Chapter 388-825 WAC

Last Update: 6/4/19

DEVELOPMENTAL DISABILITIES ADMINISTRATION SERVICE RULES

(Formerly chapter 275-27 WAC)

WAC Sections

388-825-020 Definitions.
388-825-056What benefits do DDD paid services provide to me?
388-825-057Am I eligible to receive paid services from DDA?
388-825-0571What services am I eligible to receive from DDA if I am under the age of eighteen, have been determined to meet DDA eligibility requirements, and I am in a dependency guardianship or foster care with children's administration?
388-825-058What services does DDA authorize?
388-825-059How will I know which paid services I will receive?
WHAT SERVICES MAY BE AVAILABLE
388-825-067What are medicaid state plan services?
388-825-068What medicaid state plan services can DDA authorize?
388-825-072Where do I find information on DDA's home and community based services (HCBS) waiver services, eligibility rules and definitions?
388-825-073What is a "state-only funded" service?
388-825-074Am I eligible for state-only funded services?
388-825-079If I am not on a DDD HCBS waiver, can I receive services that are available through the DDD HCBS waivers with state-only funding?
388-825-081Can I receive state-only funded services that are not available in a DDA HCBS waiver?
388-825-082What state-only funded services are authorized in DDD rules?
388-825-083Is there a comprehensive list of waiver and state-only DDA services?
388-825-084What are the limits of state-only funded services or programs?
388-825-0871What out-of-home residential services does DDA provide?
388-825-089What is a residential habilitation center (RHC)?
388-825-091Am I eligible for residential habilitation center (RHC) services?
388-825-093Can I receive a short term stay at a residential habilitation center (RHC)?
388-825-094What is the process to receive services in an RHC?
388-825-096Will I have to pay for the services DDD authorizes for me?
388-825-097Are any of my expenses deducted from the income available to pay for my care in a licensed facility?
388-825-098Does DDA provide guardianship services?
NOTIFICATION OF DECISIONS
388-825-100How will I be notified of decisions made by DDA?
388-825-101Why does DDA send my notices and correspondence to someone else?
388-825-102What if I do not want my DDA notices and correspondence sent to anyone else?
388-825-103When will I receive written notice of decisions made by DDA?
388-825-104What information will the notice include?
388-825-105Am I given any advance notice of termination, reduction, or eligibility for services?
ADMINISTRATIVE HEARINGS
388-825-120When can I appeal department decisions through an administrative hearing process?
388-825-125How do I request an administrative hearing?
388-825-130How long do I have to file a request for an administrative hearing?
388-825-135What if I need help to request an administrative hearing?
388-825-140Who else can help me appeal a department decision?
388-825-145Will my benefits continue if I request an administrative hearing?
388-825-150When can the department proceed to take action during my appeal?
388-825-155What are my appeal rights if I am appealing a decision to transfer me from a state residential habilitation center to the community?
388-825-165Where can I find additional information about the appeal process?
388-825-168How do I complain to DDA about my services or treatment?
388-825-201What are enhanced respite services?
388-825-206Who is eligible to receive enhanced respite services?
388-825-211How long am I eligible to receive enhanced respite services?
INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS
388-825-300What is the purpose of WAC 388-825-300 through 388-825-400?
388-825-305What service providers are governed by the qualifications in these rules?
388-825-310What are the qualifications for respite care, community first choice, medicaid personal care, and attendant care service providers?
388-825-315What is your responsibility when you hire an individual respite care, attendant care or personal care provider?
388-825-320How does a person become an individual provider?
388-825-325What are required skills and abilities for individuals and agencies contracted to provide community first choice services, medicaid personal care, respite care, or attendant care services?
388-825-330What is required for agencies to provide care in the home of a person with developmental disabilities?
388-825-335Is a background check required of a long-term care worker employed by a home care agency licensed by the department of health?
388-825-340What is required for a provider to provide respite or residential service in their home?
388-825-345What "related" providers are exempt from licensing?
388-825-355What are the training requirements for individuals providing respite care, attendant care, community first choice, or personal care services?
388-825-360How does an individual terminate employment as a provider?
388-825-365Are providers expected to report abuse, neglect, exploitation or financial exploitation?
388-825-370What are the responsibilities of an individual or home care agency when employed to provide respite care, attendant care, or personal care services to a client?
388-825-375When will the department deny payment for services of an individual or home care agency providing respite care, attendant care, or personal care services?
388-825-380When may the department reject the client's choice of an individual respite care, attendant care or personal care provider?
388-825-385When may the department terminate an individual respite care, attendant care, or personal care provider's contract?
388-825-390When can the department otherwise terminate an individual's contract to provide respite care, attendant care, or personal care?
388-825-395What are the client's rights if the department denies, terminates, or summarily suspends an individual's contract to provide respite care, attendant care, or personal care?
388-825-396Does the provider of respite care, attendant care, or personal care have a right to a fair hearing?
388-825-400Self-directed care—Who must direct self-directed care?
BACKGROUND CHECK REQUIREMENTS
388-825-600What definitions apply to WAC 388-825-600 through 388-825-690 of this chapter?
388-825-605Why are background checks done?
388-825-610Who must have a Washington state and/or federal background check?
388-825-615What is the process for obtaining a background check?
388-825-620Who must have background check renewals?
388-825-625What happens if I do not comply with the background check requirement?
388-825-630What does the background check cover?
388-825-635Who pays for the background check?
388-825-640What criminal convictions, pending crimes or negative actions will prohibit me from being contracted or authorized to work in a capacity that may involve unsupervised access to individuals with a developmental disability?
388-825-645May an individual work in an unsupervised capacity with individuals with developmental disabilities when his or her background check reveals a conviction, pending charge or negative action that is not considered disqualifying per chapter 388-113 WAC or WAC 388-825-640?
388-825-650What does a character, competence and suitability review include?
388-825-655How will I know if I have been disqualified by the background check?
388-825-660May I appeal the department's decision to deny me a contract or authorization based on the results of the background check?
388-825-665Is the background check information released to my employer or prospective employer?
388-825-670May I receive a copy of my criminal background check results?
388-825-675What is the purpose of the one hundred twenty-day provisional hire?
388-825-680Who is responsible for approving the one hundred twenty-day provisional hire?
388-825-685When are individuals eligible for the one hundred twenty-day provisional hire?
388-825-690When does the one hundred twenty-day provisional hire begin?
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
388-825-025Exemptions. [Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-025, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-025, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 74.12A.030 and 71A.16.030. WSR 98-20-044, § 275-27-023, filed 9/30/98, effective 10/7/98. Statutory Authority: RCW 71A.12.030, 71A.12.040 and Title 71A RCW. WSR 97-13-051, § 275-27-023, filed 6/13/97, effective 7/14/97. Statutory Authority: RCW 71A.16.020. WSR 91-17-005 (Order 3230), § 275-27-023, filed 8/9/91, effective 9/9/91.] Repealed by WSR 08-11-072, filed 5/19/08, effective 6/19/08. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW.
388-825-030Eligibility for services. [Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-030, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-030, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.10.020. WSR 92-04-004 (Order 3319), § 275-27-026, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 71.20.070. WSR 89-06-049 (Order 2767), § 275-27-026, filed 2/28/89.] Repealed by WSR 05-12-130, filed 6/1/05, effective 7/2/05. Statutory Authority: RCW 71A.10.020, 71A.12.030, 71A.12.050, 71A.12.070, 71A.16.020, 71A.16.030, 71A.16.040, 71A.16.050, and chapters 71A.10, 71A.12, and 71A.16 RCW.
388-825-035Determination of eligibility. [Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-035, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-035, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71.20.070. WSR 89-06-049 (Order 2767), § 275-27-030, filed 2/28/89; WSR 84-15-058 (Order 2124), § 275-27-030, filed 7/18/84; Order 1143, § 275-27-030, filed 8/11/76.] Repealed by WSR 05-12-130, filed 6/1/05, effective 7/2/05. Statutory Authority: RCW 71A.10.020, 71A.12.030, 71A.12.050, 71A.12.070, 71A.16.020, 71A.16.030, 71A.16.040, 71A.16.050, and chapters 71A.10, 71A.12, and 71A.16 RCW.
388-825-040Application for services. [WSR 99-19-104, recodified as § 388-825-040, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 74.12A.030 and 71A.16.030. WSR 98-20-044, § 275-27-040, filed 9/30/98, effective 10/7/98. Statutory Authority: RCW 71.20.070. WSR 84-15-058 (Order 2124), § 275-27-040, filed 7/18/84. Statutory Authority: RCW 72.01.090, 72.33.040, 72.33.125 and 72.33.165. WSR 78-04-033 (Order 1280), § 275-27-040, filed 3/16/78; Order 1143, § 275-27-040, filed 8/11/76.] Repealed by WSR 05-12-130, filed 6/1/05, effective 7/2/05. Statutory Authority: RCW 71A.10.020, 71A.12.030, 71A.12.050, 71A.12.070, 71A.16.020, 71A.16.030, 71A.16.040, 71A.16.050, and chapters 71A.10, 71A.12, and 71A.16 RCW.
388-825-045Determination for necessary services. [Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-045, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-045, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 74.12A.030 and 71A.16.030. WSR 98-20-044, § 275-27-050, filed 9/30/98, effective 10/7/98. Statutory Authority: RCW 71.20.070. WSR 86-18-049 (Order 2418), § 275-27-050, filed 8/29/86; WSR 84-15-058 (Order 2124), § 275-27-050, filed 7/18/84. Statutory Authority: RCW 72.01.090, 72.33.040, 72.33.125 and 72.33.165. WSR 78-04-033 (Order 1280), § 275-27-050, filed 3/16/78; Order 1143, § 275-27-050, filed 8/11/76.] Repealed by WSR 08-11-072, filed 5/19/08, effective 6/19/08. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW.
388-825-050Individual service plan. [Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-050, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-050, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.16.020. WSR 91-17-005 (Order 3230), § 275-27-060, filed 8/9/91, effective 9/9/91. Statutory Authority: RCW 71.20.070. WSR 86-18-049 (Order 2418), § 275-27-060, filed 8/29/86; WSR 84-15-058 (Order 2124), § 275-27-060, filed 7/18/84. Statutory Authority: RCW 72.01.090, 72.33.040, 72.33.125 and 72.33.165. WSR 78-04-033 (Order 1280), § 275-27-060, filed 3/16/78; Order 1143, § 275-27-060, filed 8/11/76.] Repealed by WSR 08-11-072, filed 5/19/08, effective 6/19/08. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW.
388-825-055Authorization of services. [Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW. WSR 05-11-015, § 388-825-055, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-055, filed 12/29/03, effective 1/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-055, filed 7/25/02, effective 8/25/02; WSR 99-19-104, recodified as § 388-825-055, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 74.12A.030 and 71A.16.030. WSR 98-20-044, § 275-27-230, filed 9/30/98, effective 10/7/98. Statutory Authority: RCW 71A.16.020. WSR 91-17-005 (Order 3230), § 275-27-230, filed 8/9/91, effective 9/9/91. Statutory Authority: RCW 71.20.070. WSR 86-18-049 (Order 2418), § 275-27-230, filed 8/29/86; WSR 84-15-058 (Order 2124), § 275-27-230, filed 7/18/84. Statutory Authority: RCW 71.20.070, 72.33.125 and 72.33.850. WSR 82-06-034 (Order 1771), § 275-27-230, filed 3/1/82. Statutory Authority: RCW 72.01.090, 72.33.040, 72.33.125 and 72.33.165. WSR 78-04-033 (Order 1280), § 275-27-230, filed 3/16/78; Order 1143, § 275-27-230, filed 8/11/76.] Repealed by WSR 08-11-072, filed 5/19/08, effective 6/19/08. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW.
388-825-060What are the eligibility requirements for persons who receive funds directly for employment/day programs? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-060, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-0600What definitions apply to WAC 388-825-0600 through 388-825-0690 of this chapter? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0600, filed 6/24/14, effective 7/25/14.] Amended and decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-600.
388-825-0605Why are background checks done? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0605, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-605.
388-825-061What service am I eligible for if I am under the age of three? [Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-061, filed 5/19/08, effective 6/19/08.] Repealed by WSR 15-17-094, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW.
388-825-0610Who must have a Washington state and/or federal background check? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0610, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-610.
388-825-0615What is the process for obtaining a background check? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0615, filed 6/24/14, effective 7/25/14.] Amended and decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-615.
388-825-062What is infant toddler early intervention program (ITEIP)? [Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-062, filed 5/19/08, effective 6/19/08.] Repealed by WSR 15-17-094, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW.
388-825-0620Who must have background check renewals? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0620, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-620.
388-825-0625What happens if I do not comply with the background check requirement? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0625, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-625.
388-825-063What services can infant toddler early intervention program (ITEIP) provide? [Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-063, filed 5/19/08, effective 6/19/08.] Repealed by WSR 15-17-094, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW.
388-825-0630What does the background check cover? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0630, filed 6/24/14, effective 7/25/14.] Amended and decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-630.
388-825-0635Who pays for the background check? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0635, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-635.
388-825-064What are the restrictions on the use of the funds paid directly to persons for employment/day programs? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-064, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-0640What criminal convictions, pending crimes or negative actions will prohibit me from being contracted or authorized to work in a capacity that may involve unsupervised access to individuals with a developmental disability? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0640, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-640.
388-825-0645May an individual work in an unsupervised capacity with individuals with developmental disabilities when his or her background check reveals a conviction, pending charge or negative action that is not considered disqualifying per chapter 388-113 WAC or WAC 388-825-0640? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0645, filed 6/24/14, effective 7/25/14.] Amended and decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-645.
388-825-065Financial services. [WSR 99-19-104, recodified as § 388-825-065, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71.20.070. WSR 84-15-058 (Order 2124), § 275-27-240, filed 7/18/84; Order 1143, § 275-27-240, filed 8/11/76.] Repealed by WSR 08-11-072, filed 5/19/08, effective 6/19/08. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW.
388-825-0650What does a character, competence and suitability review include? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0650, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-650.
388-825-0655How will I know if I have been disqualified by the background check? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0655, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-655.
388-825-066Where do I find the program eligibility rules and service definitions for infant toddler early intervention program (ITEIP)? [Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-066, filed 5/19/08, effective 6/19/08.] Repealed by WSR 15-17-094, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW.
388-825-0660May I appeal the department's decision to deny me a contract or authorization based on the results of the background check? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0660, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-660.
388-825-0665Is the background check information released to my employer or prospective employer? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0665, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-665.
388-825-0670May I receive a copy of my criminal background check results? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0670, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-670.
388-825-0675What is the purpose of the one hundred twenty-day provisional hire? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0675, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-675.
388-825-0680Who is responsible for approving the one hundred twenty-day provisional hire? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0680, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-680.
388-825-0685When are individuals eligible for the one hundred twenty-day provisional hire? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0685, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-685.
388-825-069What services are provided under a home and community based services (HCBS) waiver? [Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-069, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-069, filed 5/19/08, effective 6/19/08.] Repealed by WSR 15-17-094, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW.
388-825-0690When does the one hundred twenty-day provisional hire begin? [Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0690, filed 6/24/14, effective 7/25/14.] Decodified by WSR 15-09-068, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 74.08.090. Recodified as WAC 388-825-690.
388-825-070What happens if I do not spend the funds paid directly to me for employment/day programs as specified in WAC 388-825-064? [Statutory Authority: RCW 71A.12.030, 71A.10.020, and 2002 c 371. WSR 04-11-087, § 388-825-070, filed 5/18/04, effective 6/18/04; WSR 04-02-014, § 388-825-070, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-071What services am I eligible for if I am enrolled in a DDD home and community based services (HCBS) waiver? [Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-071, filed 5/19/08, effective 6/19/08.] Repealed by WSR 15-17-094, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW.
