Developmental Disabilities Administration

WACs 388-828-1020 and 388-828-1520

DDA is amending these rules to: add and revise definitions for the chapter; add options for how an assessment is completed; clarify when and where home visits occur; and require case managers to request to view the living quarters of all clients receiving a paid service.

WACs 388-829Z-005, 388-829Z-010, 388-829Z-015, 388-829Z-020, 388-829Z-025, 388-829Z-030, 388-829Z-035, 388-829Z-040, 388-829Z-045, 388-829Z-050, 388-829Z-055, 388-829Z-060, 388-829Z-065, 388-829Z-070, 388-829Z-075, 388-829Z-080, 388-829Z-085, and 388-829Z-090

The purpose of this filing is to create regulations for the transitional support services provided at the Rainier School. Enacting these rules on an emergency basis is necessary for preserving the health, safety, and general welfare of clients receiving emergency transitional support services at Rainier School. Clients currently receiving these services were originally admitted to Rainier School in response to the COVID-19 public health emergency. With the declared state of emergency ending, these rules are intended to inform clients about the service they are receiving and the future of that service.

WACs 388-101D-0065, 388-825-020, 388-825-058, 388-825-059, 388-825-067, 388-825-068, 388-825-072, 388-825-073, 388-825-074, 388-825-079, 388-825-081, 388-825-082, 388-825-120, 388-825-150, 388-825-300, 388-825-305, 388-825-310, 388-825-315, 388-825-325, 388-825-330, 388-825-340, 388-825-375, 388-825-385, 388-825-395, 388-825-396, 388-825-0581, 388-825-600, 388-825-605, 388-825-610, 388-825-615, 388-825-620, 388-825-621, 388-825-625, 388-825-630, 388-825-635, 388-825-650, 388-825-655, 388-825-660, 388-825-670 & 388-845-1615

Amendments to WAC 388-101D-0065 replace details about background checks in WAC 388-101D-0065 with cross-references to chapter 388-113 and 388-825 WAC for consistency. Amendments to Chapter 388-825 WAC: replace inaccurate cross references; add, remove, and amend definitions; clarify service eligibility for state-only funded services and medicaid state plan services; update rules about home care agencies and individual providers to align with chapters 388-71, 388-113, and 388-115 WAC; amend appeal related rules; add exemptions allowable under statute for enrolled members of federally recognized Indian tribes; amend background check rules, particularly those for RHC employees; create comprehensive lists of DDA-authorized services. In WAC 388-825-615(4), an effective date was changed from January 1, 2023, to July 1, 2023. The date was mistakenly left in the proposed rule text. DDA cannot implement that change retroactively, so the rule text was updated to include an implementation date in the future. DDA is not proceeding with amendments to WAC 388-825-0571 at this time and the rule was removed from the final rule text. Whether DDA will proceed with amendments to WAC 388-825-0571 is to be determined.

WACs 388-845-0001, 388-845-0005, 388-845-0010, 388-845-0030, 388-845-0041, 388-845-0045, 388-845-0050, 388-845-0070, 388-845-0100, 388-845-0105, 388-845-0110, 388-845-0111, 388-845-0113, 388-845-0210, 388-845-0215, 388-845-0220, 388-845-0225, 388-845-0230, 388-845-0415, 388-845-0425, 388-845-0500, 388-845-0501, 388-845-0505, 388-845-0506, 388-845-0510, 388-845-0515, 388-845-0525, 388-845-0650, 388-845-0660, 388-845-0800, 388-845-0805, 388-845-0810, 388-845-0820, 388-845-0900, 388-845-0910, 388-845-0940, 388-845-0945, 388-845-0950, 388-845-0955, 388-845-1030, 388-845-1040, 388-845-1163, 388-845-1190, 388-845-1192, 388-845-1195, 388-845-1197, 388-845-1600, 388-845-1607, 388-845-1620, 388-845-1660,388-845-1800, 388-845-1805, 388-845-1810, 388-845-1865, 388-845-1870, 388-845-1880, 388-845-1890, 388-845-2000, 388-845-2005, 388-845-2010, 388-845-2130, 388-845-2141, 388-845-2142, 388-845-2143, 388-845-2150, 388-845-2155, 388-845-2200, 388-845-2205, 388-845-2210, 388-845-2260, 388-845-2270, 388-845-2283, 388-845-2285, 388-845-2290, 388-845-3055, 388-845-3056, 388-845-3065, 388-845-3075, 388-845-3080, 388-845-4000, and 388-845-4005

