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WAC 388-829A-300

When must DDA deny the client's choice of an alternative living provider?

DDA must deny a client's request to have a certain provider and must not enter into a contract with the person when any of the following exist:
(1) The person is the client's spouse, as required by 42 C.F.R. 441.360(g);
(2) The person is the client's natural/step/adoptive parent;
(3) The person is the client's court-appointed legal representative; or
(4) DDA has a reasonable, good faith belief that the provider will be unable to meet the client's needs. Examples of a provider's inability to meet the client's needs may include:
(a) Evidence of alcohol or drug abuse;
(b) A reported history of domestic violence, no-contact orders, or criminal conduct (whether or not the conduct is disqualifying under chapter 388-113 WAC);
(c) A report from the client's health care provider or another knowledgeable person that the requested provider lacks the ability or willingness to provide adequate support;
(d) Other employment or responsibilities that prevent or interfere with the provision of required services;
(e) A reported history of mismanagement of client funds or DSHS contract violations; or
(f) Excessive commuting distance that would make it impractical to provide services as they are needed and outlined in the client's ISP.
[Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-829A-300, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-16-101, § 388-829A-300, filed 7/31/07, effective 9/1/07.]
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