January 22, 2019, 12:25 p.m.]
Subject of Possible Rule Making: The department is planning to amend WAC 388-845-1410 Are there limits to the prevocational services you may receive?, and other related rules as may be required.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030, 71A.12.120, 42 C.F.R. Section 441.301 (c)(4).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is amending this rule to ensure that prevocational services are no longer available as of March 1, 2019. Prevocational services do not meet federal integration requirements under 42 C.F.R. Section 441.301 (c)(4) for home and community based services settings. DDA must enact this mass change to comply with the Centers for Medicare and Medicaid Services-approved waiver amendments that eliminate prevocational services on the basic plus and core waivers by March 1, 2019. DDA is also amending this rule to replace "community access" with the service's new name, "community inclusion."
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: The department of social and health services (DSHS) welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication 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.
January 22, 2019
Katherine I. Vasquez
Rules Coordinator