These changes to chapter 388-845 WAC are necessary to implement amendments to DDA’s home and community-based services (HCBS) waivers as approved by the federal Centers for Medicare and Medicaid Services (CMS). Major changes to the chapter: adjust the yearly limits applicable to certain waivers; add assistive technology to multiple waivers; remove the positive behavior support and consultation service from all waivers except the Community Protection waiver; amend the definition of the specialized evaluation and consultation service; amend the definition of community engagement; add teleservice as a service delivery method; add remote supports to multiple waivers; and make other changes necessary to implement amendments to DDA’s HCBS waivers as approved by CMS.  
 

WAC 388-829-0087

DDA is amending WAC 388-829-0087 to extend due dates for continuing education credits required under Chapter 388-829 WAC. Direct-service providers and other staff will benefit from extra time provided to complete continuing education credits that are required as part of being a qualified provider. Failing to enact these extended deadlines may result in provider citations, which could affect client access to service providers.

WACs 388-845-0603, 388-845-0610 & 388-845-2110

These changes are necessary to implement amendments to DDA’s home and community-based services (HCBS) waivers as approved by the federal Centers for Medicare and Medicaid Services (CMS). Amendments remove the prohibition to receive employment services and community inclusion services concurrently. Removing “consecutive” from WAC 388-845-0603 aligns the rule with RCW 71A.12.280. Filing these amendments on an emergency basis is necessary to ensure federal compliance and maintain federal funding for the state.

WACs 388-829B-200, 388-829B-300, 388-829B-400 & 388-829B-600

The purpose of these amendments is to expand Enhanced Case Management Program (ECMP) capacity and clarify appeal rights regarding enrollment onto the ECMP caseload. 

Chapter 388-845 WAC

These changes to chapter 388-845 WAC are necessary to implement amendments to DDA’s home and community-based services (HCBS) waivers as approved by the federal Centers for Medicare and Medicaid Services (CMS). Major changes to the chapter: adjust the yearly limits applicable to certain waivers; add assistive technology to multiple waivers; remove the positive behavior support and consultation service from all waivers except the Community Protection waiver; amend the definition of the specialized evaluation and consultation service; and make other changes necessary to implement amendments to DDA’s HCBS waivers as approved by CMS. 

WACs 388-829Z-005, 388-829Z-010, 388-829Z-015, 388-829Z-020, 388-829Z-025, 388-829Z-030, 388-829Z-035, 388-829Z-040, 388-829Z-045, 388-829Z-050, 388-829Z-055, 388-829Z-060, 388-829Z-065, 388-829Z-070, 388-829Z-075, 388-829Z-080, 388-829Z-085, and 388-829Z-090

The purpose of this filing is to create regulations for the transitional support services provided at the Rainier School. Enacting these rules on an emergency basis is necessary for preserving the health, safety, and general welfare of clients receiving emergency transitional support services at Rainier School. Clients currently receiving these services were originally admitted to Rainier School in response to the COVID-19 public health emergency. With the declared state of emergency ending, these rules are intended to inform clients about the service they are receiving and the future of that service.

WACs 388-828-9235, 388-828-9340, 388-828-9360, 388-845-1035, and 388-845-2105

Amendments to these rules align with changes to the DDA assessment in CARE, remove content about prevocational services, correct inaccurate cross-references, and reformat sections about qualified providers.

WAC 388-101D-0030

DDA is amending WAC 388-101D-0030 to allow providers to hire a person without a high school diploma or GED.