388-825-075How much money will I receive? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-075, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-076How often will I receive a direct payment check for my employment/day program services? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-076, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-077Who will the warrant/check be sent to? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-077, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-078How will the warrant/check be sent? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-078, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-080Guardianship services. [WSR 99-19-104, recodified as § 388-825-080, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71.20.070. WSR 84-15-058 (Order 2124), § 275-27-250, filed 7/18/84; Order 1143, § 275-27-250, filed 8/11/76.] Repealed by WSR 08-11-072, filed 5/19/08, effective 6/19/08. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW.
388-825-085What is a representative payee? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-085, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-086Who can be a representative payee for my DDD direct payment funds for employment/day program services? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-086, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-087What are the responsibilities of a representative payee? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-087, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-088Where can I find more information about DDD contracted residential services? [Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-088, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-088, filed 5/19/08, effective 6/19/08.] Repealed by WSR 15-17-094, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW.
388-825-090When will DDD recover direct payment funds sent to me for employment/day program services? [Statutory Authority: RCW 71A.12.030, 71A.10.020, and 2002 c 371. WSR 04-11-087, § 388-825-090, filed 5/18/04, effective 6/18/04; WSR 04-02-014, § 388-825-090, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-095Who is liable for repayment of an overpayment? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-095, filed 12/29/03, effective 1/29/04.] Repealed by WSR 05-11-015, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW.
388-825-160When will a decision on my appeal be made? [Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-160, filed 8/19/05, effective 9/19/05.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-170Community alternatives program (CAP). [WSR 99-19-104, recodified as § 388-825-170, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71.20.020. WSR 84-07-018 (Order 2086), § 275-27-800, filed 3/14/84.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-180Eligible persons. [WSR 99-19-104, recodified as § 388-825-180, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71.20.020. WSR 84-07-018 (Order 2086), § 275-27-810, filed 3/14/84.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-190Community alternatives program (CAP)—Services. [WSR 99-19-104, recodified as § 388-825-190, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.16.020. WSR 91-17-005 (Order 3230), § 275-27-820, filed 8/9/91, effective 9/9/91. Statutory Authority: RCW 71.20.020. WSR 84-07-018 (Order 2086), § 275-27-820, filed 3/14/84.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-200What is the purpose of the family support opportunity program? [WSR 99-19-104, recodified as § 388-825-200, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-180, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-205Who is eligible to participate in the family support opportunity program? [Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-205, filed 12/29/03, effective 1/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-205, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-205, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-185, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-210What basic services can my family receive from the family support opportunity program? [Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-210, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-210, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-210, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-190, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-220What is the purpose of community guide services? [WSR 99-19-104, recodified as § 388-825-220, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-191, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-222Who can become a community guide? [WSR 99-19-104, recodified as § 388-825-222, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-192, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-224Does my family have a choice in selecting its community guide? [WSR 99-19-104, recodified as § 388-825-224, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-193, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-226Can the family support opportunity program help my family obtain financial assistance for community guide services? [Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2001 2nd sp.s. c 7. WSR 02-01-074, § 388-825-226, filed 12/14/01, effective 1/14/02. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 00-23-106, § 388-825-226, filed 11/21/00, effective 12/22/00; WSR 00-08-090, § 388-825-226, filed 4/5/00, effective 5/6/00. WSR 99-19-104, recodified as § 388-825-226, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-194, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-228How can short-term intervention services through the family support opportunity program help my family? [Statutory Authority: RCW 71A.12.030, 2005 c 518 § 205 (1)(a). WSR 06-11-082, § 388-825-228, filed 5/16/06, effective 6/16/06. Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-228, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2001 2nd sp.s. c 7. WSR 02-01-074, § 388-825-228, filed 12/14/01, effective 1/14/02. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 00-23-106, § 388-825-228, filed 11/21/00, effective 12/22/00; WSR 00-08-090, § 388-825-228, filed 4/5/00, effective 5/6/00. WSR 99-19-104, recodified as § 388-825-228, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-195, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-230Specifically how can short-term intervention funds be used? [Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-230, filed 10/29/04, effective 11/29/04. WSR 99-19-104, recodified as § 388-825-230, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-196, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-232How can serious need funds help my family? [Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-232, filed 10/29/04, effective 11/29/04. WSR 99-19-104, recodified as § 388-825-232, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-197, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-234How can my family qualify for serious need funds? [Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-234, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-234, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-234, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-198, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-236How does my family request serious need funds? [Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-236, filed 10/29/04, effective 11/29/04. WSR 99-19-104, recodified as § 388-825-236, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-199, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-238What amount of serious need funding is available to my family? [Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-238, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2001 2nd sp.s. c 7. WSR 02-01-074, § 388-825-238, filed 12/14/01, effective 1/14/02. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 00-23-106, § 388-825-238, filed 11/21/00, effective 12/22/00. WSR 99-19-104, recodified as § 388-825-238, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-200, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-240Who determines what family support services my family can receive? [WSR 99-19-104, recodified as § 388-825-240, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-202, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-242What department restrictions apply to family support payments? [Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-242, filed 10/29/04, effective 11/29/04. WSR 99-19-104, recodified as § 388-825-242, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-204, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-244What are regional family support advisory councils? [WSR 99-19-104, recodified as § 388-825-244, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-211, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-246What are community service grants? [WSR 99-19-104, recodified as § 388-825-246, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-212, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-248Who is covered under these rules? [Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-248, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-248, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-248, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-213, filed 2/1/99, effective 3/4/99.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-250Continuity of family support services. [Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-250, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-250, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.040. WSR 92-13-024 (Order 3394), § 275-27-219, filed 6/9/92, effective 7/10/92.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-252Family support services. [Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-252, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-252, filed 12/29/03, effective 1/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-252, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-252, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030, 71A.12.040 and Title 71A RCW. WSR 97-13-051, § 275-27-220, filed 6/13/97, effective 7/14/97. Statutory Authority: RCW 71A.12.040 and 43.43.745. WSR 94-04-092 (Order 3702), § 275-27-220, filed 2/1/94, effective 3/4/94. Statutory Authority: RCW 71A.12.040. WSR 92-09-114 (Order 3372), § 275-27-220, filed 4/21/92, effective 5/22/92. Statutory Authority: RCW 71.20.070. WSR 88-05-004 (Order 2596), § 275-27-220, filed 2/5/88; WSR 86-18-049 (Order 2418), § 275-27-220, filed 8/29/86.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-253Family support service restrictions. [Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-253, filed 10/29/04, effective 11/29/04.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-254Service need level rates. [Statutory Authority: RCW 71A.12.030, 2005 c 518 § 205 (1)(a). WSR 06-11-082, § 388-825-254, filed 5/16/06, effective 6/16/06. Statutory Authority: RCW 71A.12.030, 71.A12.120 [71A.12.120], and chapter 71A.12 RCW. WSR 04-22-068, § 388-825-254, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-254, filed 12/29/03, effective 1/29/04. Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2001 2nd sp.s. c 7. WSR 02-01-074, § 388-825-254, filed 12/14/01, effective 1/14/02. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 00-23-106, § 388-825-254, filed 11/21/00, effective 12/22/00; WSR 00-08-090, § 388-825-254, filed 4/5/00, effective 5/6/00. WSR 99-19-104, recodified as § 388-825-254, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 71A.12.030, 71A.12.040 and Title 71A RCW. WSR 97-13-051, § 275-27-222, filed 6/13/97, effective 7/14/97.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-256Service need levels. [WSR 99-19-104, recodified as § 388-825-256, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030, 71A.12.040 and Title 71A RCW. WSR 97-13-051, § 275-27-223, filed 6/13/97, effective 7/14/97. Statutory Authority: RCW 71A.12.040 and 43.43.745. WSR 94-04-092 (Order 3702), § 275-27-223, filed 2/1/94, effective 3/4/94. Statutory Authority: RCW 71A.12.040. WSR 92-09-114 (Order 3372), § 275-27-223, filed 4/21/92, effective 5/22/92. Statutory Authority: RCW 71.20.070. WSR 88-05-004 (Order 2596), § 275-27-223, filed 2/5/88.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-260What are qualifications for individual service providers? [Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-260, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-262What services do individuals provide for persons with developmental disabilities? [Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-262, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-264If I want to provide services to persons with developmental disabilities, what do I do? [Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-264, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-266If I want to provide respite care in my home, what is required? [Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-266, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-268What is required for agencies wanting to provide care in the home of a person with developmental disabilities? [Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-268, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-270Are there exceptions to the licensing requirement? [Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-270, filed 7/25/02, effective 8/25/02. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-270, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-272What are the minimum requirements to become an individual provider? [Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-272, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-276What are required skills and abilities for this job? [Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-276, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-278Are there any educational requirements for individual providers? [Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-278, filed 7/25/02, effective 8/25/02. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-278, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-280What are the requirements for an individual supportive living service (also known as a companion home) contract? [Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-280, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-282What is "abandonment of a vulnerable adult”? [Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-282, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-284Are providers expected to report abuse? [Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, § 388-825-284, filed 11/9/99, effective 12/10/99.] Repealed by WSR 05-17-135, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.12.120.
388-825-316How do I choose a companion home or alternative living provider? [Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-316, filed 8/19/05, effective 9/19/05.] Repealed by WSR 07-23-062, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW.
388-825-381When can the department reject the client's choice of a companion home services or alternative living services provider? [Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-381, filed 8/19/05, effective 9/19/05.] Repealed by WSR 07-23-062, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW.
388-825-500What is the family support pilot? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-500, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-505What is the statutory authority for the family support pilot? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-505, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-510Who is eligible to participate in the family support pilot? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-510, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-512What is the definition of family? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-512, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-513What is the definition of an "award"? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-513, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-514If I participate in the FSP, will I be eligible for services through the DDD home and community based services (HCBS) waiver? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-514, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-516If I receive other DDD funded services do I qualify for the FSP? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-516, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-520If I qualify for and receive an FSP award, will my name remain on the family support waitlist? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-520, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-524How do I apply for the FSP? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-524, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-528What will DDD do with the FSP questionnaire that you return? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-528, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-532How does DDD determine the federal poverty level (FPL) for my household? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-532, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-534What are the annual federal poverty levels? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-534, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-536What is "gross annual household income"? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-536, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-538What is the definition of household? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-538, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-540Who must declare their income? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-540, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-544If I meet eligibility for FSP, will I receive paid services? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-544, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-548What is the amount of the FSP awards? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-548, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-552What if there are two or more family members who qualify for FSP? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-552, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-554How will DDD determine who will receive awards for FSP? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-554, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-558What FSP services can my family and I receive? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-558, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-560What department restrictions apply to FSP? [Statutory Authority: RCW 71A.12.030, 71A.12.040, 2005 c 518 § 205 (1)(e), Title 71A RCW. WSR 06-19-036, § 388-825-560, filed 9/13/06, effective 10/14/06; WSR 06-06-040, § 388-825-560, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-562What is an FSP plan? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-562, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-564Does my family have a choice of FSP services? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-564, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-572What if I have needs that exceed my FSP award limit? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-572, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-575What are one-time awards? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-575, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-576How do I apply for a one-time award? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-576, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-578What amount of one-time funding is available for my family? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-578, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-581How long do I remain eligible for the FSP? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-581, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-584Can I be terminated from FSP? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-584, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-586When are changes in my circumstances considered effective? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-586, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-588How will the department notify me of their decisions? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-588, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-591What are my appeal rights under the FSP? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-591, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.
388-825-595How do I appeal a department action? [Statutory Authority: RCW 71A.12.030, 71A.12.040, Title 71A RCW and 2005 c 518 § 205 (1)(e). WSR 06-06-040, § 388-825-595, filed 2/23/06, effective 3/26/06.] Repealed by WSR 10-02-101, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and 71A.12.040.


