Developmental Disabilities Administration

Type: 
Recently Adopted Rules (CR-103P and CR-103E)

 

Rule Title/Subject Contact Washington State Register Citations

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 20-14-101
Effective Date: June 30, 2020

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 20-13-091
Effective Date: July 18, 2020

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 20-08-056
Effective Date: March 25, 2020

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for people who use chapter 388-829R WAC by reorganizing content, clarifying language, and eliminating duplications and outdated information.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 20-08-033
Effective Date: May 1, 2020

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. 

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 20-05-080
Effective Date: March 20, 2020

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 20-02-101
Effective Date: February 1, 2020

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 20-02-044
Effective Date: December 28, 2019

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.  

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 19-23-035
Effective Date: December 13, 2019

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.
 

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 19-19-061
Effective Date: October 17, 2019

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 19-18-048
Effective Date: 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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 19-15-008
Effective Date: August 8, 2019

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 19-14-119
Effective Date: August 3, 2019

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).

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 19-12-088
Effective Date: July 5, 2019

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.”

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 19-11-061
Effective Date: June 15, 2019

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 19-11-043
Effective Date: May 10, 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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 19-09-047
Effective Date: April 30, 2019

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).

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 19-09-033
Effective Date: May 11, 2019

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 19-09-026
Effective Date: April 11, 2019

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. 

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 19-06-053
Effective Date: April 4, 2019

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 19-04-090
Effective Date: March 8, 2019

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).

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 19-03-128
Effective Date: January 24, 2019

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 19-03-123
Effective Date: January 17, 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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 19-02-073
Effective Date: January 1, 2019

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).

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 19-02-020
Effective Date: February 1, 2019

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. 

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 19-01-037
Effective Date: December 13, 2018

Chapter 388-101D WAC

The Developmental Disabilities Administration (DDA) is creating new rules to establish requirements for DDA-contracted group training homes. Group homes were previously certified and licensed by Residential Care Services within DSHS. These new rules simplify qualifications by allowing a certified and licensed group training home to move to a certified group training home model.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-23-101
Effective Date: January 1, 2019

Chapter 388-826 WAC, WAC 388-845-1515

The department is amending these rules to update program requirements, clarify training requirements, and simplify eligibility based on statute governing the program. The chapter has been rewritten using plain language principles, and some content has been moved and sections repealed to improve organization and readability of the chapter.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-23-004
Effective Date: December 8, 2018

Chapter 388-829 WAC

The Developmental Disabilities Administration (DDA) is amending chapter 388-829C WAC “Companion Homes” to make several policy updates to how residential habilitation services are delivered in the companion home setting. These amendments are necessary because these rules have not been updated in seven or more years. Substantive changes to the companion home rules address the following subjects: the application and certification processes to become a companion home provider; the process for determining the provider’s daily rate; provider responsibilities while using respite; the process for determining a companion home client’s annual respite allocation; when a companion home provider may request additional respite hours; the effect of additional respite hours on the provider’s daily rate; violations of the room and board agreement; requiring an individual financial plan; transferring client funds; protecting clients from water hazards; records the provider must maintain; and informal dispute resolution processes. Most of the chapter has been rewritten to clarify requirements and some sections have been repealed and their content added to other sections.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-22-106
Effective Date: December 7, 2018

WAC 388-845-1615

The department is enacting amendments to WAC 388-845-1615 “Who may be qualified providers of respite care?” 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).

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 18-20-055
Effective Date: September 26, 2018

WAC 388-829-0005

The department is amending WAC 388-829-0005 “Who do the training requirements in this chapter apply to?” to add Community Crisis Stabilization Services (CCSS) and State-Operated Living Alternatives (SOLA) to the scope of chapter 388-829 WAC. These amendments ensure CCSS and SOLA program staff receive the same training as the Developmental Disabilities Administration’s other residential service providers.  

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-18-020
Effective Date: September 24, 2018

WACs 388-825-091, 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. 

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 18-17-105
Effective Date: August 15, 2018

WACs 388-823-0025, 0050

The department is amending WAC 388-823-0025 and WAC 388-823-0050 in order to simplify the application process for potential clients including children receiving foster care and dependents of military service members, align requirements with the Health Care Authority’s rules under Title 182 WAC, amend who can request a DDA eligibility determination, and clarify who is considered a Washington state resident. 