WAC 388-101D-0030, 388-101D-0070, 388-101D-0075, and 388-101D-0080

Amendments to WAC 388-101D-0030 align with the education qualifications for direct support professionals in Chapter 388-112A WAC and Chapter 74.39A RCW, which do not require a GED or high school diploma. Amendments to WAC 388-101D-0070 align it with WAC 388-101D-0075 and 28 C.F.R. Section 20.33(d). WAC 388-101D-0070(3) was too broad in how long it allowed a fingerprint result to remain valid. Removing subsection (3) aligns this rule with federal regulations. Additionally, the FBI audit guide for noncriminal justice access to criminal history record information (CHRI), has determined that reuse of CHRI is permitted for the “same purpose” but only “within a relatively short period of time.” Amendments to WAC 388-101D-0080 correct broken cross-references. These permanent rules supersede emergency rules currently enacted on these sections.

Chapter 388-829Z WAC

The purpose of this filing is to create regulations for the services provided at the Rainier School. Enacting these rules on an emergency basis is necessary for preserving the health, safety, and general welfare of clients receiving emergency transitional support services at Rainier School. Clients currently receiving these services were originally admitted to Rainier School in response to the COVID-19 public health emergency. With the declared state of emergency ending, these rules are intended to inform clients about the service they are receiving and the future of that service.

WACs amended: 388-845-0001, -0005, -0010, -0045, -0050, -0070, -0110, -0111, -0210, -0215, -0220, -0225, -0230, -0415, -0425, -0500, -0505, -0510, -0515, -0800, -0805, -0810, -0820, -0900, -0940, -1030, -1040, -1163, -1190, -1192, -1195, -1197, -1660, -1810, -1865, -1890, -2000, -2005, -2010, -2130, -2210, -2260, -2290, -3080, -4000, & -4005; new WACs 388-845-2141, -2142, & -2143; repealed WACs 388-845-0501 & -0506

The changes to the sections of chapter 388-845 WAC listed above are necessary to implement amendments to DDA’s home and community-based services (HCBS) waivers as approved by the federal Centers for Medicare and Medicaid Services (CMS). Major changes to the chapter: adjust the yearly limits applicable to certain waivers; add assistive technology to multiple waivers; remove the positive behavior support and consultation service from all waivers except the Community Protection waiver; amend the definition of the specialized evaluation and consultation service; and make other changes necessary to implement amendments to DDA’s HCBS waivers as approved by CMS.

WAC 388-101D-0030

The department’s Developmental Disability Administration (DDA) is proposing to amend WAC 388-101D-0030 to temporarily allow providers to hire a person without a high school diploma or GED.

WACs 388-829-0085, -0086, -0087

Amendments to WAC 388-829-0085 clarify when continuing education credits must be completed. New WAC 388- 829-0086 establishes training deadlines for direct support professionals employed during the COVID-19 public health emergency. New WAC 388-829-0087 grants 12 hours of continuing education credits for direct support professionals employed between March 1, 2020, and February 28, 2021, due to the on-the-job training completed during the public health emergency. WAC 388-829-0087 also extends continuing education deadlines for all direct support professionals until December 31, 2022, or 120 days from the end of the COVID-19 training waivers established by gubernatorial proclamation, whichever is later.

WAC 388-823-0510

The department’s Developmental Disabilities Administration (DDA) amended this section to expand the list of professionals from whom DDA accepts a statement that a person’s autism prevents the person from completing a full-scale intellectual quotient test (FSIQ). This final rule supersedes the CR-103E filed under WSR 22-07-039.

WAC 388-845-2019

This rule makes temporary allowances necessary to address the health and safety of waiver recipients and help control the spread of COVID-19. The allowances in this rule were approved by the Centers for Medicare and Medicaid Services (CMS) in an Appendix K waiver, the purpose of which is to address the effects of the COVID-19 public health emergency. These temporary allowances will end according to direction from CMS. This permanent rule supersedes the emergency rule filed under WSR 22-12-024 on May 23, 2022.

