Developmental Disabilities Administration

Chapter 388-841 WAC

The Developmental Disabilities Community Services Division of the Home and Community Living Administration created this new chapter of rules primarily to recodify enhanced respite services (ERS) rules in their own chapter (they were previously in chapter 388-825 WAC), and to establish a connection to the new certification rules under development at the Home and Community Living Administration. Effective May 1, 2025, Developmental Disabilities Administration moved under Home and Community Living Administration (HCLA). The former Developmental Disabilities Administration is known as Developmental Disability Community Service (DDCS) Division within the Home and Community Living Administration.
 

Chapters 388-829R & 388-847 WAC

The Developmental Disabilities Community Services Division of the Home and Community Living Administration is adopting these amendments primarily to create a connection to the new certification rules under development by the administration, which will be adopted as new chapter 388-825A WAC. Other changes have been made to clarify language, correct background check requirements, and establish financial responsibility for clients receiving overnight planned respite services. Several sections are also being repealed. Effective May 1, 2025, Developmental Disabilities Administration moved under Home and Community Living Administration. The former Developmental Disabilities Administration is known as Developmental Disability Community Service (DDCS) Division within the Home and Community Living Administration.

Chapter 388-826 WAC

The Developmental Disabilities Community Services Division of the Home and Community Living Administration is adopting these amendments primarily to: establish a connection with the new certification rules under development at the Home and Community Living Administration, which will be codified as Chapter 388-825A WAC; and standardize provider requirements to create consistency across provider types licensed – state-operated providers and contracted. As part of this rulemaking, DDCS has decodified and recodified many sections. For a crosswalk of old and new section numbers, see Attachment A. Effective May 1, 2025, Developmental Disabilities Administration moved under Home and Community Living Administration. The former Developmental Disabilities Administration is known as Developmental Disability Community Service Division within the Home and Community Living Administration.

Chapter 388-829C WAC

The Developmental Disabilities Community Services Division of the Home and Community Living Administration amended these companion home rules primarily to: Establish a connection to the new certification rules under development at the Home and Community Living Administration, which will be adopted as a new chapter 388-825A WAC; and update the methodology for adjusting a companion home provider’s daily rate when approved for more than the allowed amount of waiver-funded respite.
 

Chapter 388-825A WAC

The purpose of this new chapter is to establish and streamline requirements for the certification process for providers certified by the Home and Community Living Administration, including certification evaluations, corrective action plans, informal dispute resolution, and more. Provider types impacted by this rule include: alternative living under chapter 388-829A WAC; companion homes under chapter 388-829C WAC; enhanced respite services under chapter 388-830 WAC; intensive habilitation services for children under chapter 388-833 WAC; children's residential habilitation services under chapter 388-826 and 388-842 WAC; overnight planned respite services under chapter 388-829R WAC; and stabilization, assessment, and intervention facility under chapter 388-847 WAC. Effective May 1, 2025, Developmental Disabilities Administration moved under Home and Community Living Administration. The former Developmental Disabilities Administration is known as Developmental Disability Community Service Division within the Home and Community Living Administration.

Chapter 388-829A WAC

The Developmental Disabilities Community Services Division of the Home and Community Living Administration amended these rules primarily to add agencies as a provider type for alternative living and to create a connection to the new certification rules under development at HCLA, which will be codified as new chapter 388-825A WAC. Other changes have been made to update procedures and provider requirements, repeal unnecessary sections, clarify the six-month service limit for clients living with a parent, and more. Effective May 1, 2025, Developmental Disabilities Administration moved under Home and Community Living Administration. The former Developmental Disabilities Administration is known as Developmental Disability Community Service Division within the Home and Community Living Administration.

Chapter 388-843 WAC

DDA is adopting a new chapter of rules to operationalize services at a Youth Transitional Care Facility in Lake Burien, WA, as directed by the Washington state Legislature in Operating Budget—2023-2025 Supplemental [ESSB 5950, Section 203(1)(nn); ESSB 5950, Section 227(44)]. These permanent rules supersede emergency rules in effect for this chapter, filed as WSR 25-09-005.
 

Chapter 388-843 WAC

DDA is adopting a new chapter of rules on an emergency basis to implement Engrossed Substitute Senate Bill 5950 (2024), which directs DSHS to “to operate a staff-secure, voluntary, and transitional treatment facility specializing in services for adolescents over the age of 13 who have complex developmental, intellectual disabilities, or autism spectrum disorder and may also have a mental health or substance use diagnosis.” Services must be provided at property of Lake Burien and be implemented in a way that prioritizes discharge to a less restrictive community-based setting. The emergency rules will establish service eligibility criteria, responsibilities for involved parties, administrative hearing rights, and more.