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-17-028
Effective Date: September 6, 2018

Chapter 388-823 WAC

The department is amending WAC 388-823-0600, WAC 388-823-0610, WAC 388-823-1005, and WAC 388-823-1010 in order to align with the definition of developmental disability under RCW 71A.10.020 and remove Developmental Disabilities Administration (DDA) eligibility as a barrier to accessing Medically Intensive Children Program (MICP) services under chapter 182-551 WAC. These amendments also ensure clients who became eligible for DDA due solely to MICP eligibility remain DDA eligible as long as they continue to receive fee-for-service MICP services. Finally, these amendments also simplify the review and expiration rules for clients turning twenty.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-15-046
Effective Date: August 13, 2018

WAC 388-833-0015

The department is amending WAC 388-833-0015 in order to clarify the age limit for Community Crisis Stabilization Services (CCSS) program eligibility and replace the name of the DSHS Children’s Administration with its new name, the Department of Children, Youth, and Families.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-14-108
Effective Date: August 5, 2018

Chapter 388-832 WAC

The Developmental Disabilities Administration (DDA) amended chapter 388-832 WAC to remove references to the Individual and Family Services (IFS) request list and require prior approval from the Assistant Secretary or designee for a community service grant project and limit community service grant projects to available funding. Other amendments clarify program requirements, eliminate unnecessary section divisions, and combine section content.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-14-002
Effective Date: July 21, 2018

Chapter 388-845 WAC

The department is amending chapter 388-845 WAC to align administrative rules with the waiver application approved by the Centers for Medicare and Medicaid Services (CMS). These rules are necessary in order for the Developmental Disabilities Administration (DDA) to provide services approved by CMS and receive federal financial participation. DDA must not authorize waiver services unless they are part of a waiver application approved by CMS; aligning the rules with the approved application maintains client access to waiver services.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-14-001
Effective Date: July 21, 2018

Chapter 388-845 WAC

The department is amending chapter 388-845 WAC as part of the Developmental Disabilities Administration’s waiver renewal process. The emergency rules identified below reflect the changes approved by the Centers for Medicare and Medicaid Services (CMS) in August 2017. This subsequent emergency filing contains rule amendments identical to those filed on January 3, 2018 as WSR 18-02-093.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 18-11-007
Effective Date: May 3, 2018

WAC 388-835-0150

The department is repealing WAC 388-835-0150 “When does DSHS require discharge and readmission of a resident?” to harmonize Department of Social and Health Services (DSHS) internal processes with guidance from the federal Centers for Medicare and Medicaid Services (CMS).

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-10-073
Effective Date: May 31, 2018

WAC 388-823-1096

The department is creating WAC 388-823-1096 “What requirements must my home or community-based service setting meet?” in order to align with federal regulations. All of the Developmental Disabilities Administration’s 1915(c) Medicaid waivers must comply with settings-based requirements under 42 C.F.R. Section 441.301(c)(4).

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-10-071
Effective Date: May 31, 2018

Chapter 388-829B WAC

The department is creating new sections in a new chapter 388-829B WAC “Enhanced Case Management Program” to implement Senate Bill 6564 (2016) and establish DDA’s Enhanced Case Management Program.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-07-073
Effective Date: April 19, 2018

WAC 388-827-0105 and 0120

The department is amending WAC 388-827-0105 and WAC 388-827-0120 to ensure clients eligible for state supplementary payments remain eligible. The previous amendments to these rules, filed as WSR 17-13-022 on June 12, 2017, enacted ambiguous language that put current clients at risk of losing state supplementary payments.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-06-101
Effective Date: April 7, 2018

Chapters 388-825, 828, and 845 WAC

The department is amending these rules to clarify language, correct outdated information, and to be consistent with amendments to WAC 388-845-0603 filed under permanent rule adoption order WSR 17-12-002, which clarified community access eligibility. These amendments remove prevocational services from WAC 388-845-1040, which is part of Washington’s Statewide Transition Plan and complies with ESSB 6052 and 42 C.F.R Section 441.301(c)(4)-(5). Amendments to these rules also distinguish Washington State’s minimum wage from other minimum wages, such as SEA-TAC’s regional minimum wage.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 18-03-174
Effective Date: February 23, 2018