WAC 388-845-2019

The department is promulgating WAC 388-845-2019 on an emergency basis to make temporary modifications to DDA’s home and community-based services waivers to control the spread of the COVID-19 virus and to meet immediate health and safety needs. This subsequent emergency filing keeps the rule in place until the permanent is effective, 31 days after filing.

WACs 388-829-0085, -0086, -0087

The department’s Developmental Disabilities Administration is amending one section in Chapter 388-829 WAC and adding two new sections to Chapter 388-829 WAC. These amendments are necessary to establish due dates for training required under Chapter 388-829 WAC and to allow DDA to accept on-the-job learning related to COVID-19 to satisfy continuing education requirements.

Chapter 388-847 WAC

The department’s Developmental Disabilities Administration is adding a new WAC chapter that is necessary to establish regulations for DDA’s new provider of stabilization services – the Stabilization, Assessment, and Intervention Facility (SAIF). These rules establish eligibility criteria for admission to a SAIF and other service delivery requirements.

WAC 388-101D-0030

The department’s Developmental Disabilities Administration (DDA) is amending WAC 388-101D-0030 to temporarily allow providers to hire a person without a high school diploma or GED.

WAC 388-823-0510

The Developmental Disabilities Administration (DDA) is clarifying from whom it accepts a written statement indicating a person’s autism prevents the person from completing a full-scale intellectual quotient (FSIQ) test.

WAC 388-845-2019

The Department is enacting WAC 388-845-2019 on an emergency basis to make temporary modifications to DDA’s home and community-based services waivers to control the spread of the COVID-19 virus and to meet immediate health and safety needs. This is a subsequent filing on WAC 388-845-2019; this rule language does not differ from that of the previous filing.

WAC 388-829-0085, 0086, 0087

DDA is amending one section in Chapter 388-829 WAC and adding two new sections to Chapter 388-829 WAC. These amendments are necessary to establish due dates for training required under Chapter 388-829 WAC and to allow DDA to accept on-the-job learning related to COVID-19 to satisfy continuing education requirements. 
 

WAC 388-829C-131, 135

DDA amended WAC 388-829C-131 to remove the daily rate multiplier from rule, to remove the DSHS 10-234 form requirement, and to establish requirements for clients who require a behavior support plan and receive services from a companion home provider. DDA removed the multiplier because it changes too frequently for the permanent rule to remain accurate. Instead of codifying the multiplier in rule, DDA will publish companion home provider rates on the Office of Rates Management’s website under Developmental Disabilities Rates. Typically, DSHS 10-234 was only completed at the time of a client’s referral to a companion home. Removing the requirement that a client have a challenging behavior documented on form DSHS 10-234 will allow providers supporting a client who develops a need for behavior support after referral to potentially become eligible for a higher rate. DDA added behavior support plan requirements to a new section to align with plan requirements in DDA policy.

WAC 388-829-0085, 0086, and 0087

DDA is amending one section in Chapter 388-829 WAC and adding two new sections to Chapter 388-829 WAC. These amendments are necessary to establish due dates for training required under Chapter 388-829 WAC and to allow DDA to accept on-the-job learning related to COVID-19 to satisfy continuing education requirements. 

WAC 388-845-2110

DDA amended WAC 388-845-2110 to adjust the criteria for who can receive supported employment services. Additional amendments align with approved HCBS waivers by: replacing “community access” with the service’s new name, “community inclusion”; and removing prevocational services, which are no longer available through DDA’s HCBS waivers.  

WAC 388-823-0500, 0720

The Developmental Disabilities Administration is amending WAC 388-823-0500 to establish criteria for an acceptable diagnostic report and amending WAC 388-823-0720 to replace the Woodcock-Johnson Test of Achievement with the Woodcock-Johnson Test of Cognitive Abilities.

WAC 388-101D-0030

DDA is amending WAC 388-101D-0030 to temporarily allow providers to hire a person without a high school diploma or GED.

