WSR 25-21-065
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Home and Community Living Administration))
((Home and Community Services)
[Filed October 13, 2025, 4:15 p.m., effective November 13, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of the proposed removal of this limitation and its anticipated effect is that it will allow for increased access to a wider range of eligible assistive devices/services, some of which may have an ongoing recurring fee, for a client on the community first choice program.
Citation of Rules Affected by this Order: Amending WAC 388-106-0274.
Adopted under notice filed as WSR 25-15-074 on July 15, 2025.
A final cost-benefit analysis is available by contacting Victoria Nuesca, P.O. Box 45600, Olympia, WA 98504-5600, phone 360-725-2393, TTY 711 relay service, email victoria.nuesca@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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 13, 2025.
Katherine I. Vasquez
Rules Coordinator
SHS-5085.1
AMENDATORY SECTION(Amending WSR 23-12-082, filed 6/6/23, effective 7/7/23)
WAC 388-106-0274Are there limits to the assistive technology I may receive?
(1) There are limits to the assistive technology you may receive. Assistive technology excludes:
(a) Any purchase solely for recreational purposes;
(b) Items of general utility, meaning they are used by people in the absence of illness, injury, or disability, such as a wood splitter, facial wipes, menstrual supplies, or a slow cooker;
(c) Subscriptions((,))and data plan charges((, and ongoing recurring fees));
(d) Educational software, game applications, or gift cards for educational/game applications;
(e) Medical supplies and medical equipment, items available as specialized equipment and supplies, or durable medical equipment;
(f) Specialized clothing or slip-on shoes that are for convenience and not adaptive in nature;
(g) Exercise equipment;
(h) Home/environmental modifications;
(i) Medically necessary items, including but not limited to compression socks/stockings, orthotics, hearing aids, and eyeglasses; and
(j) Any item that would otherwise be covered under any other payment source, including but not limited to medicare, medicaid, private insurance, or another resource.
(2) In combination with skills acquisition training, assistive technology purchases are limited to a yearly amount determined by the department per fiscal year.
(3) To help decide whether to authorize assistive technology the department may require a treating professional's written recommendation regarding the need for an assistive technology evaluation. The treating professional who makes this recommendation must:
(a) Have personal knowledge of and experience with the requested assistive technology that is in alignment with their profession; and
(b) Have evaluated you, reviewed your medical records, have knowledge of your level of functioning, and your ability to use the requested assistive technology or device.
(4) Your choice of assistive technology is limited to the most cost effective option that meets your health and welfare needs.
(5) Replacement of an assistive technology item or piece of equipment is limited to once every two years.