WAC 388-827-0105, 0120

The department is amending WAC 388-827-0105 “Who is eligible for a state supplementary payment?” and WAC 388-827-0120 “May DDA deny, reduce, or terminate a state supplementary payment?" to clarify language from recent amendments that may be interpreted in a way that limits a person’s eligibility for state supplementary payments (SSP). These emergency rules clarify and correct the ambiguous language that may limit SSP eligibility.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 18-03-104
Effective Date: January 19, 2018

Chapter 388-845 WAC

The department is amending WAC 388-845-1615 and 388-845-1620 as part of the Developmental Disabilities Administration’s waiver renewal process. These emergency rules reflect the changes approved by the Centers for Medicare and Medicaid Services (CMS) in August 2017. As part of this subsequent emergency rule filing, DDA is combining these amendments filed under WSR 17-19-004 with the emergency rules filed under WSR 17-21-070, which are also part of the CMS-approved waiver amendments. This emergency filing cancels and supersedes both WSR 17-19-004 and WSR 17-21-070.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 18-02-093
Effective Date: January 4, 2018

Chapter 388-845 WAC

The department is amending and repealing existing sections and creating new sections in chapter 388-845 WAC as part of the Developmental Disabilities Administration’s waiver renewal process. These emergency rules reflect the changes approved by the Centers for Medicare and Medicaid Services (CMS) in August 2017. The purpose of this filing is to correct an error and to cancel and supersede the CR-103E filed under WSR 17-18-066. This CR-103E adds WAC 388-845-0603 and 388-845-2000 to the set of amended rules.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 17-21-070
Effective Date: October 16, 2017

WAC 388-827-0105

The department is amending WAC 388-827-0105 “Who is eligible for a state supplementary payment?” and WAC 388-827-0120 “May DDA deny, reduce, or terminate a state supplementary payment?" to clarify language from recent amendments that may be interpreted in a way that limits a person’s eligibility for state supplementary payments (SSP). These emergency rules clarify and correct the ambiguous language that may limit SSP eligibility.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 17-20-011
Effective Date: September 22, 2017

WAC 388-845-1615, 1620

The department is amending WAC 388-845-1615 and WAC 388-845-1620 as part of the Developmental Disabilities Administration’s waiver renewal process. These emergency rules reflect the changes approved by the Centers for Medicare and Medicaid Services (CMS) in August 2017.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 17-19-004
Effective Date: September 7, 2017

Chapter 388-845 WAC

The department is amending and repealing existing sections and creating new sections chapter 388-845 WAC as part of the Developmental Disabilities Administration’s waiver renewal process. These emergency rules reflect the changes approved by the Centers for Medicare and Medicaid Services (CMS) in August 2017.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 17-18-066
Effective Date: September 1, 2017

Chapter 388-829 WAC

The department creating new sections, amending existing sections, and repealing sections in chapter 388-829 WAC “Community Residential Service Business Training Requirements” to clarify language, update policy, and align the chapter with RCW 74.39A.074, RCW 74.39A.341, RCW 74.39A.351, and RCW 18.88B.041.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 17-14-090
Effective Date: August 1, 2017

Chapter 388-827 WAC

In accordance with ESSB 6052, Section 205, 64th Legislature (2015) and SSA-authorized State Plan Amendments, the department is amending chapter 388-827 WAC to offer the State Supplementary Payment Program (SSP) to clients who received prevocational services as of September 1, 2015. The SSA-authorized State Plan Amendment added Pre-Vocational Legacy as an SSP payment. In order to comply with the State Plan, these rules are being updated. In addition, the federal government requires that the department meet the SSP maintenance of effort (MOE). Prevocational services do not meet the Centers for Medicare and Medicaid Services (CMS) federal requirements as an integrated setting. SSP Pre-Vocational Legacy will allow DDA clients to transition from prevocational services, which do not meet CMS requirements to access services, in an integrated setting. SSP Pre-Vocational Legacy may be used to purchase needed services, such as respite, and other community services. Other updates are being made to this chapter to improve rule clarity and update policy.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 17-13-022
Effective Date: July 13, 2017