388-825-020
Definitions.

"Authorization" means DDA approval of funding for a service as identified in the individual support plan or evidence of payment for a service.
"Assistant secretary" means the assistant secretary of the developmental disabilities administration.
"Client" or "person" means a person who has a developmental disability as defined in RCW 71A.10.020(3) who also has been determined eligible to receive services by the administration under chapter 71A.16 RCW.
"Community first choice" or "CFC" is a medicaid state plan program defined in chapter 388-106 WAC.
"Department" means the department of social and health services of the state of Washington.
"DDA" means the developmental disabilities administration, an administration within the department of social and health services.
"Enhanced respite services" means respite care for DDA enrolled children and youth, who meet specific criteria, in a DDA contracted and licensed staffed residential setting.
"Family" means relatives who live in the same home with the eligible client. Relatives include spouse or registered domestic partner; natural, adoptive or step parent; grandparent; child; stepchild; sibling; stepsibling; uncle; aunt; first cousin; niece; or nephew.
"ICF/IID" means a facility certified as an intermediate care facility for individuals with intellectual disabilities by title XIX to provide diagnosis, treatment and rehabilitation services to the individuals with intellectual disabilities or individuals with related conditions.
"ICF/IID eligible" for admission to an ICF/IID means a person is determined by DDA as needing active treatment as defined in C.F.R. 483.440. Active treatment requires:
(1) Twenty-four hour supervision; and
(2) Continuous training and physical assistance in order to function on a daily basis due to deficits in the following areas: Toilet training, personal hygiene, dental hygiene, self-feeding, bathing, dressing, grooming, and communication.
"Individual support plan" or "ISP" is a document that authorizes and identifies the DDA paid services to meet a client's assessed needs.
"Medicaid personal care" or "MPC" is a medicaid state plan program defined in chapter 388-106 WAC.
"Overnight planned respite services" means services intended to provide short-term intermittent relief for persons who live with the DDA client as the primary care provider and are either a family member who is paid or unpaid or a nonfamily member who is not paid. These services provide person-centered support, care and planned activities for the client in the community.
"Residential habilitation center" or "RHC" means a state-operated facility certified to provide ICF/IID and/or nursing facility level of care for persons with developmental disabilities.
"Residential programs" means provision of support for persons in community living situations. Residential programs include DDA certified community residential services and support, both facility-based such as licensed group homes, and nonfacility based, such as supported living and state-operated living alternatives (SOLA). Other residential programs include alternative living (as described in chapter 388-829A WAC, companion homes (as described in chapter 388-829C WAC), adult family homes, adult residential care services, children's foster homes, group care and staffed residential homes.
"Respite care" means short-term intermittent care for DDA clients in order to provide relief for persons who normally provide that care.
"Secretary" means the secretary of the department of social and health services or the secretary's designee.
"State supplementary payment" or "SSP" is the state paid cash assistance program for certain DDA eligible SSI clients.
[Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-020, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-020, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-020, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-020, filed 5/19/08, effective 6/19/08. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-020, filed 12/29/03, effective 1/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-020, filed 7/25/02, effective 8/25/02. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 99-23-021, amended and recodified as § 388-825-020, filed 11/9/99, effective 12/10/99. Statutory Authority: RCW 71A.12.030. WSR 99-04-071, § 275-27-020, filed 2/1/99, effective 3/4/99. Statutory Authority: RCW 74.12A.030 and 71A.16.030. WSR 98-20-044, § 275-27-020, filed 9/30/98, effective 10/7/98. Statutory Authority: RCW 71A.14.030 and 71A.16.020. WSR 92-09-115 (Order 3373), § 275-27-020, filed 4/21/92, effective 5/22/92. Statutory Authority: RCW 71A.16.020. WSR 91-17-005 (Order 3230), § 275-27-020, filed 8/9/91, effective 9/9/91. Statutory Authority: RCW 71.20.070. WSR 89-06-049 (Order 2767), § 275-27-020, filed 2/28/89; WSR 84-15-058 (Order 2124), § 275-27-020, filed 7/18/84. Statutory Authority: RCW 72.01.090, 72.33.040, 72.33.125 and 72.33.165. WSR 78-04-033 (Order 1280), § 275-27-020, filed 3/16/78; Order 1143, § 275-27-020, filed 8/11/76.]



388-825-056
What benefits do DDD paid services provide to me?

DDD paid services provide one or more of the following benefits:
(1) An opportunity to learn, improve or retain social and adaptive skills necessary for living in the community;
(2) Health and safety;
(3) Personal power and choice;
(4) Competence and self reliance;
(5) Positive recognition by self and others;
(6) Positive relationships; and
(7) Integration into the physical and social life of the community.
[Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-056, filed 5/19/08, effective 6/19/08.]



388-825-057
Am I eligible to receive paid services from DDA?

You may be eligible to receive paid services from DDA if you are currently an eligible client of DDA per chapter 388-823 WAC and:
(1) You are under the age of three and meet the eligibility requirements contained in WAC 388-823-0800 through 388-823-0850;
(2) You are a recipient of Washington apple health under the categorically needy program (CNP) or the alternative benefits plan and meet the eligibility requirements under chapter 182-513 WAC that correspond to the program or service you have been determined eligible for;
(3) You are enrolled in a DDA home and community based services waiver and meet the eligibility requirements contained in chapter 388-845 WAC;
(4) You have been enrolled in the individual and family services program and meet the eligibility requirements contained in chapter 388-832 WAC; or
(5) You have been approved to receive a state-only funded service.
[Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-057, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-057, filed 5/19/08, effective 6/19/08.]



388-825-0571
What services am I eligible to receive from DDA if I am under the age of eighteen, have been determined to meet DDA eligibility requirements, and I am in a dependency guardianship or foster care with children's administration?

Your services from DDA are limited to CFC or medicaid personal care services and related case management if you meet the programmatic eligibility for CFC or medicaid personal care services as defined in chapters 388-106 and 388-71 WAC, and:
(1) You are under the age of eighteen;
(2) You have been determined to meet DDA eligibility requirements; and
(3) You are in a dependency guardianship or foster care with children's administration.
[Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-0571, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-0571, filed 5/19/08, effective 6/19/08.]