EMERGENCY ADOPTION
WSR 25-09-005

Effective Date:  April 15, 2025

Chapter 388-848 WAC

DDA is adopting new sections of rule on an emergency basis to implement Engrossed Second Substitute Senate Bill 5440 (2023), which directs DSHS to develop a process for connecting individuals who have been found not competent to stand trial due to an intellectual or developmental disability to available wraparound services and supports in community-based settings.

EMERGENCY ADOPTION
WSR 25-08-040

Effective Date:  April 1, 2025

Chapter 388-845 WAC

DDA is enacting these changes on an emergency basis to implement changes to DDA’s home and community-based services (HCBS) waivers as approved by the Centers for Medicare and Medicaid Services (CMS).

EMERGENCY ADOPTION
WSR 25-05-020

Effective Date:  February 7, 2025

Chapters 388-825, 388-828, 388-842 & 388-845 WAC

DDA is enacting these changes on an emergency basis to implement home and community-based services (HCBS) waivers as approved by the Centers for Medicare and Medicaid Services (CMS). Primary waiver amendments: These amendments add: waiver eligibility for children and youth age 20 and younger who are subject to a court dependency or a similar proceeding in a tribal court or are receiving extended foster care services from the Department of Children, Youth, and Families (DCYF) or from a Tribe in Washington state; technical information about service plan collaboration; teleservice delivery as a service delivery method for some services. These amendments adjust: waiver enrollment limits; language about cross-agency collaboration; the service definition for transportation; provider qualifications for music therapists; level-of-care and inter-rate reliability level of care evaluation processes. These amendments clarify: teleservice language in all services where teleservice delivery is now available; waiver service definitions and service limit language across all five waivers. To read all other CMS-approved waiver amendments effective September 1, 2024, open a waiver under “Current Approved Waivers” on DDA’s Home and Community-Based Waivers website. This is a subsequent emergency filing on these sections and is necessary to keep the rules in effect until DDA completes the permanent rulemaking process. DDA is preparing the rules for external review. We have filed a CR 101 preproposal under WSR 24-18-103. This filing supersedes the emergency filed as WSR 25-02-044.

EMERGENCY ADOPTION
WSR 25-05-019

Effective Date:  February 7, 2025

Chapters 388-825, 388-828, 388-842, and 388-845

DDA is enacting these changes on an emergency basis to implement home and community-based services (HCBS) waivers as approved by the Centers for Medicare and Medicaid Services (CMS). To read all other CMS-approved waiver amendments effective September 1, 2024, open a waiver under “Current Approved Waivers” on DDA’s Home and Community-Based Waivers website. This is the second emergency filing on these sections and is necessary to keep the rules in effect until DDA completes the permanent rulemaking process. We have filed a CR-101 preproposal under WSR 24-18-103. DDA is preparing the rules for external review.
 

EMERGENCY ADOPTION
WSR 25-02-044

Effective Date:  December 28, 2024

Chapter 388-843 WAC

DDA is adopting a new chapter of rules on an emergency basis to implement Engrossed Substitute Senate Bill 5950 (2024), which directs DSHS to “to operate a staff-secure, voluntary, and transitional treatment facility specializing in services for adolescents over the age of 13 who have complex developmental, intellectual disabilities, or autism spectrum disorder and may also have a mental health or substance use diagnosis.” Services must be provided at property of Lake Burien and be implemented in a way that prioritizes discharge to a less restrictive community-based setting. The emergency rules will establish service eligibility criteria, responsibilities for involved parties, administrative hearing rights, and more.
 

EMERGENCY ADOPTION
WSR 25-01-101

Effective Date:  December 19, 2024

Chapter 388-848 WAC

DDA is adopting new sections of rule on an emergency basis to implement Engrossed Second Substitute Senate Bill 5440 (2023), which directs DSHS to develop a process for connecting individuals who have been found not competent to stand trial due to an intellectual or developmental disability to available wraparound services and supports in community-based settings.

EMERGENCY ADOPTION
WSR 24-24-092

Effective Date:  December 10, 2024

Chapter 388-828 WAC

DDA amended sections in chapter 388-828 WAC (the Supports Intensity Scale (SIS-A) portions of the DDA assessment) to align with updates the American Association of Intellectual and Developmental Disabilities (AAIDD) has made to its SIS-A assessment tool, Second Edition. This alignment with AAIDD’s Second Edition does not impact the algorithm.