WAC 388-828-1520

The department is amending WAC 388-828-1520 to require the department to ask any individual receiving a DDA-paid service in their home or place of residence for permission to view their living quarters during the DDA assessment and any follow up visit.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 17-12-012
Effective Date: June 26, 2017

WAC 388-845-1610, 1615

The department is amending WAC 388-845-1610 and WAC 388-845-1615 to remove references to overnight planned respite (OPR), which were mistakenly added to these sections under a previous rulemaking filed as WSR 16-17-003. OPR is still an available service and is not impacted by these amendments. Other amendments to these rules clarify rule language.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 17-12-011
Effective Date: June 26, 2017

WAC 388-845-0603

The department is amending WAC 388-845-0603 “Who is eligible to receive community access services?” to clarify the eligibility requirements and the nine-month supported employment exceptions for community access services.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 17-12-002
Effective Date: June 24, 2017

WAC 388-827-0115, 0145, 0185

The department is updating WAC 388-827-0115 “What are the programmatic eligibility requirements for DDD/SSP?”, WAC 388-827-0145 “How much money will I receive?”, and WAC 388-827-0185 “When will the department stop sending my DDD/SSP money?” to offer State Supplemental Payment (SSP) to those clients who were receiving prevocational services as of September 1, 2015. A proposal for permanent adoption is filed and a hearing is scheduled.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 17-10-002
Effective Date: April 20, 2017

WAC 388-845-1610, 1615

The department is amending WAC 388-845-1610 “Where can respite care be provided?” and WAC 388-845-1615 “Who are qualified providers of respite care?” to remove references to overnight planned respite services.  Overnight planned respite services are found in chapter 388-829R WAC “Overnight Planned Respite Services” and are provided in addition to respite services a client may receive under a waiver. This amendment corrects changes to these sections made under WSR 16-17-003 filed on August 4, 2016. The department has been working toward permanent adoption and has drafted language for proposal.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 17-07-071
Effective Date: March 16, 2017

WAC 388-827-0115, 0145, 0185

The department is updating WAC 388-827-0115 “What are the programmatic eligibility requirements for DDD/SSP?”, WAC 388-827-0145 “How much money will I receive?”, and WAC 388-827-0185 “When will the department stop sending my DDD/SSP money?” to offer State Supplemental Payment (SSP) to those clients who were receiving prevocational services as of September 1, 2015.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 17-01-168
Effective Date: December 28, 2016

WAC 388-845-1610, 1615

The department is amending WAC 388-845-1610 “Where can respite care be provided?” and WAC 388-845-1615 “Who are qualified providers of respite care?” to remove references to overnight planned respite services.  Overnight planned respite services are found in chapter 388-829R WAC “Overnight Planned Respite Services” and are provided in addition to respite services a client may receive under a waiver. This amendment corrects changes to these sections made under WSR 16-17-003 filed on August 4, 2016.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-23-082
Effective Date: December 17, 2016

WACs 388-845-2280, 2285

The Centers for Medicare and Medicaid Services (CMS) approved the addition of Wellness Education to the 1915(c) Individual and Family Services Waiver. This change allows DSHS to receive federal matching funds for these waivered services. This addition allows the Developmental Disabilities Administration (DDA) to provide wellness information to waiver participants to assist them in achieving goals identified during their person-centered planning process.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 16-19-031
Effective Date: October 14, 2016

WACs 388-827-0115, 0145, 0185

The department is updating WAC 388-827-0115 “What are the programmatic eligibility requirements for DDD/SSP?”, WAC 388-827-0145 “How much money will I receive?”, and WAC 388-827-0185 “When will the department stop sending my DDD/SSP money?” to offer State Supplemental Payment (SSP) to those clients who were receiving prevocational services as of September 1, 2015.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-18-048
Effective Date: September 1, 2016

WACs 388-845-2280, 2285

These rules will support ESHB 2746 and the following decision by the Centers for Medicare & Medicaid Services (CMS): “CMS has approved an amendment that includes Wellness Education to the Individual and Family Services 1915(c) waiver.  The Individual and Families Services (IFS) Waiver provides home and community-based services targeted to individuals as an alternative to placement in an Intermediate Care Facility for individuals with Intellectual Disabilities.  Wellness Education is meant to provide wellness information to IFS Waiver participants to assist them in achieving goals identified during their person-centered planning process.”