388-825-058
What services does DDA authorize?

The department authorizes services through programs that are designed to help you remain in the community. DDA may authorize the following services if you meet programmatic eligibility and funding is available:
(1) Medicaid state plan services;
(2) Home and community based services (HCBS) waiver services;
(3) Roads to community living services; and
(4) State-only funded services.
Participation in all DDA paid services is voluntary. Clients or their legal representatives have the right to decline or terminate services at any time.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-058, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-058, filed 5/19/08, effective 6/19/08.]



388-825-059
How will I know which paid services I will receive?

Your person-centered service plan/individual support plan (ISP) identifies the services and the amount of service you can receive.
[Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-059, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-059, filed 5/19/08, effective 6/19/08.]



388-825-067
What are medicaid state plan services?

(1) Medicaid state plan services are those services available to all persons eligible for medicaid under the categorically needy program. See WAC 388-475-0100 for the categorically needy program requirements.
(2) To receive the service, you must be assessed by DSHS to have an unmet need for the service and meet the eligibility criteria for the program. See WAC 388-825-068 for services authorized by DDD.
[Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-067, filed 5/19/08, effective 6/19/08.]



388-825-068
What medicaid state plan services can DDA authorize?

If eligible, DDA may authorize one or more of the following medicaid state plan services:
(1) Community first choice, per chapter 388-106 WAC;
(2) Medicaid personal care, per chapter 388-106 WAC;
(3) Private duty nursing for adults age eighteen and older; per chapter 388-106 WAC;
(4) Private duty nursing for children under the age of eighteen, per WAC 182-551-3000;
(5) ICF/IID services, per chapters 388-835 and 388-837 WAC;
(6) Nursing facility services at residential habilitation centers (RHC) per chapter 388-97 WAC.
[Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-068, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-068, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.12.030, 71A.12.040, 71A.14.030, 2009 c 564, section 205 (1)(j), and section 1915(i) of the Social Security Act. WSR 10-04-002, § 388-825-068, filed 1/21/10, effective 2/21/10. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-068, filed 5/19/08, effective 6/19/08.]



388-825-072
Where do I find information on DDA's home and community based services (HCBS) waiver services, eligibility rules and definitions?

Home and community based services (HCBS) waiver eligibility, the scope of services provided by each waiver, the definitions of the services, the limitations of the service, and qualified providers for the service are contained in chapter 388-845 WAC.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-072, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-072, filed 5/19/08, effective 6/19/08.]



388-825-073
What is a "state-only funded" service?

State-only funded services are those services paid entirely with state funds. These services are limited by available funding.
[Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-073, filed 5/19/08, effective 6/19/08.]



388-825-074
Am I eligible for state-only funded services?

You are eligible to receive available state-only funded services if you have been approved for funding for that service, and all of the following conditions apply:
(1) You have a current DDA assessment that identifies the need for the service;
(2) You meet the programmatic and financial eligibility requirements for the specific service or program;
(3) Your need cannot be met through medicaid state plan services;
(4) You are not enrolled in a DDA home and community based services (HCBS) waiver;
(5) You do not receive SSP as a replacement for the requested service;
(6) The program or service is funded by the legislature.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-074, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-074, filed 5/19/08, effective 6/19/08.]



388-825-079
If I am not on a DDD HCBS waiver, can I receive services that are available through the DDD HCBS waivers with state-only funding?

(1) With the exception of personal care, you may be authorized to receive any of the services that are available through the DDD HCBS waivers with state-only funding.
(2) Services that are available through the DDD HCBS waivers and authorized with state-only funding:
(a) Are subject to the definitions, limitations and provider qualifications contained in chapter 388-845 WAC; and
(b) Require prior approval by the director of DDD or designee.
[Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-079, filed 5/19/08, effective 6/19/08.]



388-825-081
Can I receive state-only funded services that are not available in a DDA HCBS waiver?

You may be authorized to receive state-only funded services that are described in other DSHS rules as defined below:
(1) Adult day care (WAC 388-825-082);
(2) Attendant care (WAC 388-825-082);
(3) Chore services (chapter 388-106 WAC);
(4) Individual and family assistance by the county (WAC 388-825-082);
(5) Medical and dental services (WAC 388-825-082);
(6) Psychological counseling (WAC 388-825-082);
(7) State supplementary payments (chapter 388-827 WAC); and
(8) Transportation reimbursement for an escort (WAC 388-825-082).
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-081, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-081, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-081, filed 5/19/08, effective 6/19/08.]



388-825-082
What state-only funded services are authorized in DDD rules?

The following state-only funded services defined below are authorized only by DDD and are not contained in other rules governing DDD.
(1) "Adult day care" not covered by medicaid is a DDD county service providing a structured social program for adults and is limited to persons receiving the service prior to June 2005.
(2) "Attendant care" provides respite care or personal care and is limited to persons who:
(a) Are not eligible for other DDD services to meet their need; and
(b) Were receiving attendant care in March 2004.
(3) "Individual and family assistance" is a time limited county service available to individuals and families.
(a) Supports are provided to additional families and persons with developmental disabilities in need of services within existing resources;
(b) Individuals and families receiving services have more control and flexibility with the use of the resources; and
(c) The individual and family are assisted in connecting to and using natural and informal community supports.
(4) "Information and education" is a county service that provides a variety of activities and strategies to assure that individuals with developmental disabilities and families have full access to current information about services and support that will assist them in becoming full participants in their communities.
(5) "Medical and dental services" means those services which are necessary for the health of the client and are not covered by medicaid or private insurance.
(6) "Psychological counseling" may provide specialized cognitive counseling, strategies for effectively relating to people or coping with situations and problems.
(7) "Transportation reimbursement for an escort" is the payment for someone other than the driver to provide one-on-one attention to the client being transported.
[Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-082, filed 5/19/08, effective 6/19/08.]



388-825-083
Is there a comprehensive list of waiver and state-only DDA services?

The following is a list of waiver and state-only services that the developmental disabilities administration (DDA) may authorize:
(1) For medicaid state plan services authorized by DDA, see WAC 388-825-068;
(2) The following waiver services may be funded as state-only services:
(a) Basic plus waiver services under WAC 388-845-0210;
(b) Children's intensive in-home behavioral support waiver services under WAC 388-845-0225;
(c) Community protection waiver services under WAC 388-845-0220;
(d) Core waiver services under WAC 388-845-0215; and
(e) Individual and family services under WAC 388-845-0230; and
(3) The following state-only funded services are not available as a waiver service:
(a) Adult day care;
(b) Attendant care;
(c) Child care for foster children;
(d) Child development services;
(e) Chore services;
(f) Community services grant;
(g) Individual and family assistance;
(h) Information and education;
(i) Medical and dental services;
(j) Medical insurance copays and costs exceeding other coverage;
(k) Overnight planned respite services;
(l) Parent and sibling education;
(m) Parent training and counseling;
(n) Personal care mileage reimbursement;
(o) Psychological counseling;
(p) Recreational opportunities;
(q) Reimbursement to families for the purchase of approved items or services;
(r) State supplementary payments;
(s) Training of the client; and
(t) Transportation costs of escort service or travel time.
[Statutory Authority: RCW 71A.12.030, 71A.12.040, 2015 3rd sp.s. c 4, and 42 C.F.R § 441.301 (c)(4)-(5). WSR 18-03-174, § 388-825-083, filed 1/23/18, effective 2/23/18. Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-083, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-083, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-083, filed 5/19/08, effective 6/19/08.]



388-825-084
What are the limits of state-only funded services or programs?

In addition to any limits for state-only funded services or programs that are contained in the program-specific rules, the following limits apply:
(1) All state-only funded services are limited to available funding; and
(2) Adult day care is available only to a client who is currently receiving the service.
[Statutory Authority: RCW 71A.12.030, 71A.12.040, 2015 3rd sp.s. c 4, and 42 C.F.R § 441.301 (c)(4)-(5). WSR 18-03-174, § 388-825-084, filed 1/23/18, effective 2/23/18. Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-084, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-084, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-084, filed 5/19/08, effective 6/19/08.]



388-825-0871
What out-of-home residential services does DDA provide?

DDA provides the following out-of-home residential services that address the special needs of adults and children with developmental disabilities:
(1) Contracted and DDA-certified community based residential services for adults;
(2) Contracted community based services for children; and
(3) Residential habilitation centers (RHC) for a person who requires ICF/ID or nursing facility care.
(a) On a short-term basis for those ages sixteen through twenty; or
(b) On a short or long-term basis if age twenty-one or older.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-0871, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-0871, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-0871, filed 5/19/08, effective 6/19/08.]



388-825-089
What is a residential habilitation center (RHC)?

A residential habilitation center (RHC) is a state-operated facility certified to provide ICF/ID services (see chapter 388-837 WAC) and/or nursing facility services (chapter 388-97 WAC) for persons who are eligible as specified in WAC 388-825-091. RHCs include:
(1) Rainier School in Buckley, Washington;
(2) Fircrest School in Shoreline, Washington;
(3) Yakima Valley School in Selah, Washington; and
(4) Lakeland Village in Medical Lake, Washington.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-089, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-089, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-089, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-089, filed 5/19/08, effective 6/19/08.]



388-825-091
Am I eligible for residential habilitation center (RHC) services?

(1) If you are twenty-one years of age or over, you are eligible to receive residential habilitation center (RHC) services if:
(a) You have been determined to meet DDA eligibility criteria;
(b) You choose to receive services in the RHC;
(c) DDA has determined that you can be supported safely in an RHC environment and will not pose a danger to other residents of the RHC; and
(d) You need the level of care provided at the RHC, which is either:
(i) Nursing facility level of care under WAC 388-106-0355 for a client admitted to, or seeking admission to, a state-operated nursing facility; or
(ii) Intermediate care facility for individuals with intellectual disabilities (ICF/IID) level of care under WAC 388-828-1020 for a client admitted to, or seeking admission to, a state-operated ICF/IID.
(2) If you are sixteen through twenty years of age, and meet (1)(a) through (d) above you may not be admitted to receive services at a residential habilitation center unless there are no service options available in the community to appropriately meet your needs. Such admission is limited to the provision of short-term respite or crisis stabilization services.
(3) If you are under age sixteen you are not eligible to receive services at a residential habilitation center.
(4) Admission to a nursing facility at a RHC also requires completion of preadmission screening and resident review (PASRR) requirements as described in chapter 388-97 WAC.
[Statutory Authority: RCW 71A.12.030 and 71A.12.120, 42 C.F.R. 483.440. WSR 19-12-088, § 388-825-091, filed 6/4/19, effective 7/5/19. Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-091, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-091, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-091, filed 5/19/08, effective 6/19/08.]



388-825-093
Can I receive a short term stay at a residential habilitation center (RHC)?

If there is capacity at a residential habilitation center (RHC), the vacancies may be available for short term stays.
(1) Short term stays are limited by available vacancies;
(2) Short term stays must be included in your individual support plan;
(3) Short term stays in excess of thirty days in a calendar year require approval by the assistant secretary of the developmental disabilities administration or designee; and
(4) You are sixteen years of age or older.
If you are sixteen through twenty years of age your stay will only be for short-term respite or crisis stabilization purposes.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-093, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-093, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-093, filed 5/19/08, effective 6/19/08.]



