SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed May 15, 2019, 9:14 a.m., effective June 15, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-845-1410 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. 441.301 (c)(4) for home and community based services settings. The developmental disabilities administration (DDA) must enact this mass change to comply with the Centers of Medicare and Medicaid Services approved waiver amendments that eliminate prevocational services on the basic plus and core waivers. DDA also amended this rule to replace "community access" with the service's new name, "community inclusion."
Citation of Rules Affected by this Order: Amending WAC 388-845-1410.
Other Authority: 42 C.F.R. 441.301 (c)(4), RCW 71A.12.120
Adopted under notice filed as WSR 19-07-023 on March 12, 2019.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: May 14, 2019.
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.