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-17-067
Effective Date: August 16, 2016

Chapters 388-823, 825, 828, 831, 845 WAC

The department is amending chapters 388-823, 388-825, 388-828, 388-831, and 388-845 WAC, and creating new sections in chapter 388-845 WAC. The rule changes are related to the Individual and Family Services (IFS) Waiver, the Community First Choice (CFC) program, the client’s choice for place of assessment, and Overnight Planned Respite Services.  Refer to Attachment 1.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 16-17-009
Effective Date: September 4, 2016

Chapters 388-829R, 845 WAC

The 2015-2017 biennium budgets provided funding to develop eight community respite beds for adults with developmental disabilities for the provision of short-term community-based planned respite services across the state as an alternative to using respite services in an institutional setting. Additionally, the budget funded eight enhanced respite beds across the state for children for the purpose of providing families and caregivers a break and an opportunity for behavioral stabilization for children. Without these services some families may be unable to  continue to care for their children in their own homes and out-of-home placements could be necessary.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 16-17-003
Effective Date: September 4, 2016

Chapters 388-829R, 845 WAC

The department is creating new rules that support the 2015-2017 biennium budgets for overnight planned respite services as found on pages 63 and 64 of ESSB 6052.S.L. (Chapter 4 2015 laws, 3rd special session).

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-12-061
Effective Date: May 28, 2016

WAC 388-832-0015, 0085

The department is amending WAC 388-832-0015 and repealing WAC 388-832-0085 due to the 2014 Operating Supplemental Budget directing the Developmental Disabilities Administrations (DDA) to move the state funded Individual and Family Services (IFS) program into a 1915 (C) Home and Community Based Services (HCBS) Waiver. These changes will reflect that the Individual and Family Services program is closed to new entrants.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 16-12-010
Effective Date: June 19, 2016

Chapters 388-823, 825, 828, 831, 845 WAC

The primary purpose for this filing is to allow DSHS to continue the Individual and Family Services (IFS) Waiver and the Community First Choice (CFC) program. Both were implemented by emergency rules and need to remain active by emergency while the department completes the process to make them permanent.  In addition these rules clarify where the DDA assessment and reassessment are administered and define overnight planned respite  services.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-12-006
Effective Date: May 19, 2016

WAC 388-832-0015, 0085

The Developmental Disabilities Administration (DDA) is amending WAC 388-832-0015 and repealing WAC 388-832-0085 due to the 2014 Operating Supplemental Budget directing DDA to move the state funded Individual and Family Services (IFS) program into a 1915 (C) Home and Community Based Services (HCBS) Waiver.  These changes reflect that the Individual and Family Services program is closed to new entrants.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-10-025
Effective Date: April 27, 2016

WAC 388-845-2280, 2285

These rules will support ESHB 2746 and the following decision by the Centers for Medicare & Medicaid Services (CMS): “CMS has approved an amendment that includes Wellness Education to the Individual and Family Services 1915(c) waiver.  The Individual and Families Services (IFS) Waiver provides home and community-based services targeted to individuals as an alternative to placement in an Intermediate Care Facility for individuals with Intellectual Disabilities.  Wellness Education is meant to provide wellness information to IFS Waiver participants to assist them in achieving goals identified during their person-centered planning process.”

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-09-066
Effective Date: April 18, 2016

Chapter 388-845 WAC

New rules in chapter 388-845 WAC will support the Centers for Medicare and Medicaid (CMS) decision to add Wellness Education to the department’s Basic Plus and Core Waivers and be in compliance with CFR 441.510 (d).