WAC 388-823-0720

DDA is enacting changes to WAC 388-823-0720 on an emergency basis to remove the Woodcock-Johnson Test of Achievement. Recently under WSR 21-13-164, DDA mistakenly adopted language that says DDA will accept the Woodcock-Johnson Test of Achievement” as evidence of a person’s FSIQ; however, the text should continue to read “Woodcock-Johnson Test of Cognitive Abilities” as it stated before filing WSR 21-13-164.

WAC 388-823-0510

DDA is clarifying from whom it accepts a written statement indicating a person’s autism prevents the person from completing a full-scale intellectual quotient (FSIQ) test.

WAC 388-845-2019

The department is enacting WAC 388-845-2019 on an emergency basis to make temporary modifications to DDA’s home and community-based services waivers in order to control the spread of the COVID-19 virus and to meet immediate health and safety needs. This is the seventh filing on WAC 388-845-2019; however, this rule language differs from that of the sixth filing. The language in this filing removes a limit to distance-based observation and reporting to allow clients receiving residential habilitation to receive the service. Removing the limit is necessary to meet the health and welfare needs of clients receiving residential habilitation services whose provider might be experiencing staff shortages due to the ongoing public health emergency. This filing cancels and supersedes the emergency rule filed as WSR 21-19-083.

Chapter 388-829 WAC

The Developmental Disabilities Administration is amending one section in Chapter 388-829 WAC and adding two new sections to Chapter 388-829 WAC. These amendments are necessary to establish due dates for training required under Chapter 388-829 WAC and to allow DDA to accept on-the-job learning related to COVID-19 to satisfy continuing education requirements. 

Chapter 388-845 WAC

DDA is enacting these changes to align Chapter 388-845 WAC with HCBS waiver amendments approved by the Centers for Medicare and Medicaid Services (CMS).

Chapter 388-845 WAC

DDA amended these rules to enforce federal waiver application requirements and update service definitions, service limits, and other service details. When CMS approves DDA’s waiver applications, DDA’s rules must align with those approved waiver applications. DDA must comply with federal Medicaid rules to continue to receive federal funding.

Chapter 388-828 WAC

DDA amended this chapter to update the DDA assessment rules to reflect the switch from a desktop application to a web-based application. These changes do not affect any algorithms in the assessment that determine eligibility for a service or a client’s benefit level. DDA also amended the definition of “contracted provider” to include CDE-employed individual providers. Additional amendments replace outdated terminology, such as “DDD,” “ISP,” “ADSA,” “ICF/MR,” “SSPS,” etc., and update and clarify language that was inaccurate or ambiguous.

WAC 388-845-2019

The Department is enacting WAC 388-845-2019 on an emergency basis to make temporary modifications to DDA’s home and community based services waivers in order to control the spread of the COVID-19 virus and to meet immediate health and safety needs. This is a subsequent filing on WAC 388-845-2019 to enact Centers for Medicare and Medicaid Services approved additional Appendix K waiver amendments on an emergency basis.

WAC 388-101D-0500

DDA amended this section to: require approval of a community protection (CP) client’s home location by the CP provider’s administrator; and require documentation of the administrator’s approval, the client’s new address, and the security precautions the provider will implement.

WAC 388-823-0720

DDA is enacting changes to WAC 388-823-0720 on an emergency basis to remove the Woodcock-Johnson Test of Achievement. Recently under WSR 21-13-164, DDA mistakenly adopted language that says DDA will accept the Woodcock-Johnson Test of Achievement” as evidence of a person’s FSIQ; however, the text should continue to read “Woodcock-Johnson Test of Cognitive Abilities” as it stated before filing WSR 21-13-164.

Chapter 388-826 WAC

Amendments to Chapter 388-826 WAC align with recent amendments to Chapter 74.13 RCW, and align with new chapter 71A.28 RCW, Out-of-Home Services. These amendments are necessary to update the program from the voluntary placement services (VPS) model to the way the program will now operate under chapter 71A.28 RCW as out-of-home services.