388-825-094
What is the process to receive services in an RHC?

You may request to receive services in an RHC at any time. RHC admissions are not considered permanent.
(1) Your case/resource manager will update your DDA assessment and gather other information.
(2) Long term admission to an RHC requires approval by the assistant secretary of the developmental disabilities administration or designee.
(3) You must be twenty-one years old or older to be admitted as a long-term resident.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-094, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-094, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-094, filed 5/19/08, effective 6/19/08.]



388-825-096
Will I have to pay for the services DDD authorizes for me?

(1) If you live in your own home, you do not pay toward the cost of your services except chore services. You must pay toward the cost of chore services as described in WAC 388-106-0625.
(2) If DDD authorizes you to live in a licensed community residential facility you must pay your room and board costs from your earned and unearned income. You may also be responsible for a portion of the cost of your care.
(a) If you are eligible for and receiving SSI or have SSI related eligibility per WAC 388-475-0100 (2)(a) or (b), you are not required to pay toward the cost of your care if you are living at home or in a community setting.
(b) If you are enrolled in a DDD HCBS waiver you must pay toward the cost of your services as described in WAC 388-515-1510.
(c) If you are not enrolled in a DDD HCBS waiver you must pay toward the cost of your services as described in WAC 388-106-0225.
(3) If you live in a medical institution you must pay toward the cost of your care as described in WAC 388-513-1380. See WAC 182-500-0005 for the definition of a medical institution.
[Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-096, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-096, filed 5/19/08, effective 6/19/08.]



388-825-097
Are any of my expenses deducted from the income available to pay for my care in a licensed facility?

After you pay for your room and board costs, some expenses may be deducted from the income available to pay for the cost of your care.
(1) If you have SSI related eligibility the cost of your payee or guardianship service may be deducted as described in chapter 388-79 WAC and WAC 182-512-0800(5).
(2) If you are enrolled in a DDA HCBS waiver refer to WAC 182-512-1510 for rules used to determine allowable deductions.
(3) If you are not enrolled in a DDA HCBS waiver refer to WAC 388-106-0225 for rules used to determine allowable deductions.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-097, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-097, filed 5/19/08, effective 6/19/08.]



388-825-098
Does DDA provide guardianship services?

DDA does not provide or pay for the cost of guardianship services. If it appears that you require a guardian to make legal, medical, and/or services decisions and to exercise your appeal rights to department decisions, and there is no other individual able and willing to seek guardianship on your behalf, the administration's field services may request that an assistant attorney general initiate and/or assist in guardianship proceedings.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-098, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-098, filed 5/19/08, effective 6/19/08.]



388-825-100
How will I be notified of decisions made by DDA?

(1) Whenever possible, DDA will notify you or your legal representative by phone or in person of the decision; and
(2) If you are under the age of eighteen, written notifications will be mailed to:
(a) Your parent; or
(b) Your legal representative.
(3) If you are age eighteen or older, written notifications will be mailed to you and:
(a) Your legal representative; or
(b) A person identified by you to receive notices if you do not have a legal representative. Unless the person identified by you is a relative of yours, he or she cannot be an employee of DDA, a contractor with DDA or an employee of a contractor with DDA.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-100, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-100, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71.10.060, 71A.12.030, and Title 71A RCW. WSR 08-16-122, § 388-825-100, filed 8/5/08, effective 9/5/08. Statutory Authority: RCW 71A.12.030, 71A.10.020, and 71A.16.040. WSR 04-15-093, § 388-825-100, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-100, filed 12/29/03, effective 1/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-100, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-825-100, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030, 71A.12.040 and Title 71A RCW. WSR 97-13-051, § 275-27-400, filed 6/13/97, effective 7/14/97. Statutory Authority: RCW 71.20.070. WSR 88-05-004 (Order 2596), § 275-27-400, filed 2/5/88; WSR 86-18-049 (Order 2418), § 275-27-400, filed 8/29/86; WSR 84-15-058 (Order 2124), § 275-27-400, filed 7/18/84. Statutory Authority: RCW 72.01.090, 72.33.040, 72.33.125 and 72.33.165. WSR 78-04-033 (Order 1280), § 275-27-400, filed 3/16/78; Order 1143, § 275-27-400, filed 8/11/76.]



388-825-101
Why does DDA send my notices and correspondence to someone else?

DDA sends your notices and correspondence to someone else to assist you to understand the information and your appeal rights to department decisions.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-101, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71.10.060, 71A.12.030, and Title 71A RCW. WSR 08-16-122, § 388-825-101, filed 8/5/08, effective 9/5/08. Statutory Authority: RCW 71A.12.030, 71A.10.020, and 71A.16.040. WSR 04-15-093, § 388-825-101, filed 7/16/04, effective 8/16/04.]



388-825-102
What if I do not want my DDA notices and correspondence sent to anyone else?

(1) If you are age eighteen or older and do not have a legal guardian, you may request in writing that your DDA notices and correspondence be given only to you.
(2) DDA will review your request and comply with your request unless it determines that you are at risk of losing legal rights.
(3) You have the right to appeal a denial of this request.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-102, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71.10.060, 71A.12.030, and Title 71A RCW. WSR 08-16-122, § 388-825-102, filed 8/5/08, effective 9/5/08. Statutory Authority: RCW 71A.12.030, 71A.10.020, and 71A.16.040. WSR 04-15-093, § 388-825-102, filed 7/16/04, effective 8/16/04.]



388-825-103
When will I receive written notice of decisions made by DDA?

You will receive written notice from DDA when the following decisions are made:
(1) The denial or termination of eligibility for services under WAC 388-825-057;
(2) Denial or termination of the provider of your choice for any reason listed in WAC 388-825-375 through 388-825-390;
(3) The authorization, denial, reduction, or termination of services or the payment of SSP set forth in chapter 388-827 WAC that are authorized by DDA;
(4) The admission or readmission to, or discharge from a residential habilitation center set forth in WAC 388-825-155; or
(5) Disenrollment from a DDA home and community based services waiver under WAC 388-845-0060, including a disenrollment from a waiver and enrollment in a different waiver.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-103, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-103, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030 and Title 71A RCW. WSR 08-04-072, § 388-825-103, filed 2/4/08, effective 3/6/08. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW. WSR 05-11-015, § 388-825-103, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.10.020, and 71A.16.040. WSR 04-15-093, § 388-825-103, filed 7/16/04, effective 8/16/04.]



388-825-104
What information will the notice include?

The notice from DDA will include:
(1) The decision;
(2) The reason and authority for the decision;
(3) The effective date of the action;
(4) Appeal rights to the decision; and
(5) The name and phone number of a department person you can contact for further information.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-104, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 71A.10.020, and 71A.16.040. WSR 04-15-093, § 388-825-104, filed 7/16/04, effective 8/16/04.]



388-825-105
Am I given any advance notice of termination, reduction, or eligibility for services?

(1) DDA will provide you at least ten-days advance notice, as described in WAC 388-458-0040 (1), (2) and (3), of any action to terminate your eligibility, or terminate or reduce your services.
(2) DDA will provide you at least thirty-days advance notice prior to transferring you from a residential habilitation center to the community under RCW 71A.20.080.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-105, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 71A.20.080, and Title 71A RCW. WSR 06-10-055, § 388-825-105, filed 5/1/06, effective 6/1/06. Statutory Authority: RCW 71A.12.030, 71A.10.020, and 71A.16.040. WSR 04-15-093, § 388-825-105, filed 7/16/04, effective 8/16/04.]



388-825-120
When can I appeal department decisions through an administrative hearing process?

(1) Administrative hearings are governed by the Administrative Procedure Act (chapter 34.05 RCW), RCW 71A.10.050, the rules in this chapter and by chapters 388-02 and 182-526 WAC. If any provision in this chapter conflicts with chapters 388-02 or 182-526 WAC or WAC 388-440-0001(3), the provision in this chapter shall prevail.
(2) A client, former client, or applicant acting on the applicant's own behalf or through an authorized representative has the right to an administrative hearing.
(3) You have the right to an administrative hearing to dispute the following department actions:
(a) Authorization, denial, reduction, or termination of services;
(b) Reduction or termination of a service that was initially approved through an exception to rule;
(c) Authorization, denial, or termination of eligibility;
(d) Authorization, denial, reduction, or termination of payment of SSP authorized by DDA set forth in chapter 388-827 WAC;
(e) Admission or readmission to, or discharge from, a residential habilitation center set forth in WAC 388-825-155;
(f) Refusal to abide by your request that we not send notices to any other person;
(g) Refusal to comply with your request to consult only with you;
(h) A decision to move you to a different type of residential service;
(i) Denial or termination of the provider of your choice or the denial of payment for any reason listed in WAC 388-825-375 through 388-825-395;
(j) An unreasonable delay to act on an application for eligibility or service;
(k) A claim the client, former client, or applicant owes an overpayment debt.
(4) If you are not enrolled in a waiver and your request to be enrolled in a waiver is denied, your appeal rights are limited to those identified in WAC 388-845-4005.
(5) If you are enrolled in a waiver and your request to be enrolled in a different waiver is denied, your appeal rights are limited to those identified in WAC 388-845-4005.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-120, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-120, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-120, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030. WSR 06-19-037, § 388-825-120, filed 9/13/06, effective 10/14/06. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-120, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. WSR 04-02-014, § 388-825-120, filed 12/29/03, effective 1/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. WSR 02-16-014, § 388-825-120, filed 7/25/02, effective 8/25/02; WSR 99-19-104, recodified as § 388-825-120, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.16.020. WSR 91-17-005 (Order 3230), § 275-27-500, filed 8/9/91, effective 9/9/91. Statutory Authority: RCW 34.05.220 (1)(a) and 71.12.030 [71A.12.030]. WSR 90-04-074 (Order 2997), § 275-27-500, filed 2/5/90, effective 3/1/90. Statutory Authority: RCW 71.20.070. WSR 86-18-049 (Order 2418), § 275-27-500, filed 8/29/86. Statutory Authority: RCW 72.33.161. WSR 84-15-038 (Order 2122), § 275-27-500, filed 7/13/84. Statutory Authority: RCW 72.01.090, 72.33.040, 72.33.125 and 72.33.165. WSR 78-04-033 (Order 1280), § 275-27-500, filed 3/16/78; Order 1143, § 275-27-500, filed 8/11/76.]



388-825-125
How do I request an administrative hearing?

(1) Your notice of the department decision will include instructions on how to file a request for an administrative hearing, where to send the request, and the length of time you have to file for a hearing.
(2) Your request may be made orally or in writing.
(3) You may request assistance in requesting an administrative hearing by calling DDA staff as stated in WAC 388-825-135.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-125, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-125, filed 8/19/05, effective 9/19/05.]



388-825-130
How long do I have to file a request for an administrative hearing?

