SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed March 12, 2019, 1:08 p.m.]
Preproposal statement of inquiry was filed as WSR 19-03-147.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-845-1410 Are there limits to the prevocational services you may receive?
Hearing Location(s): On April 23, 2019, 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 April 24, 2019.
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., April 23, 2019.
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 April 9, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments to this rule ensure that prevocational services are no longer available as of March 1, 2019. An emergency rule filed as WSR 19-03-123 on January 17, 2019, is currently enacted on this section until the permanent rule-making process is complete.
Reasons Supporting Proposal: Prevocational services do not meet federal integration requirements under 42 C.F.R. Section 441.301 (c)(4) for HCBS settings. The developmental disabilities administration (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."
Rule is necessary because of federal law, 42 C.F.R. Section 441.301 (c)(4).
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: Kari Freer, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1553.
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.
March 11, 2019
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 18-03-174, filed 1/23/18, effective 2/23/18)
WAC 388-845-1410Are there limits to the prevocational services you may receive?
The following limits apply to your receipt of prevocational services:
(1) Effective September 1, 2015, no new referrals are accepted for prevocational services.
(2) Effective March 1, 2019, prevocational services are no longer available.
(3) Clinical and support needs for prevocational services are limited to those identified in your developmental disabilities administration (DDA) assessment and documented in your person-centered service plan((/individual support plan)).
(((3)))(4) You must be age twenty and graduating from high school before your July or August twenty-first birthday, age twenty-one and graduated from high school, or age twenty-two or older to receive prevocational services.
(((4)))(5) Prevocational services are a time limited step on the pathway toward individual employment and are dependent on your demonstrating steady progress toward gainful employment over time. Your annual employment plan will include exploration of integrated settings within your next service year. Criteria that would trigger a review of your need for these services include, but are not limited to:
(a) Compensation at more than fifty percent of the prevailing wage;
(b) Significant progress made toward your defined goals; and
(c) Recommendation by your individual support plan team.
(((5)))(6) You will not be authorized to receive prevocational services in addition to community ((access))inclusion services or supported employment services.
(((6)))(7) Your service hours are determined by the assistance you need to reach your employment outcomes as described in WAC 388-828-9325.