Chapter 388-833 WAC

The Developmental Disabilities Administration is amending this chapter to change the program’s name. The name is changing from “community crisis stabilization services” to “intensive habilitation services for children.” This is not a substantive change—in other words, no changes are being made to the way the program operates.

WAC 388-823-0500, 0510, 0720

DDA amended these rules to align with changes to the Diagnostic Statistical Manual, extend the age range for acceptable evidence of onset as requested by a nongovernmental entity, remove the severity level criteria requirement, and add more full-scale intellectual quotient (FSIQ) assessment types.

Chapter 388-845 WAC

DDA is enacting these changes to align Chapter 388-845 WAC with HCBS waiver amendments approved by the Centers for Medicare and Medicaid Services (CMS).

Chapter 388-101D WAC

The Developmental Disabilities Administration repealed WAC 388-101D-0360 to remove the requirement for providers to maintain a psychotropic medication treatment plan. Amendments to WAC 388-101D-0355 establish requirements for what must be in a client’s record if the client is prescribed a psychotropic medication. Amendments to WAC 388-101D-0405, and WAC 388-101D-0410 state when functional assessments and positive behavior support plans are required and establish criteria for their development and implementation.

WAC 388-829-0005

These amendments add several providers to the scope of Chapter 388-829-0005 including children’s state-operated living alternative (SOLA) providers, overnight planned respite services (OPRS) providers, group training home providers, and stabilization, assessment, and intervention facility (SAIF) providers. These amendments also replace “community crisis stabilization services” with the program’s new name, “intensive habilitation services for children.”

WAC 388-845-2019

The Department is enacting WAC 388-845-2019 on an emergency basis to make temporary modifications to DDA’s home and community based services waivers in order to control the spread of the COVID-19 virus and to meet immediate health and safety needs. This is the fifth filing on WAC 388-845-2019; however, language in this filing differs substantively from the fourth because the Centers for Medicare and Medicaid Services approved additional Appendix K waiver amendments. This emergency cancels and supersedes the CR 103E filed as WSR 21-06-036.

WAC 388-845-2019

The department is enacting WAC 388-845-2019 on an emergency basis to make temporary modifications to DDA’s home and community based services waivers in order to control the spread of the COVID-19 virus and meet immediate health and safety needs. This is the fourth emergency filing on WAC 388-845-2019, and the language in this fourth filing is identical to that of the third emergency filed as WSR 20-22-035. However, language in this filing and the third emergency filing differs substantively from the first and second emergency filings because DDA is progressing through the permanent rulemaking process and has received feedback that has resulted in changes to rule language.   

Chapter 388-845 WAC

The Developmental Disabilities Administration (DDA) is enacting these changes to align chapter 388-845 WAC with Home and Community Based Services (HCBS) waiver amendments approved by the Centers for Medicare and Medicaid Services (CMS).

WAC 388-823-1095

The department is amending WAC 388-823-1095 to implement Second Substitute House Bill 1651 (2019), which is related to the rights of Developmental Disabilities Administration (DDA) clients.

WAC 388-845-2019

The department is enacting WAC 388-845-2019 on an emergency basis to make temporary modifications to DDA’s home and community based services waivers in order to control the spread of the COVID-19 virus and to meet immediate health and safety needs. This is a subsequent emergency. The language differs from the emergency rule filed as WSR 20-14-101 because DDA is progressing through the permanent rulemaking process and received feedback on the rule that resulted in changes.  

Chapter 388-845 WAC

The Developmental Disabilities Administration (DDA) is enacting these changes to align chapter 388-845 WAC with Home and Community Based Services (HCBS) waiver amendments approved by the Centers for Medicare and Medicaid Services (CMS).

Chapter 388-845 WAC

The Developmental Disabilities Administration (DDA) is enacting these changes to align chapter 388-845 WAC with Home and Community Based Services (HCBS) waiver amendments approved by the Centers for Medicare and Medicaid Services (CMS).

