12-03-063

WSR 12-03-063

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed January 12, 2012, 10:23 a.m. , effective January 12, 2012, 10:23 a.m. ]

     Effective Date of Rule: Immediately.

     Purpose: To extend the current emergency rule filed as WSR 11-19-060, before it expires on January 14, 2012. The current emergency rule will stay in effect as written. The plan to adopt the permanent rule is being accomplished through additional changes being made to chapter 388-845 WAC within WSR 11-23-155. The public hearing for WSR 11-23-155 is January 10. However, the earliest the changes can be adopted is February 13, 2012.

     The proposed amendments to WAC 388-845-0600 and 388-845-0610 are needed to revise the current working age adult policy to allow clients to choose between employment and community access services as directed by the legislature.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-845-0600 and 388-845-0610.

     Statutory Authority for Adoption: RCW 34.05.350 (1)(c).

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: HB [2ESHB] 1087, section 205 (g)(i), directed the department to revise the current working age adult policy to allow clients to choose between employment and community access activities. Clients age twenty-one and older who are receiving services through a home and community based waiver shall be offered the choice to transition to a community access program after nine months of enrollment in a [an] employment program and the option to transition from a community access program to an employment program at any time. In response to this direction we need to request emergency rule to update WAC 388-845-0600 and 388-845-0610.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: January 10, 2012.

Katherine I. Vasquez

Rules Coordinator

4327.1
AMENDATORY SECTION(Amending WSR 08-20-033, filed 9/22/08, effective 10/23/08)

WAC 388-845-0600   What are community access services?   Community access services are provided in the community to enhance or maintain your community integration, physical or mental skills.

     (1) ((If you are age sixty-two or older, these)) Services ((are available to)) assist you to participate in activities, events and organizations in the community in ways similar to others of ((retirement)) similar age.

     (2) These services are available in the Basic, Basic Plus, and CORE waivers.

[Statutory Authority: RCW 71A.12.030, 71A.12.120 and Title 71A RCW. 08-20-033, § 388-845-0600, filed 9/22/08, effective 10/23/08. Statutory Authority: RCW 71A.12.030, 71A.12.12 [71A.12.120] and chapter 71A.12 RCW. 06-01-024, § 388-845-0600, filed 12/13/05, effective 1/13/06.]

AMENDATORY SECTION(Amending WSR 08-20-033, filed 9/22/08, effective 10/23/08)

WAC 388-845-0610   Are there limits to community access services I can receive?   The following limits apply to your receipt of community access services:

     (1) You must be age sixty-two or older or you have accessed nine consecutive months of employment services.

     (2) You cannot be authorized to receive community access services if you receive prevocational services or supported employment services.

     (3) The dollar limitations for employment/day program services in your Basic or Basic Plus waiver limit the amount of service you may receive.

[Statutory Authority: RCW 71A.12.030, 71A.12.120 and Title 71A RCW. 08-20-033, § 388-845-0610, filed 9/22/08, effective 10/23/08. Statutory Authority: RCW 71A.12.030, 71A.12.12 [71A.12.120] and chapter 71A.12 RCW. 06-01-024, § 388-845-0610, filed 12/13/05, effective 1/13/06.]