(1) The following rules apply to all situations except a decision to transfer you from a state residential habilitation center (RHC) to the community under RCW 71A.20.080. The rules for administrative hearings regarding the department's decision to transfer you from an RHC to the community are contained in WAC 388-825-155.
(2) You have to request an administrative hearing within ninety days of receipt of the notification of the decision you are disputing.
(3) You must request an administrative hearing within the ten-day notice period, as described in WAC 388-458-0040 (1), (2) and (3), if you wish to maintain current services during the appeal process per WAC 388-825-145.
(4) The notification sent to you will include the date that the ten-day notice period ends.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-130, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 71A.20.080, and Title 71A RCW. WSR 06-10-055, § 388-825-130, filed 5/1/06, effective 6/1/06. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-130, filed 8/19/05, effective 9/19/05.]



388-825-135
What if I need help to request an administrative hearing?

(1) You or someone on your behalf may call the department staff person listed in your notification letter and tell them you want to appeal the decision. The department staff person will notify the office of administrative hearings on your behalf.
(2) An oral request for an administrative hearing is complete if it contains enough information to identify the person making the request, the DDA decision, and the name of the individual affected by the decision.
(3) The effective date of an oral request for an administrative hearing is the date that you or someone on your behalf makes a complete oral request for hearing to any DDA representative in person or by leaving a message on the automated voice mail system of any DDA field office.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-135, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-135, filed 8/19/05, effective 9/19/05.]



388-825-140
Who else can help me appeal a department decision?

Department staff may assist you in requesting an administrative hearing. You may authorize anyone except an employee of the department to represent you at an administrative hearing.
[Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-140, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-140, filed 8/19/05, effective 9/19/05.]



388-825-145
Will my benefits continue if I request an administrative hearing?

(1) If you request an administrative hearing regarding the department's decision to transfer you from a residential habilitation center to the community under RCW 71A.20.080, the rules in WAC 388-825-155 apply.
(2) If you request an administrative hearing regarding the department's decision to reduce or terminate your services, and you request the hearing before the date specified on the notice of the action, and none of the conditions in WAC 388-825-150 applies, the department will not reduce or terminate those services unless and until an administrative law judge issues an initial order or a review judge issues a final order that reduces or terminates those services. This subsection also applies to the department's decision to disenroll you from a DDA home and community based services waiver under WAC 388-845-0060.
(3) The department will take no action until there is a final decision on your appeal of the department's decision to remove or transfer you to another residential service unless one or more of the conditions in WAC 388-825-150 applies.
(4) The department will take no action until there is a final decision on your appeal to terminate your provider of choice unless one or more of the circumstances described in WAC 388-825-150 applies.
(5) After the administrative hearing, you may have to pay back up to sixty days of the continued benefits you get if the administrative hearing decision determines your benefits should be less than the continued benefits you have received.
[Statutory Authority: 42 C.F.R. 431.232(d) and RCW 71A.12.030. WSR 15-15-101, § 388-825-145, filed 7/15/15, effective 8/15/15. Statutory Authority: RCW 71A.12.030 and Title 71A RCW. WSR 08-04-072, § 388-825-145, filed 2/4/08, effective 3/6/08. Statutory Authority: RCW 71A.12.030, 71A.20.080, and Title 71A RCW. WSR 06-10-055, § 388-825-145, filed 5/1/06, effective 6/1/06. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-145, filed 8/19/05, effective 9/19/05.]



388-825-150
When can the department proceed to take action during my appeal?

The department will proceed to take action during your appeal if:
(1) It is an eligibility denial and you are not currently an eligible client.
(2) Your DDA eligibility has expired, per WAC 388-823-0010 and 388-823-1040.
(3) There is no longer funding for the state-only funded service you have been receiving.
(4) Your current services are terminated or transferred in order to comply with state law.
(5) The state-only funded service no longer exists, the medicaid state plan has been amended, or the HCBS waiver agreement with the federal Centers for Medicare and Medicaid has been amended.
(6) The administrative law judge or review judge rules that you have caused unreasonable delay in the proceedings.
(7) You are in imminent jeopardy.
(8) Your provider is no longer qualified to provide services due to:
(a) A lack of a contract;
(b) Decertification;
(c) Failure to complete training or certification requirements;
(d) Revocation or suspension of a license; or
(e) Lack of required registration, certification, or licensure.
(9) If you are under the age of eighteen and your parent or legal representative approves the department's decision.
(10) You did not file your request for an administrative hearing within the ten-day notice period, as described in chapter 388-458 WAC.
(11) You or your legal representative:
(a) Tell us in writing that you do not want continued benefits;
(b) Withdraw your administrative hearing request in writing; or
(c) Do not follow through with the administrative hearing process.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-150, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030 and Title 71A RCW. WSR 07-06-055, § 388-825-150, filed 3/5/07, effective 4/5/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-150, filed 8/19/05, effective 9/19/05.]



388-825-155
What are my appeal rights if I am appealing a decision to transfer me from a state residential habilitation center to the community?

(1) The procedures in RCW 71A.10.050(2) and 71A.20.080 govern the proceeding.
(2) You have thirty days from date that you receive notice to request an administrative hearing appealing the department's decision to transfer you from a residential habilitation center to the community under RCW 71A.20.080.
(3) The department will take no action to transfer you from a state residential habilitation center to the community under RCW 71A.20.080 during the period that an appeal can be requested or while an appeal is pending and undecided unless you or your legal representative consent, or a court order authorizes the transfer, or an administrative law judge or review judge rules that you are not diligently pursuing your appeal.
(4) The burden of proof is on the department.
(5) The burden of proof is whether the proposed placement is in your best interest.
[Statutory Authority: RCW 71A.12.030, 71A.20.080, and Title 71A RCW. WSR 06-10-055, § 388-825-155, filed 5/1/06, effective 6/1/06. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-155, filed 8/19/05, effective 9/19/05.]



388-825-165
Where can I find additional information about the appeal process?

You may find additional information governing the appeal process in chapters 388-02 and 182-526 WAC.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-165, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-165, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-165, filed 8/19/05, effective 9/19/05.]



388-825-168
How do I complain to DDA about my services or treatment?

If you have a complaint about any DDA services or treatment other than actions listed in WAC 388-825-120(3), or you do not want to appeal a DDA action through an administrative hearing but you still wish to express your concerns, follow these steps in this order:
(1) First, contact your case resource manager or social worker by phone, in writing, email, or in person and explain your problem.
(2) If you are not happy with the results from speaking with your case resource manager or social worker, you may ask to speak with their supervisor.
(3) If steps in subsections (1) and (2) of this section do not solve your problem, you should submit your complaint in writing to the regional office.
(4) If you do not reach a solution with the regional office, you can request that your complaint be forwarded to the DDA headquarters in Olympia.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-168, filed 8/18/15, effective 9/18/15.]



388-825-201
What are enhanced respite services?

Enhanced respite services are services designed to enable DDA enrolled children and youth, who meet specific criteria, access to short term respite in a DDA contracted and licensed staffed residential setting.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-201, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-201, filed 11/1/12, effective 12/2/12.]



388-825-206
Who is eligible to receive enhanced respite services?

(1) To be eligible for enhanced respite services, the following conditions must be met at a minimum:
(a) The child has been determined eligible for DDA services per RCW 71A.10.020(3);
(b) The child is at least eight years of age and under age eighteen;
(c) The child is at high risk of institutionalization and/or out-of-home placement; and
(d) The parents/caregivers have demonstrated they have accessed alternative appropriate and available services to meet the unmet need.
(2) The enhanced respite services committee will also consider the following factors when reviewing requests for services:
(a) The child is experiencing school placement disruption and/or a shortened school day due to his/her behavior;
(b) There is a current family emergency;
(c) The child has had behavioral incident(s), which resulted in injury to self or others that required more than first aid;
(d) The child is awake at night, resulting in the child and/or the caregivers receiving less than five hours of uninterrupted sleep per night;
(e) The child is exhibiting behaviors such as aggression with significant injury, elopement, and challenging repetitive behaviors;
(f) The child's behavior acuity level is high per WAC 388-828-5640, the ICF/ID score is eligible per WAC 388-828-4400, and the caregiver's risk score is medium, high, or immediate per WAC 388-828-5300; and/or
(g) The child has assessed needs that exceed the scope of current services and/or is currently not eligible to receive any paid services.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-206, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-206, filed 11/1/12, effective 12/2/12.]



388-825-211
How long am I eligible to receive enhanced respite services?

You may receive enhanced respite services for up to thirty days total in a calendar year.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-211, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 44.04.280, 2011 1st sp.s. c 30 and further amended state law, and chapter 71A.20 RCW. WSR 12-22-037, § 388-825-211, filed 11/1/12, effective 12/2/12.]



388-825-300
What is the purpose of WAC 388-825-300 through 388-825-400?

A client/legal representative may choose a qualified individual, agency, or licensed provider. The intent of WAC 388-825-300 through 388-825-400 is to describe:
(1) Qualifications for individuals and agencies providing DDA services in the client's residence or the provider's residence or other setting; and
(2) Conditions under which the department will pay for the services of an individual provider or a home care agency provider or other provider.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-300, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-300, filed 8/19/05, effective 9/19/05.]



388-825-305
What service providers are governed by the qualifications in these rules?

These rules govern individuals and agencies contracted with to provide one or more of the following:
(1) Respite care services;
(2) Personal care services through the basic plus waiver;
(3) Community first choice services;
(4) Medicaid personal care; or
(5) Attendant care services.
[Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-305, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-305, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-305, filed 8/19/05, effective 9/19/05.]



388-825-310
What are the qualifications for respite care, community first choice, medicaid personal care, and attendant care service providers?

(1) The providers of services in WAC 388-825-305 must meet the qualifications and training requirements in chapter 388-71 WAC.
(2) Individuals and agencies providing state only individual and family services must meet the provider qualifications in chapter 388-832 WAC for the specific service.
(3) Individuals and agencies providing HCBS waiver services must meet the provider qualifications in chapter 388-845 WAC for the specific service. In addition to meeting the provider qualifications in chapter 388-845 WAC, respite care providers must meet requirements in subsection (1) of this section.
[Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-310, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-310, filed 8/19/05, effective 9/19/05.]



388-825-315
What is your responsibility when you hire an individual respite care, attendant care or personal care provider?

You or your legal representative:
(1) Have the primary responsibility for locating, screening, hiring, supervising, and terminating an individual respite care, attendant care or personal care provider;
(2) Establish an employer/employee relationship with the individual provider; and
(3) May receive assistance from the social worker/case manager or other resources in this process.
[Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-315, filed 8/19/05, effective 9/19/05.]



388-825-320
How does a person become an individual provider?

In order to become an individual provider, a person must:
(1) Be eighteen years of age or older.
(2) Provide the social worker/case manager/designee with:
(a) Picture identification; and
(b) A Social Security card.
(3) Complete and submit to the social worker/case manager/designee the department's criminal conviction background inquiry application, unless the provider is also the parent of the adult DDD client and exempted, per chapter 74.15 RCW.
(a) Preliminary results may require a thumbprint for identification purposes.
(b) An FBI fingerprint-based background check is required if the person has lived in the state of Washington less than three years.
(4) Provide references as requested.
(5) Complete orientation, if contracting as an individual provider.
(6) Sign a service provider contract to provide services to a DDD client.
(7) Meet additional requirements in WAC 388-825-355.
[Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-320, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-320, filed 8/19/05, effective 9/19/05.]