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 16-05-053
Effective Date: March 13, 2016

Chapter 388-825, 829R WAC

The department is creating new rules that support the 2015-2017 biennium budgets for overnight planned respite services as found on pages 63 and 64 of ESSB 6052.S.L.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-04-073
Effective Date: February 1, 2016

Chapter 388-823, 825, 828, 831, 845 WAC

This filing allows DSHS to continue the Individual and Family Services (IFS) Waiver and the Community First Choice (CFC) program. Both were implemented by emergency rules and need to remain active by emergency while the Department continues working with the Centers for Medicare & Medicaid Services (CMS), stakeholders, advocacy groups, and other DSHS administrations to refine the semantics and structure of the text for the CR-102 filing, public comment period, and public hearing. In addition these rules clarify where the DDA assessment and reassessment are administered and define overnight planned respite services.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-04-023
Effective Date: January 22, 2016

Chapter 388-845 WAC

These rules will support the below CMS decision and support the requirement in CFR 441.510 (d). The Basic Plus Waiver and Core Waiver both provide home and community-based services to individuals as an alternative to placement in an Intermediate Care Facility for Individuals with Intellectual Disabilities. CMS has approved an amendment that removes Personal Care services from those waivers, as those services are available through the state’s 1915(k) Community First Choice (CFC) Program in the Medicaid State Plan. The CMS amendments also added a new service, Wellness Education, to both the Basic and Core waivers which provides wellness information to participants designed to assist them in achieving goals identified during their person-centered planning process.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-03-004
Effective Date: January 7, 2016

WAC 388-832-0015, 0085

The Developmental Disabilities Administration (DDA) is amending WAC 388-832-0015 and repealing WAC 388-832-0085 due to the 2014 Operating Supplemental Budget directing DDA to move the state funded Individual and Family Services (IFS) program into a 1915 (C) Home and Community Based Services (HCBS) Waiver. These changes reflect that the Individual and Family Services program is closed to new entrants.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 16-02-035
Effective Date: January 1, 2016

Chapter 388-834 WAC

The Department of Social and Health Services, Developmental Disabilities Administration is creating new rules in Title 388 WAC as Chapter 388-834 that describe the State's program for preadmission screening and resident review (PASRR).

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 15-24-027
Effective Date: December 21, 2015

WAC 388-828-9060, WAC 388-828-9100, WAC 388-828-9120, and WAC 388-832-0120

The Developmental Disabilities Administration (DDA) is making these changes because the majority of individual and family services (IFS) clients will start to receive Medicaid with the implementation of the IFS waiver, and DDA wants to evenly apply the adjustment based on Medical acuity and activities of daily living (ADL) support needs to all clients, regardless of Medicaid eligibility. The consequences of not making these changes would be that an estimated 75% of IFS clients would experience a reduction in their IFS allocation at their next assessment, with the receipt of Medicaid.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 15-22-039
Effective Date: November 28, 2015

Chapters 388-823, 825, 828, 845 WAC

The purpose for this filing is to allow DSHS to continue the Individual and Family Services (IFS) Waiver and the Community First Choice (CFC) program. Both of these were implemented by emergency rules and need to remain active by emergency rules while we continue working with the Centers for Medicare & Medicaid Services (CMS), stakeholders, advocacy groups, and other DSHS administrations to refine the semantics and structure of the text for the CR-102 filing, the comment period, and public hearing.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 15-22-027
Effective Date: October 29, 2015

Chapter 388-829 WAC

Chapter 388-829 WAC is a new chapter related to training for supported living businesses and their staff, and will be a separate chapter of Developmental Disability Administration (DDA) rules. These new rules will help reduce confusion between the various requirements contained in chapter 388-112 WAC related to residential long term care and the requirements for supported living businesses and their staff.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 15-20-045
Effective Date: January 1, 2016

Chapter 388-845 WAC

The Department is creating WAC 388-845-2280 "What is wellness education?", WAC 388-845-2283 "How are my wellness educational materials selected?", WAC 388-845-2285 "Are there limits to wellness education?", and WAC 388-845-2290 "Who are qualified providers of wellness education?". These rules will support the Centers for Medicare & Medicaid Services (CMS) decision below, and support the requirement in 42 CFR 441.510 (d).