WAC 388-845-2019

The department is enacting WAC 388-845-2019 on an emergency basis to make temporary modifications to DDA’s home and community based services waivers in order to control the spread of the COVID-19 virus and to meet immediate health and safety needs. This is the second filing on this rule and replaces the CR-103E Rule-Making Order filed as WSR 20-08-056 on March 25, 2020. The language in this second filing differs from the first filing because Appendix K was updated to reflect current system needs during the COVID-19 outbreak. The Centers for Medicare and Medicaid Services approved these Appendix K changes on June 10, 2020. This second emergency amends and supersedes the emergency rule filed as WSR 20-08-056.

WAC 388-829C-131

The Developmental Disabilities Administration (DDA) amended this rule to implement a 13.5% daily rate increase for companion home providers as approved in the 2019 operating budget under ESHB 1109 (Chapter 415, Laws of 2019), Section 203.

WAC 388-845-2019

The department is enacting WAC 388-845-2019 on an emergency basis to make temporary modifications to DDA’s home and community based services waivers in order to control the spread of the COVID-19 virus and to meet immediate health and safety needs.

Chapter 388-829R WAC

These amendments do the following: change eligibility criteria to offer overnight planned respite services to clients with paid and unpaid caregivers; add certification and evaluation procedures to clarify the quality assurance process; clarify who can become an overnight planned respite services provider; and increase readability for people who use chapter 388-829R WAC by reorganizing content, clarifying language, and eliminating duplications and outdated information.

Chapter 388-845 WAC

The Developmental Disabilities Administration (DDA) is amending these rules as part of the administration’s waiver renewal process. These changes were approved by the Centers for Medicare and Medicaid Services on July 30, 2019, and are effective September 1, 2019. Many of these changes were enacted by an emergency rule adoption orders, WSR 19-18-048 and WSR 20-02-044. These changes are necessary to enact the amendments on a permanent basis and to provide services as approved in DDA’s home and community based services waivers. 

Chapter 388-826 WAC

The department is amending WAC 388-826-0075 and WAC 388-826-0095, repealing WAC 388-826-0090, and creating new sections including WAC 388-826-0096, WAC 388-826-0097, and WAC 388-826-0098. The amendments are necessary to do the following: align the calculation of client participation for voluntary placement services (VPS) clients with that of other waiver participants; clarify parent and guardian responsibilities; and require clients receiving VPS in child foster homes to establish a basic expense agreement.

Chapter 388-845 WAC

The Developmental Disabilities Administration (DDA) is amending sections in chapter 388-845 WAC as part of the administration’s waiver renewal process. These emergency rules reflect changes approved by the Centers for Medicare and Medicaid Services (CMS) on July 30, 2019, effective September 1, 2019. This second emergency rule filing is necessary to keep these rules in effect until DDA completes the permanent rule-making process. DDA filed a CR-102 Proposed Rule Making on December 3, 2019 as WSR 19-24-082. A public hearing is scheduled for January 22, 2020.

WAC 388-827-0105

The department is amending WAC 388-827-0105 to clarify language and add a reference to the Health Care Authority’s regulations under WAC 182-512-0880.  

WAC 388-823-0500

The department is amending WAC 388-823-0500 to expand the list of professionals from whom the Developmental Disabilities Administration (DDA) accepts a diagnosis of autism. These amendments add licensed physicians associated with an autism center, developmental center, or center of excellence, as well as ARNPs associated with a center of excellence.
 

Chapter 388-845 WAC

The Developmental Disabilities Administration (DDA) is amending sections in chapter 388-845 WAC as part of the administration’s waiver renewal process. These emergency rules reflect changes approved by the Centers for Medicare and Medicaid Services (CMS) on July 30, 2019, effective September 1, 2019.

WAC 388-828-9360

The department is amending WAC 388-828-9360 to allow short-term employment support to be authorized for a maximum of six months at a time rather than three months at a time.