388-825-325
What are required skills and abilities for individuals and agencies contracted to provide community first choice services, medicaid personal care, respite care, or attendant care services?

(1) As a provider of community first choice services, medicaid personal care, respite care, or attendant care services, you must be able to:
(a) Adequately maintain records of services performed and payments received;
(b) Read and understand the person's service plan. Translation services may be used if needed;
(c) Be kind and caring to the DSHS client for whom services are authorized;
(d) Identify problem situations and take the necessary action;
(e) Respond to emergencies without direct supervision;
(f) Understand the way your employer wants you to do things and carry out instructions;
(g) Work independently;
(h) Be dependable and responsible;
(i) Know when and how to contact the client's representative and the client's case resource manager;
(j) Participate in any quality assurance reviews required by DSHS;
(2) If you are working with an adult client of DSHS as a provider of attendant care, you must also:
(a) Be knowledgeable about the person's preferences regarding the care provided;
(b) Know the resources in the community the person prefers to use and enable the person to use them;
(c) Know who the person's friends are and enable the person to see those friends; and
(d) Enable the person to keep in touch with his/her family as preferred by the person.
[Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-325, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-325, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-325, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-325, filed 8/19/05, effective 9/19/05.]



388-825-330
What is required for agencies to provide care in the home of a person with developmental disabilities?

(1) Agencies providing community first choice services, medicaid personal care, or respite services must be licensed as a home care agency or a home health agency through the department of health per chapter 246-335 WAC.
(2) If a residential agency certified per chapter 388-101 WAC wants to provide medicaid personal care or respite care in the client's home the agency must have a home care agency or home health license.
(3) If a residential agency certified per chapter 388-101 WAC only wants to provide skills acquisition under the community first choice program the agency must be contracted with the department to provide the service.
[Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-330, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-330, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-330, filed 8/19/05, effective 9/19/05.]



388-825-335
Is a background check required of a long-term care worker employed by a home care agency licensed by the department of health?

(1) In order to be a long-term care worker employed by a home care agency, a person must:
(a) Complete the required DSHS form authorizing a background check.
(b) Disclose any disqualifying criminal convictions and pending charges as listed in chapter 388-113 WAC, and also disclose civil adjudication proceedings and negative actions as those terms are defined in WAC 388-71-0512.
(c) Effective January 8, 2012, be screened through Washington state's name and date of birth background check, (Preliminary results may require a thumb print for identification purposes); and
(d) Effective January 8, 2012, be screened through the Washington state and national fingerprint-based background check, as required by RCW 74.39A.056.
(2) Results of background checks are provided to the department and the employer or potential employer for the purpose of determining whether the person:
(a) Is disqualified based on a disqualifying criminal conviction or a pending charge for a disqualifying crime as listed in WAC 388-113-0020, civil adjudication proceeding, or negative action as defined in WAC 388-71-0512 and listed in WAC 388-71-0540; or
(b) Should or should not be employed based on his or her character, competence, and/or suitability.
(3) For those providers listed in RCW 43.43.837(1), a second national fingerprint-based background check is required if they have lived out of the state of Washington since the first national fingerprint-based background check was completed.
(4) The department may require a long-term care worker to have a Washington state name and date of birth background check or a Washington state and national fingerprint-based background check, or both, at any time.
[Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-335, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-335, filed 8/19/05, effective 9/19/05.]



388-825-340
What is required for a provider to provide respite or residential service in their home?

Unless you are related to the client, respite or residential services must take place in a home licensed by DSHS. Services are limited to those age-specific services contained in your license.
[Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-340, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-340, filed 8/19/05, effective 9/19/05.]



388-825-345
What "related" providers are exempt from licensing?

(1) Relatives of a specified degree are exempt from the licensing requirement and may provide out-of-home respite in their home.
(2) Relatives of specified degree include parents, grandparents, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece or nephew.
[Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-345, filed 8/19/05, effective 9/19/05.]



388-825-355
What are the training requirements for individuals providing respite care, attendant care, community first choice, or personal care services?

The training and certification requirements for individuals who provide personal care or community first choice services are listed in chapter 388-71 WAC.
[Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-825-355, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-355, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-355, filed 8/19/05, effective 9/19/05.]



388-825-360
How does an individual terminate employment as a provider?

State law makes it a crime to abandon a vulnerable adult. "Abandon" means leaving a person without the means or ability to obtain any of the basic necessities of life.
(1) If an individual wishes to "quit" or terminate employment as a provider, the individual must:
(a) Give at least two weeks' notice;
(b) Notify the client or the client's representative in writing; and
(c) Notify the client's case manager.
(2) The individual will be expected to continue working until the termination date unless otherwise determined by DSHS.
[Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-360, filed 8/18/15, effective 9/18/15. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-360, filed 8/19/05, effective 9/19/05.]



388-825-365
Are providers expected to report abuse, neglect, exploitation or financial exploitation?

Providers must report any abuse or suspected abuse immediately to child protective services, adult protective services or local law enforcement and make a follow-up call to the person's case manager.
[Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-365, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-365, filed 8/19/05, effective 9/19/05.]



388-825-370
What are the responsibilities of an individual or home care agency when employed to provide respite care, attendant care, or personal care services to a client?

An individual or home care agency employed to provide respite care, attendant care, or personal care services must:
(1) Understand the client's individual service plan or plan of care that is signed by the client or legal representative and social worker/case manager, and translated or interpreted, as necessary, for the client and the provider;
(2) Provide the services as outlined on the client's service plan, within the scope of practice in WAC 388-71-0215 and 388-71-0230;
(3) Accommodate client's individual preferences and differences in providing care, within the scope of the service plan;
(4) Contact the client's representative and case manager when there are changes which affect the personal care and other tasks listed on the service plan;
(5) Observe the client for change(s) in health, take appropriate action, and respond to emergencies;
(6) Notify the case manager immediately when the client enters a hospital, or moves to another setting;
(7) Notify the case manager immediately if the client dies;
(8) Notify the department immediately when unable to staff/serve the client; and
(9) Notify the department when the individual or home care agency will no longer provide services. Notification to the client/legal guardian must:
(a) Give at least two weeks' notice, and
(b) Be in writing.
(10) Complete and keep accurate time sheets that are accessible to the social worker/case manager; and
(11) Comply with all applicable laws, regulations and contract requirements.
[Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-370, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-370, filed 8/19/05, effective 9/19/05.]



388-825-375
When will the department deny payment for services of an individual or home care agency providing respite care, attendant care, or personal care services?

(1) The department will deny payment for the services of an individual or home care agency providing respite care, attendant care, or personal care who:
(a) Is the client's spouse, per 42 C.F.R. 441.360(g), except in the case of an individual provider for a chore services client. Note: For chore spousal providers, the department pays a rate not to exceed the amount of a one-person standard for a continuing general assistance grant;
(b) Is providing services under this chapter to his or her natural/step/adoptive minor client aged seventeen or younger;
(c) Has been convicted of, or has a pending charge that is a disqualifying crime, under chapter 388-113 WAC;
(d) Has been subject to a negative action described in WAC 388-825-0640;
(e) Does not successfully complete the training requirements within the time limits required in chapter 388-71 WAC; or
(f) Is terminated by the client (in the case of an individual provider) or by the home care agency (in the case of an agency provider).
(2) In addition, the department may deny payment to or terminate the contract of an individual provider as provided under WAC 388-825-380 and 388-825-385.
[Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-375, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 71A.12.030 and 71A.12.040. WSR 10-02-101, § 388-825-375, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-375, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-375, filed 8/19/05, effective 9/19/05.]



388-825-380
When may the department reject the client's choice of an individual respite care, attendant care or personal care provider?

The department may reject a client's request to have a family member or other person serve as his or her individual respite care, attendant care or personal care provider if the case manager has a reasonable, good faith belief that the person will be unable to appropriately meet the client's needs. Examples of circumstances indicating an inability to meet the client's needs could include, without limitation:
(1) Evidence of alcohol or drug abuse;
(2) Evidence of a conviction, pending charge, or negative action described in WAC 388-825-0640.
(3) A reported history of domestic violence, no-contact orders, or criminal conduct (whether or not the conduct is automatically disqualifying under RCW 43.43.830, 43.43.842 or chapter 388-113 WAC);
(4) A report from the client's health care provider or other knowledgeable person that the requested provider lacks the ability or willingness to provide adequate care;
(5) Other employment or responsibilities that prevent or interfere with the provision of required services;
(6) Excessive commuting distance that would make it impractical to provide services as they are needed and outlined in the client's service plan.
[Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-380, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-380, filed 8/19/05, effective 9/19/05.]



388-825-385
When may the department terminate an individual respite care, attendant care, or personal care provider's contract?

The department may take action to terminate an individual respite care, attendant care, or personal care provider's contract if the provider's inadequate performance or inability to deliver quality care is jeopardizing the client's health, safety, or well-being. Examples of circumstances indicating jeopardy to the client could include, without limitation:
(1) Evidence of a conviction, pending charges, or negative actions described in WAC 388-825-0640;
(2) Using or being under the influence of alcohol or illegal drugs during working hours;
(3) Other behavior directed toward the client or other persons involved in the client's life that places the client at risk of harm;
(4) A report from the client's health care provider that the client's health is negatively affected by inadequate care;
(5) A complaint from the client or client's representative that the client is not receiving adequate care;
(6) The absence of essential interventions identified in the service plan, such as medications or medical supplies; and/or
(7) Failure to respond appropriately to emergencies.
(8) The department, AAA or department designee may also terminate an individual provider's contract for reasons described under WAC 388-71-0551.
[Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-385, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-385, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-385, filed 8/19/05, effective 9/19/05.]



388-825-390
When can the department otherwise terminate an individual's contract to provide respite care, attendant care, or personal care?

The department may otherwise terminate the individual's contract to provide respite care, attendant care, or personal care for default or convenience in accordance with the terms of the contract and to the extent that those terms are not inconsistent with these rules.
[Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-390, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-390, filed 8/19/05, effective 9/19/05.]



388-825-395
What are the client's rights if the department denies, terminates, or summarily suspends an individual's contract to provide respite care, attendant care, or personal care?

If the department denies, terminates, or summarily (immediately) suspends the individual's contract to provide respite care, attendant care, or personal care, the client has the right to:
(1) A fair hearing to appeal the decision, per chapter 388-02 WAC and WAC 388-825-120; and
(2) Receive services from another currently contracted individual or home care agency, or other options the client is eligible for, if a contract is summarily suspended.
(3) The hearing rights afforded under this section are those of the client, not the individual provider.
[Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-395, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-395, filed 8/19/05, effective 9/19/05.]



388-825-396
Does the provider of respite care, attendant care, or personal care have a right to a fair hearing?

(1) The hearing rights afforded under WAC 388-825-395(1) are those of the client.
(2) The provider of respite care, attendant care, or personal care services does not have a right to a fair hearing.
[Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. WSR 07-23-062, § 388-825-396, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-396, filed 8/19/05, effective 9/19/05.]



388-825-400
Self-directed care—Who must direct self-directed care?