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 15-19-033
Effective Date: September 9, 2015

Chapter 388-825 WAC

The department is updating chapter 388-825 WAC to provide the latest information and verbiage related to processes, policies, and information on eligibility.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 15-17-094
Effective Date: September 18, 2015

WAC 388-825-145

Federal regulation 42 C.F.R. §431.232(d) does not allow Medicaid benefits to continue at their previous level following an evidentiary hearing decision to reduce or terminate those benefits. Therefore, this emergency rule is to ensure the administration has language in rule that conforms to the CFR regarding continuing benefits.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 15-16-039
Effective Date: August 6, 2015

WAC  388-825-145

Federal regulation 42 C.F.R. §431.232(d) does not allow Medicaid benefits to continue at their previous level following an evidentiary hearing decision to reduce or terminate those benefits. Therefore, this amended rule is proposed to ensure the administration has language in rule that conforms to the CFR regarding continuing benefits.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 15-15-101
Effective Date: August 15, 2015

WAC 388-837-9005, 9030

Changes to sections WAC 388-837-9005, "What is the purpose of this chapter?" and WAC 388-837-9030, "What rights are available to a resident regarding a proposed transfer from one RHC to another RHC?" are willingly being made to comply with goals stated in RCW 44.04.280, by replacing demeaning language with respectful language. This was be done by using respectful language when referring to individuals with disabilities by replacing all instances of MR and mental retardation to ID and Intellectual disability. Other housekeeping changes were also made to reflect agency reorganization. None of the changes resulted in any changes to policy, eligibility, or processes.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 15-15-036
Effective Date: August 8, 2015

Chapter 388-845 WAC

The purpose for this filing is to allow DSHS to continue the implementation of our new Individual and Family Services (IFS) Waiver) and start another new program called Community First Choice (CFC) where both require changes to some of the same sections of WAC in chapter 388-845.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 15-15-003
Effective Date: July 1, 2015

Chapter 388-845 WAC

Specific sections within chapter 388-845 WAC are being amended due to the 2014 Operating Supplemental Budget directing the Developmental Disabilities Administration (DDA) to move the state funded Individual and Family Services (IFS) program into a 1915 (C) Home and Community Based Services (HCBS) Waiver on May 1, 2015. The requirement is to mirror the current IFS program as much as possible in the new HCBS waiver. Refer to Attachment A for additional information.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 15-12-072
Effective Date: June 1, 2015

Chapter 388-835 WAC

Changes to chapter 388-835 WAC ICF/MR Program and Reimbursement System were made to comply with goals stated in RCW 44.04.280, by replacing demeaning language with respectful language. This was be done by using respectful language when referring to individuals with disabilities by replacing all instances of MR and mental retardation to ID and Intellectual disability. Other housekeeping changes were also being made to reflect agency reorganization. None of the changes resulted in any changes to policy, eligibility or processes.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 15-09-069
Effective Date: May 16, 2015

Chapter 388-825 WAC

The purpose of this proposal is to better organize chapter 388-825 WAC Division of Developmental Disabilities Services Rules by recodifying the sections related to background checks to the 600 series. None of these changes will result in any changes to policy, eligibility, or processes.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 15-09-068
Effective Date: May 16, 2015

WAC 388-825-145

Federal regulation 42 C.F.R. §431.232(d) does not allow Medicaid benefits to continue at their previous level following an evidentiary hearing decision to reduce or terminate those benefits. Therefore, this emergency rule is to ensure the administration has language in rule that conforms to the CFR regarding continuing benefits.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 15-09-028
Effective Date: April 9, 2015

Chapter 388-833 WAC

Chapter 388-833 WAC is a new chapter created for the Community Crisis Stabilization Service (CCSS) program. It is necessary to define client eligibility and outline the short-term behavioral health supports for participants who are in crisis.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 15-08-081
Effective Date: May 1, 2015

WAC 388-825-145

Federal regulation 42 C.F.R. §431.232(d) does not allow Medicaid benefits to continue at their previous level following an evidentiary hearing decision to reduce or terminate those benefits. Therefore, this emergency rule is to ensure the administration has language in rule that conforms to the CFR regarding continuing benefits.

Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 15-01-055
Effective Date: December 10, 2014
WAC 388-823-0015 and 0210

These changes make housekeeping updates in WAC 388-823-0015 by correcting a statutory reference, and WAC 388-823-0210 by correcting a WAC reference.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 15-01-021
Effective Date: January 5, 2015