WSR 19-09-047
(Developmental Disabilities Administration)
[Filed April 11, 2019, 11:33 a.m., effective April 30, 2019]
Effective Date of Rule: April 30, 2019.
Purpose: The department is amending WAC 388-101D-0025 and repealing WAC 388-101D-0120 to remove requirements for hourly staffing schedules.
Citation of Rules Affected by this Order: Repealing WAC 388-101D-0120; and amending WAC 388-101D-0025.
Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: ESSB 6032 (2018) directs the department to replace hourly payment methodology with a tiered rate methodology for residential services providers. Amended language in WAC 388-101D-0025 is necessary to implement the tiered rate methodology because providers will no longer need to staff within contracted hours, and will instead receive a daily rate. Repealing WAC 388-101D-0120 removes the requirement for providers to obtain approval for staffing schedules, which is no longer necessary under the tiered rate methodology. The Centers for Medicare and Medicaid Services approved developmental disabilities administration's waiver amendments, which require implementation of the tiered rate system on January 1, 2019.
This is the second emergency rule filing on these rules. This subsequent filing is necessary to keep the emergency rules effective until the permanent rules filed as WSR 19-09-033 are effective on May 11, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 1.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 1.
Date Adopted: April 11, 2019.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 16-14-058, filed 6/30/16, effective 8/1/16)
WAC 388-101D-0025Service provider responsibilities.
(1) Service providers must meet the requirements of:
(a) This chapter;
(b) Each contract and statement of work entered into with the department;
(c) Each client's individual support plan when the individual support plan identifies the service provider as responsible; and
(d) Each client's individual instruction and support plan.
(2) The service provider must:
(a) Have a designated administrator and notify the department when there is a change in administrator;
(b) Ensure that clients have immediate access to staff, or the means to contact staff, at all times;
(c) Provide adequate staff ((within contracted hours to administer the program and))to meet the needs of clients as identified in their person-centered service plans;
(d) Not routinely involve clients in the unpaid instruction and support of other clients;
(e) Not involve clients receiving crisis diversion services in the instruction and support of other clients; and
(f) Retain all records and other material related to the residential services contract for six years after expiration of the contract.
The following section of the Washington Administrative Code is repealed:
WAC 388-101D-0120
Approval of staff-coverage schedules.