PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Division of Vocational Rehabilitation)
Date of Adoption: August 27, 1999.
Purpose: To repeal old rehabilitation rules and adopt new rules to comply with the Rehabilitation Act of 1973 as amended in August 1998 including the following Titles: I Vocational Rehabilitation Services; VI Employment Opportunities for Individuals with Disabilities; and VII Independent Living Services and Centers for Independent Living. These rules have been written to comply with the Governor's Executive Order 97-02, Regulatory Improvement.
Citation of Existing Rules Affected by this Order: New chapter 388-890 WAC, Rehabilitation services for individuals with disabilities, will replace the following rules which are being repealed: Repealing WAC 490-500-005 Definitions, 490-500-010 Application for services, 490-500-015 Initial interview, 490-500-022 Assessment for determining eligibility and vocational rehabilitation needs, 490-500-025 Eligibility for services, 490-500-030 Eligibility for services--Criteria, 490-500-050 Certification for decision of eligibility or ineligibility, 490-500-055 Notice to applicant, 490-500-065 Ineligibility--Review required, 490-500-070 Extended evaluation, 490-500-080 Extended evaluation--Plan, 490-500-170 Criteria for order of selection, 490-500-180 Economic need, 490-500-185 Economic need--Financial statement required, 490-500-190 Economic need--Standards for determining, 490-500-200 Economic need--Notification of decision, 490-500-205 Comprehensive assessment, 490-500-257 Individualized, written rehabilitation plan, 490-500-260 Individualized, written rehabilitation plan--Content, 490-500-270 Individualized, written rehabilitation plan--Participation, 490-500-275 Individualized, written rehabilitation plan--Review, 490-500-300 Vocational rehabilitation--Employment outcome, 490-500-325 Comparable services and benefits available from other agencies, 490-500-350 Vocational rehabilitation services, 490-500-380 Vocational rehabilitation services--Counseling, guidance, and work-related placement services, 490-500-385 Vocational rehabilitation services--Physical and mental restoration, 490-500-389 Vocational rehabilitation services--Telecommunications, sensory, and other technological aids and devices, 490-500-390 Vocational rehabilitation services--Training, 490-500-418 Vocational rehabilitation services--Rehabilitation assistive technology services, 490-500-420 Vocational rehabilitation services--Additional living expenses, 490-500-430 Vocational rehabilitation services--Occupational licenses, tools, equipment, and initial stocks and supplies, 490-500-435 Vocational rehabilitation services--Transportation, 490-500-437 Vocational rehabilitation services--Interpreter services and reader services, 490-500-445 Vocational rehabilitation services--Services to family members, 490-500-450 Vocational rehabilitation services--Other goods and services, 490-500-455 Vocational rehabilitation services--Post employment services, 490-500-460 Vocational rehabilitation services--Information and referral services, 490-500-465 Vocational rehabilitation services--Recruitment and training services, 490-500-470 Vocational rehabilitation services--Transition services, 490-500-475 Vocational rehabilitation services--Supported employment, 490-500-477 Vocational rehabilitation services--Independent living services, 490-500-480 Vocational rehabilitation services--On-the-job or other related personal assistance, 490-500-485 Vocational rehabilitation services--Services to groups, 490-500-500 Purchase of services, 490-500-505 Purchase of services--Selection criteria--Schools or training organizations, 490-500-510 Purchase of services--Selection criteria--On-the-job training, 490-500-525 Termination of services under an individualized, written rehabilitation plan--Ineligible, 490-500-530 Termination of services under an individualized, written rehabilitation plan--For reasons other than ineligibility, 490-500-542 Termination of services under an individualized written rehabilitation plan--Rehabilitated, 490-500-545 Notification of termination, 490-500-555 Confidential information--Disclosure, 490-500-560 Administrative review, 490-500-580 Fair hearing--Adjudicative proceeding, 490-500-590 Client records, 490-500-600 Independent living program, 490-500-605 Independent living program--Eligibility/ineligibility, 490-500-615 Independent living program--Economic need and comparable services and benefits, 490-500-620 Independent living program--Written independent living plan, 490-500-622 Independent living program--Independent living services, 490-500-625 Independent living program--Termination, 490-500-627 Independent living program--Client records, 490-500-630 Statewide independent living council, and 490-500-635 State rehabilitation advisory council.
Statutory Authority for Adoption: RCW 74.29.020, 74.08.090.
Other Authority: Chapter 74.29 RCW, Rehabilitation Act of 1973 as amended in August 1998.
Adopted under notice filed as WSR 99-12-030 on May 25, 1999.
Changes Other than Editing from Proposed to Adopted Version:
Changes in Response to Comments from the Federal Rehabilitation Services Administration:
| • | WAC 388-890-0025(2) is changed to include the process used to provide or procure services as one of the options a participant makes informed choices about. |
| • | WAC 388-890-0515 [(15)](e) is changed to include four additional required items on the IPE. |
| • | WAC 388-890-1215 is changed to include that mediation agreements are not binding. |
Number of Sections Adopted in Order to Comply with Federal Statute: New 230, Amended 0, Repealed 63; Federal Rules or Standards: New 230, Amended 0, Repealed 63; or Recently Enacted State Statutes: New 0, Amended 0, 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 4, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 234, Amended 0, Repealed 63.
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 234, Amended 0, Repealed 63. Effective Date of Rule: November 1, 1999.
August 27, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 99-20 issue of the Register.