Chapter 388-829 WAC and WAC 388-101D-0105

DDA amended these rules primarily to ensure providers complete the skills-demonstration portion of CPR in accordance with OSHA guidelines. Other changes clarify the content of various training components, use terminology more consistently, and remove unused definitions and update others. Once effective, these permanent rules supersede any emergency rules in effect.

Chapter 388-833 WAC

DDA amended these rules to allow DDA-contracted entities to provide Intensive Habilitation Services for Children and to standardize provider and facility requirements across provider types.  

WACs 388-829-0040, 388-829-0050 & 388-101D-0105

DDA is enacting these changes on an emergency basis to require providers in the scope of chapter 388-829 WAC to complete the skills demonstration portion of CPR training in-person.
 

EMERGENCY ADOPTION
WSR 24-19-054

Effective Date:  September 19, 2024

Chapters 388-825, 388-828, 388-842 & 388-845

DDA is enacting these changes on an emergency basis to implement home and community-based services (HCBS) waivers as approved by the Centers for Medicare and Medicaid Services (CMS). Primary waiver amendments: These amendments add: waiver eligibility for children and youth age 20 and younger who are subject to a court dependency or a similar proceeding in a tribal court or are receiving extended foster care services from the Department of Children, Youth, and Families (DCYF) or from a Tribe in Washington state; technical information about service plan collaboration; teleservice delivery as a service delivery method for some services. These amendments adjust: waiver enrollment limits; language about cross-agency collaboration; the service definition for transportation; provider qualifications for music therapists; level-of-care and inter-rate reliability level of care evaluation processes. These amendments clarify: teleservice language in all services where teleservice delivery is now available; waiver service definitions and service limit language across all five waivers. To read all other CMS-approved waiver amendments effective September 1, 2024, open a waiver under “Current Approved Waivers” on DDA’s Home and Community-Based Waivers website.

EMERGENCY ADOPTION
WSR 24-18-085 

Effective Date:  September 1, 2024

Chapter 388-823 WAC

DDA amended these rules to implement Second Substitute House Bill 2008, which directs DDA to remove intelligence quotient (IQ) criteria from DDA enrollment processes. Additional changes have been made to combine and repeal redundant sections in the chapter, clarify language, and update intake and eligibility processes. 

Chapter 388-843 WAC

DDA is adopting a new chapter of rules on an emergency basis to implement Engrossed Substitute Senate Bill 5950 (2024), which directs DSHS to “to operate a staff-secure, voluntary, and transitional treatment facility specializing in services for adolescents over the age of 13 who have complex developmental, intellectual disabilities, or autism spectrum disorder and may also have a mental health or substance use diagnosis.” Services must be provided at the property of Lake Burien and be implemented in a way that prioritizes discharge to a less restrictive community-based setting. The emergency rules will establish service eligibility criteria, responsibilities for involved parties, administrative hearing rights, and more.

EMERGENCY ADOPTION
WSR 24-17-139 

Effective Date:  August 21, 2024

Chapter 388-848 WAC

DDA is adopting new sections of rule on an emergency basis to implement Engrossed Second Substitute Senate Bill 5440 (2023), which directs DSHS to develop a process for connecting individuals who have been found not competent to stand trial due to an intellectual or developmental disability to available wraparound services and supports in community-based settings. This subsequent emergency rule supersedes the emergency rule filed as WSR 24-15-010.

WACs 388-850-020, 388-850-025, 388-850-035 & 388-850-045

DDA amended these rules to increase the percentage of a county’s allocated funds for county administrative expenses, to remove text that duplicates requirements dictated by statute, and to update the distribution formula and other outdated service names and processes.

WACs 388-825-335, 388-825-600, 388-825-610, 388-825-615 & 388-825-620

DDA amended these rules primarily to: comply with federal background check requirements; align rules with recent amendments to state law passed under Senate Bill 5252; and clarify when an employee at a residential habilitation center (RHC) is required to complete a background check or background check renewal. Instead of requiring a renewal for a job class change, DDA will require an RHC employee to complete a renewal when there is a change in job class series.
 

Chapter 388-848 WAC

DDA is adopting new sections of rule on an emergency basis to implement Engrossed Second Substitute Senate Bill 5440 (2023), which directs DSHS to develop a process for connecting individuals who have been found not competent to stand trial due to an intellectual or developmental disability to available wraparound services and supports in community-based settings. Additional subsections were added to the chapter between the initial emergency filing and this subsequent emergency filing.

