Developmental Disabilities Administration

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

 

Rule Title/Subject Contact Washington State Register Citations

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 24-13-066
Effective Date: July 15, 2024

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. 

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 24-13-031
Effective Date: June 14, 2024

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 24-12-061
Effective Date: June 7, 2024

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 24-11-150
Effective Date: May 28, 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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 24-07-044
Effective Date: March 13, 2024

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 24-05-045
Effective Date: February 16, 2024

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 24-05-004
Effective Date: February 8, 2024

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 24-04-018
Effective Date: February 1, 2024

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.
 

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 24-02-042
Effective Date: January 27, 2024

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 24-01-119
Effective Date: January 19, 2024

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 24-01-116
Effective Date: January 19, 2024

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-22-010
Effective Date: October 24, 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. 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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-22-009
Effective Date: October 24, 2023

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-22-008
Effective Date: October 24, 2023

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 23-21-001
Effective Date: November 4, 2023

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 23-18-035
Effective Date: September 29, 2023

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 23-18-034
Effective Date: September 29, 2023

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. 

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-14-039
Effective Date: June 26, 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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-14-037
Effective Date: June 27, 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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-14-033
Effective Date: July 1, 2023

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-14-032
Effective Date: July 1, 2023

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 23-13-087
Effective Date: July 17, 2023

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 23-13-040
Effective Date: July 13, 2023

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-13-037
Effective Date: June 12, 2023

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 23-13-030
Effective Date: July 13, 2023

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-13-001
Effective Date: June 13, 2023

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 23-12-061
Effective Date: July 3, 2023

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-08-030
Effective Date: March 31, 2023

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 23-07-130
Effective Date: April 22, 2023

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.  
 

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-06-057
Effective Date: March 1, 2023

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-06-047
Effective Date: February 24, 2023

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-05-063
Effective Date: February 13, 2023

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. 

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 23-05-049
Effective Date: March 13, 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; and make other changes necessary to implement amendments to DDA’s HCBS waivers as approved by CMS. 

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 23-02-022
Effective Date: December 28, 2022

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.

 

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-24-076
Effective Date: December 5, 2022

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 22-23-120
Effective Date: December 19, 2022

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-23-028
Effective Date: November 16, 2022

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 22-23-022
Effective Date: December 5, 2022

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-22-089
Effective Date: November 1, 2022

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-18-046
Effective Date: September 1, 2022

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-15-101
Effective Date: July 21, 2022

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 22-14-062
Effective Date: July 30, 2022

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 22-12-055
Effective Date: June 26, 2022

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 22-12-054
Effective Date: June 26, 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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-12-024
Effective Date: May 23, 2022

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-11-077
Effective Date: May 17, 2022

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 22-11-056
Effective Date: June 16, 2022

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-08-004
Effective Date: March 23, 2022

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-07-039
Effective Date: March 16, 2022

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.

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-05-031
Effective Date: February 9, 2022

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. 
 

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 22-04-048
Effective Date: February 4, 2022

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 22-04-073
Effective Date: March 3, 2022

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.  

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 22-01-216
Effective Date: January 22, 2022

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.

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 22-01-037
Effective Date: January 6, 2022

WAC 388-101D-0030

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-24-058
Effective Date: November 29, 2021

WAC 388-823-0720

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-24-012
Effective Date: November 24, 2021
**RESCINDED by WSR 22-02-018**

WAC 388-823-0510

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-23-087
Effective Date: November 16, 2021

WAC 388-845-2019

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-21-035
Effective Date: October 12, 2021

Chapter 388-829 WAC

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-21-006
Effective Date: October 7, 2021

Chapter 388-845 WAC

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-19-114
Effective Date: October 8, 2021
**RESCINDED with WSR 22-01-071**

Chapter 388-845 WAC

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

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 21-19-108
Effective Date: October 21, 2021

Chapter 388-828 WAC

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

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 21-19-093
Effective Date: October 18, 2021

WAC 388-845-2019

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-19-083
Effective Date: September 23, 2021

WAC 388-101D-0500

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

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 21-19-050
Effective Date: November 1, 2021

WAC 388-823-0720

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-16-039
Effective Date: August 1, 2021

Chapter 388-826 WAC

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

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 21-15-059
Effective Date: August 15, 2021

Chapter 388-833 WAC

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

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 21-14-088
Effective Date: August 7, 2021

WAC 388-823-0500, 0510, 0720

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

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 21-13-164
Effective Date: August 1, 2021

Chapter 388-845 WAC

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-13-040
Effective Date: June 23, 2021

Chapter 388-101D WAC

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

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 21-12-061
Effective Date: June 27, 2021

WAC 388-829-0005

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

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 21-12-060
Effective Date: June 27, 2021

WAC 388-845-2019

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

 

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-12-049
Effective Date: May 26, 2021

WAC 388-845-2019

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-06-036
Effective Date: February 25, 2021

Chapter 388-845 WAC

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

Chantelle Diaz
(360) 407-1589
EMERGENCY ADOPTION
WSR 21-06-028
Effective Date: February 24, 2021

WAC 388-823-1095

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

Chantelle Diaz
(360) 407-1589
PERMANENT ADOPTION
WSR 21-03-003
Effective Date: February 7, 2021