WAC 388-823-0770, 1010, 1015

These amendments increase the amount of time an assessment may be used as evidence of developmental delay, clarifies for internal Developmental Disabilities Administration (DDA) eligibility workers when an eligibility review is required for clients who are 19 years old, and clarifies the definition of a DDA-paid service.

WAC 388-825-091, 837-9010

This amended rule and new rule are necessary to help the Developmental Disabilities Administration (DDA) comply with federal Medicaid law and receive federal funding. The changes clarify the care provided at residential habilitation centers by cross-referencing the level of care for nursing facilities under WAC 388-106-0355, and by incorporating language from CFR to describe active treatment services in an intermediate care facilities for individuals with intellectual disabilities (ICF/IIDs).

WAC 388-845-1410

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 HCBS settings. The Developmental Disabilities Administration (DDA) must enact this mass change to comply with the CMS-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.”

WAC 388-845-1410

The department is amending WAC 388-845-1410 “Are there limits to the prevocational services you may receive?” to eliminate prevocational services by March 1, 2019.

WAC 388-101D-0025, 0120

The department is amending WAC 388-101D-0025 and repealing WAC 388-101D-0120 to remove requirements for hourly staffing schedules.

WAC 388-101D-0025, 0120

The department is amending WAC 388-101D-0025 and repealing WAC 388-101D-0120 to remove requirements for residential service providers to schedule within contracted hours and obtain approval of staff coverage schedules. These administrative activities are no longer necessary as part of the tiered rates system established under ESSB 6032 (2018) and approved by the Centers for Medicare and Medicaid Services (CMS).

WAC 388-825-091 and 388-837-9010

The department is amending WAC 388-825-091 “Am I eligible for residential habilitation center (RHC) services?” and creating WAC 388-837-9010 “Must a client in an ICF/IID be able to benefit from active treatment?” on an emergency basis to correctly reflect federal ICF/IID eligibility requirements.

WAC 388-823-9310, 9330, 9335, 9350, and 388-845-2100

The department amended WAC 388-828-9310 to replace “community access” with the service’s new name, “community inclusion,” which was approved through a waiver amendment by the Centers for Medicare and Medicaid Services (CMS). Amendments to WAC 388-828-9330 and WAC 388-828-9335 replace “In Training/Job Development” with “Working at subminimum wage or in job development” as requested by Disability Rights Washington. Amendments to WAC 388-828-9350 remove provider travel time as a reason to authorize additional employment support hours for a client; this change aligns with CMS-approved waiver amendments, which do not include provider travel time in the service definition or service limitations as justification for additional employment support hours. Amendments to WAC 388-845-2100 add language requested by the Seattle Commission for People with Disabilities. 

WAC 388-845-1615

The department is amending WAC 388-845-1615 “Who may be qualified providers of respite care?” to require home care agencies to contract with area agencies on aging. This requirement was approved by the Centers for Medicare and Medicaid Services and must be enacted in rule to be implemented.

WAC 388-845-1615

The department is enacting amendments to WAC 388-845-1615 on an emergency basis to require homecare agencies to be contracted with Area Agencies on Aging. These amendments align with waiver amendments approved by the Centers for Medicare and Medicaid Services (CMS).

WAC 388-845-1410

The department is amending WAC 388-845-1410 “Are there limits to the prevocational services you may receive?” to eliminate prevocational services by March 1, 2019.

WACs 388-101D-0025 and 0120

The department is amending WAC 388-101D-0025 and repealing WAC 388-101D-0120 to remove requirements for hourly staffing schedules.

Chapter 388-828 WAC

These amendments align DDA’s current Supports Intensity Scale (SIS) with the American Association on Intellectual and Developmental Disabilities’ (AAIDD’s) latest version of the SIS-A (adult version).

WACs 388-825-091 and 388-837-9010

The department is amending WAC 388-825-091 “Am I eligible for residential habilitation center (RHC) services?” and creating WAC 388-837-9010 “Must a client in an ICF/IID be able to benefit from active treatment?” to correctly reflect federal ICF/IID eligibility requirements.