WACs 388-101D-0295 & 388-101D-0330

DDA amended these rules to change the labeling requirements for prescribed and over-the-counter medications for clients who receive services from providers under chapter 388-101D WAC – group homes, group training homes, supported living, and state-operated living alternatives for adults. Related emergency rules are currently in place. When effective, this permanent filing supersedes the emergency rule filed under WSR 24-12-061.

WACs 388-825-335, 388-825-615 & 388-825-620

DDA is enacting these amendments on an emergency basis to align with Senate Bill 5252 (2023) and FBI background check requirements. 

WACs 388-101D-0295 & 388-101D-0330

DDA is enacting these changes on an emergency basis to ensure that when a client requires a medication, for which there is a prescription but no pharmacist-prepared label, the medication is labeled in a way that promotes safety.

WACs 388-829-0040, 388-829-0050 & 388-101D-0105

DDA is enacting these changes on an emergency basis to require providers in the scope of chapter 388-829 WAC to complete the skills demonstration portion of CPR training in-person.

Chapter 388-848 WAC

DDA is adopting new sections of rule on an emergency basis to implement Engrossed Second Substitute Senate Bill 5440 (2023), which directs DSHS to develop a process for connecting individuals who have been found not competent to stand trial due to an intellectual or developmental disability to available wraparound services and supports in community-based settings.

WACs 388-825-335, 388-825-615 & 388-825-620

DDA is enacting these amendments on an emergency basis to align with Senate Bill 5252 (2023) and FBI background check requirements.

WAC 388-101D-0295 & 388-101D-0330

DDA is enacting these changes on an emergency basis to ensure that when a client requires a medication, for which there is a prescription but no pharmacist-prepared label, the medication is labeled in a way that promotes safety.

WACs 388-829-0040, 388-829-0050 & 388-101D-0105

DDA is enacting these changes on an emergency basis to require providers in the scope of chapter 388-829 WAC to complete the skills demonstration portion of CPR training in-person.

WACs 388-101D-0190, 388-101D-0195, 388-101D-0196, 388-101D-0197, 388-101D-0198, 388-101D-0200 & 388-101D-0201

DDA amended rules and added new rules within Chapter 388-101D WAC to establish procedures for addressing a client’s unmet support needs, suspending, or terminating a client’s services, and to codify procedures for the client critical case protocol.
 

WACs 388-823-0600, 388-823-0610, 388-823-1005 & 388-823-1010

DDA amended these rules to implement House Bill 1407 (2023), to make changes to the eligibility expiration processes, and to clarify language in the eligibility review section. When effective, these permanent rules supersede emergency rules on these sections filed as WSR 23-22-010.

WACs 388-845-0045, 388-845-1105, 388-845-1505 & 388-845-3062

DDA amended these rules to align with amendments to home and community-based services waivers as approved by the Centers for Medicare and Medicaid Services. Major changes include adding a priority group for waiver enrollment; adding a new provider type for stabilization services; and adding signature options for person-centered service plans. When effective, these permanent rules supersede emergency rules on these sections filed under WSR 23-22-009.

WACs 388-823-0600, 388-823-0610, 388-823-1005 & 388-823-1010

DDA is enacting these changes on an emergency basis to prepare for implementation of House Bill 1407 (2023), which stipulates that DDA’s rules must not “terminate or require redetermination of eligibility for a child under the age of 18 based solely on the child's age if the child has been determined to be eligible for services on or after the child's third birthday.” Enacting these rules on an emergency basis is necessary in order to align DDA’s eligibility review rules with amendments to RCW 71A.16.040, which are effective July 23, 2023. This is the second emergency filing on these sections and is necessary to keep the rules in effect until DDA completes the permanent rulemaking process. DDA is proceeding with permanent adoption and has filed a CR 102 under WSR 23-22-002.

WACs 388-845-1105, 388-845-1505 & 388-845-3062

DDA is enacting these changes on an emergency basis in order to align with amendments to home and community-based services waivers as approved by the Centers for Medicare and Medicaid Services. Enacting these rules on an emergency basis is necessary to ensure federal compliance and maintain federal funding for the state. Aligning rules with approved waiver amendments provides assurances required under 42 CFR 441.301. This is the second emergency filing on these sections and is necessary to keep the amendments in effect until DDA completes the permanent rulemaking process. DDA is proceeding with permanent adoption and filed the CR-102 for these sections under WSR 23-22-001.

WACs 388-825-335, 388-825-615 & 388-825-620

DDA is enacting these amendments on an emergency basis to align with Senate Bill 5252 (2023) and FBI background check requirements. Enacting amendments to WAC 388-825-335 and 388-825-620 on an emergency basis is necessary to comply with FBI background check requirements and to conduct background checks necessary to receive federal funding. Enacting amendments to WAC 388-825-615 is necessary to align with amendments to Senate Bill 5252. This is the second emergency filing on these sections and is necessary to keep the rules in effect while DDA completes the permanent rulemaking process. DDA is proceeding with permanent adoption and filed a CR 102 proposal under WSR 23-20-108.

WAC 388-823-1095 & 388-823-1096

DDA amended WAC 388-823-1096 to add the federal Medicaid requirements for integrated settings under 42 C.F.R. 441.301(c)(4) directly into DDA’s rules. DDA amended WAC 388-823-1095 to clarify that the integrated settings requirements establish rights in addition to those established under by Chapter 71A.26 RCW.

Chapter 388-845 WAC

These amendments 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. These permanent rules supersede emergency rules currently enacted on these sections.

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

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). Substantive changes remove the prohibition to receive employment services and community inclusion services concurrently and remove “consecutive” to align with RCW 71A.12.290. These permanent rules supersede emergency rules currently enacted on these sections.

WACs 388-823-0600, 388-823-0610, 388-823-1005 & 388-823-1010

DDA is enacting these changes on an emergency basis to prepare for implementation of House Bill 1407 (2023), which stipulates that DDA’s rules must not “terminate or require redetermination of eligibility for a child under the age of 18 based solely on the child's age if the child has been determined to be eligible for services on or after the child's third birthday.” Enacting these rules on an emergency basis is necessary in order to align DDA’s eligibility review rules with amendments to RCW 71A.16.040, which are effective July 23, 2023. 

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; 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. The department is proceeding with permanent adoption, we filed a CR 102 proposal under WSR 23-12-078. A public hearing is scheduled for August 8, 2023.

WACs 388-845-1105, 388-845-1505 & 388-845-3062

DDA is enacting these changes on an emergency basis in order to align with amendments to home and community-based services waivers as approved by the Centers for Medicare and Medicaid Services. Enacting these rules on an emergency basis is necessary to ensure federal compliance and maintain federal funding for the state. Aligning rules with approved waiver amendments provides assurances required under 42 CFR 441.301.

WACs 388-825-335, 388-825-615 & 388-825-620

DDA is enacting these amendments on an emergency basis to align with Senate Bill 5252 (2023) and FBI background check requirements. Enacting amendments to WAC 388-825-335 and 388-825-620 on an emergency basis is necessary to comply with FBI background check requirements and to conduct background checks necessary to receive federal funding. Enacting amendments to WAC 388-825-615 is necessary to align with amendments to Senate Bill 5252

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 & 388-829Z-090

The purpose of these rules is to regulate the emergency transitional support services provided at Rainier, a Washington state residential habilitation center. These permanent rules supersede emergency rules currently enacted on these sections under WSR 23-08-030.

WAC 388-829-0087

DDA amended this rule to extend the due dates for continuing education credits required under chapter 388-829 WAC. On the effective date, these permanent rules supersede emergency rules currently enacted on these sections under WSR 23-13-037.

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. The department is proceeding with permanent adoption. This emergency will be superseded by the CR 103P filed on this date under WSR 23-13 when it becomes effective, 31 days after filing. Direct service providers hired during the COVID-19 public health emergency (PHE) were required to complete 12 hours of continuing education annually. As a result of the PHE, the number of training programs available to provide department-approved continuing education significantly diminished. Changing rules, standards, and a sudden shift to electronic training resulted in both a delay in available training and an increased demand. Providers have reported that there are still a significant number of workers who need to complete continuing education hours that were due while PHE-related training waivers were in place. This is affecting their ability to meet requirements for current renewal cycles because hours must be applied to the older renewal cycles first. Without an extension, direct service providers could end up out of compliance, which could limit client access to qualified providers.

WACs 388-829C-131, 388-829C-230, 388-829C-232, 388-829C-233, 388-829C-234, 388-829C-235, 388-829R-005, 388-829R-011, 388-829R-165, & 388-829R-170

The purpose of these amendments is to allow companion home providers to access respite through overnight planned respite services (OPRS) providers; and planned respite through residential habilitation centers. Other changes include notification to a primary caregiver when a client receiving OPRS experiences an emergency.

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. This is the second filing on these rules and is necessary to keep the rules in effect until DDA completes the permanent rulemaking process. DDA is progressing through the permanent rulemaking process. The department filed a CR 101 preproposal under WSR 23-05-065 and is currently preparing materials to file the CR-102.

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 388-845-2110

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.