Self-directed care under chapter 74.39 RCW must be directed by an adult client for whom the health-related tasks are provided. The adult client is responsible to train the individual provider in the health-related tasks which the client self-directs.
[Statutory Authority: RCW 71A.12.030, 71A.12.120. WSR 05-17-135, § 388-825-400, filed 8/19/05, effective 9/19/05.]



388-825-600
What definitions apply to WAC 388-825-600 through 388-825-690 of this chapter?

The following definitions apply to WAC 388-825-600 through 388-825-690 of this chapter:
"Agency" means any agency of the state or any private agency providing services to individuals with developmental disabilities.
"Authorized" or "authorization" means not disqualified by the department to have unsupervised access to children and individuals with a developmental disability. This term applies to persons who are certified or contracted by the department, allowed to receive payments from department funded programs, or who volunteer with department funded programs.
"Background check central unit (BCCU)" means the DSHS program responsible for conducting background checks for DSHS administrations.
"Certification" means department approval of an entity that does not legally need to be licensed indicating that the entity nevertheless meets minimum licensing requirements.
"Civil adjudication proceeding" is a judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34, 26.44 or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.
"Community residential service businesses" include all developmental disabilities administration supported living providers with the exception of supported living providers who are also licensed as an assisted living facility or adult family home. Community residential service providers also include DDA companion homes, DDA alternative living and licensed residential homes for children.
"DDA" means the developmental disabilities administration within the department of social and health services (DSHS).
"Department" means the department of social and health services (DSHS).
"Disqualified" means that the results of an individual's background check disqualifies him or her from a position which will or may involve unsupervised access to individuals with developmental disabilities.
"Entity" means, but is not limited to, a licensed facility, a corporation, a partnership, a sole proprietorship, or a contracted or certified service provider.
"Hire" means engagement by an agency, entity or a hiring individual to perform specific agreed duties as a paid employee, a contract employee, a volunteer, or a student intern.
"Individual provider" has the same meaning as defined in RCW 74.39A.240.
"Individuals with a developmental disability" means individuals who meet eligibility requirements in Title 71A RCW as further defined in chapter 388-823 WAC.
"Long-term care worker" has the same meaning as defined in RCW 74.39A.009.
"Permanent restraining order" means a restraining order/order of protection issued either following a hearing, or by stipulation of the parties. A "permanent" order may be in force for a specific time period (e.g. 1 year), after which it expires.
"Qualified" means an individual can be hired into a position that includes unsupervised access to individuals with developmental disabilities because the results of his or her background check are not disqualifying.
"Temporary restraining order" means restraining order/order of protection that expired without a hearing, was dismissed following an initial hearing, or was dismissed by stipulation of the parties in lieu of an initial hearing."
"Unsupervised" means not in the presence of:
(1) The licensee, another employee or volunteer from the same business or organization as the applicant who has not been disqualified by the background check.
(2) Any relative or guardian of the individual with a developmental disability to whom the applicant has access during the course of his or her employment or involvement with the business or organization (RCW 43.43.080(9)).
"WSP" refers to the Washington state patrol.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, amended and recodified as § 388-825-600, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0600, filed 6/24/14, effective 7/25/14.]



388-825-605
Why are background checks done?

The department requires background checks to be run to help safeguard the health, safety and well-being of individuals with a developmental disability and to comply with the law.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-605, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0605, filed 6/24/14, effective 7/25/14.]



388-825-610
Who must have a Washington state and/or federal background check?

(1) DDA requires background checks on all contracted providers, individual providers, employees of contracted providers, and any other individual who needs to be qualified by DDA to have unsupervised access to individuals with developmental disabilities.
(2) Long-term care workers as defined in chapter 74.39A RCW hired after January 7, 2012 are subject to national fingerprint-based background checks.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-610, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0610, filed 6/24/14, effective 7/25/14.]



388-825-615
What is the process for obtaining a background check?

(1) Long-term care workers, including individual providers, undergoing a background check for initial hire or initial contract, after January 7, 2012, will be screened through a state name and date of birth check and a national fingerprint-based background check; except that long-term care workers in community residential service businesses are subject to background checks as described in subsection (1)(a) and (b) in this section. Parents are not exempt from the long-term care background check requirements.
(a) Prior to January 1, 2016, community residential service businesses as defined above will be screened as follows:
(i) Individuals who have continuously resided in Washington state for the past three consecutive years will be screened through a state name and date of birth background check.
(ii) Individuals who have resided outside of Washington state within the past three years will be screened through a state name and date of birth and a national fingerprint-based background check.
(b) Beginning January 1, 2016, community residential service businesses as defined above will be screened as described in subsection (1) of this section.
(2) For adult family homes refer to chapter 388-76 WAC, Adult family home minimum licensing requirements. For assisted living facilities refer to chapter 388-78A WAC, Assisted living licensing rules.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, amended and recodified as § 388-825-615, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0615, filed 6/24/14, effective 7/25/14.]



388-825-620
Who must have background check renewals?

DDA requires rechecks for all DDA contracted providers and their employees at least every three years or more frequently if required by program rule. Rechecks will be conducted as follows:
(1) Individuals who have continuously resided in Washington State for the past three consecutive years will be screened through a state name and date of birth background check.
(2) Individuals who have lived outside of Washington state within the past three years will be screened through a state name and date of birth check and a national fingerprint-based background check.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-620, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0620, filed 6/24/14, effective 7/25/14.]



388-825-625
What happens if I do not comply with the background check requirement?

The department will deny, suspend or revoke your license, contract, certification, or authorization to care for individuals with a developmental disability, if you or someone working within your program who has unsupervised access does not comply with the department's requirement for a background check.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-625, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0625, filed 6/24/14, effective 7/25/14.]



388-825-630
What does the background check cover?

(1) The department must review criminal convictions and pending charges based on identifying information provided by you. The background check may include but is not limited to the following information sources:
(a) Washington state patrol.
(b) Washington courts.
(c) Department of corrections.
(d) Department of health.
(e) Civil adjudication proceedings.
(f) Applicant's self-disclosure.
(g) Out-of-state law enforcement and court records.
(2) DDA requires fingerprint-based background checks as described in WAC 388-825-615. These background checks include a review of conviction records through the Washington state patrol, the Federal Bureau of Investigation, and the national sex offender registry.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, amended and recodified as § 388-825-630, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0630, filed 6/24/14, effective 7/25/14.]



388-825-635
Who pays for the background check?

DDA pays for background checks, including fingerprint-based background checks, for individuals seeking authorization to provide services to clients of DDA.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-635, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0635, filed 6/24/14, effective 7/25/14.]



388-825-640
What criminal convictions, pending crimes or negative actions will prohibit me from being contracted or authorized to work in a capacity that may involve unsupervised access to individuals with a developmental disability?

(1) Criminal convictions and pending charges that are disqualifying are listed in chapter 388-113 WAC.
(2) The following negative actions will automatically disqualify an individual from having unsupervised access to individuals with a developmental disability:
(a) A final finding of abuse, neglect, financial exploitation or abandonment of a vulnerable adult, unless the finding was made by Adult Protective Services prior to October 2003.
(b) A final finding of abuse or neglect by child protective services, unless the finding was made prior to October 1, 1998.
(c) A court ordered permanent restraining order/order of protection, either active or expired, against the individual that was based upon abuse, neglect, financial exploitation, or mistreatment of a child or vulnerable adult.
(d) Registered sex offender status.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-640, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0640, filed 6/24/14, effective 7/25/14.]



388-825-645
May an individual work in an unsupervised capacity with individuals with developmental disabilities when his or her background check reveals a conviction, pending charge or negative action that is not considered disqualifying per chapter 388-113 WAC or WAC 388-825-640?

An individual with convictions, pending charges or negative actions that are not disqualifying per chapter 388-113 WAC or WAC 388-825-640 may work in an unsupervised capacity with individuals with developmental disabilities only after a character, competence and suitability review has been conducted as required by WAC 388-825-065.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, amended and recodified as § 388-825-645, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0645, filed 6/24/14, effective 7/25/14.]



388-825-650
What does a character, competence and suitability review include?

The contractor, entity, or hiring authority must review an individual's background to determine character, competence and suitability to have unsupervised access to individuals with a developmental disability. In this review, the contractor, entity or hiring authority must consider the following factors:
(1) The amount of time that has passed since you were convicted or were subject to a negative action;
(2) The seriousness of the crime or action that led to the conviction or finding;
(3) The number and types of other convictions in your background;
(4) Your age at the time of conviction;
(5) Documentation indicating you have successfully completed all court-ordered programs and restitution;
(6) Your behavior since the conviction; and
(7) The vulnerability of those that would be under your care.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-650, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0650, filed 6/24/14, effective 7/25/14.]



388-825-655
How will I know if I have been disqualified by the background check?

(1) The department will notify you, and the care provider, the employer, or the licensor if you have been disqualified by the background check. The notice will be in writing and will include any laws and rules that require disqualification.
(2) If the department sends you a notice of disqualification, you will not receive a license, contract, certification, or be authorized to have unsupervised access to individuals with a developmental disability.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-655, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0655, filed 6/24/14, effective 7/25/14.]



388-825-660
May I appeal the department's decision to deny me a contract or authorization based on the results of the background check?

(1) No, prospective volunteers, interns, contractors, or those seeking certification do not have the right to appeal the department's decision to deny authorization for unsupervised access to individuals with a developmental disability.
(2) The employer or prospective employer cannot contest the department's decision on your behalf.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-660, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0660, filed 6/24/14, effective 7/25/14.]



388-825-665
Is the background check information released to my employer or prospective employer?

(1) The department will release the source of the disqualifying crime or negative action and WSP rap sheet to authorized requesters as allowed by state law. The department will follow laws related to the release of criminal history records (chapters 10.97 and 43.43 RCW) and public disclosure (chapter 42.56 RCW) when releasing any information.
(2) National fingerprint-based rap sheets may not be released to third parties outside of DSHS and must be requested directly from BCCU by the applicant/employee.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-665, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0665, filed 6/24/14, effective 7/25/14.]



388-825-670
May I receive a copy of my criminal background check results?

(1) The department will provide you a copy of your criminal background check results if you:
(a) Make the request in writing to the department; and
(b) Offer proof of identity, such as picture identification.
(2) A copy of your WSP criminal background check results may also be obtained from the Washington state patrol (chapter 10.97 RCW).
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-670, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0670, filed 6/24/14, effective 7/25/14.]



388-825-675
What is the purpose of the one hundred twenty-day provisional hire?

The one hundred twenty-day provisional hire allows an employee or contractor to have unsupervised access to individuals with a developmental disability on a provisional basis pending the results of his or her national fingerprint based background check.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-675, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0675, filed 6/24/14, effective 7/25/14.]



388-825-680
Who is responsible for approving the one hundred twenty-day provisional hire?

The agency, entity or hiring individual is responsible for approving individuals for the one hundred twenty-day provisional hire.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-680, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0680, filed 6/24/14, effective 7/25/14.]



388-825-685
When are individuals eligible for the one hundred twenty-day provisional hire?

All DDA service providers working in an unsupervised capacity, including long-term care workers as defined in chapter 74.39A RCW, are eligible for the one hundred twenty-day provisional hire, pending the outcome of the fingerprint-based background check, as long as the worker is not disqualified as a result of the initial name and date of birth background check.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-685, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0685, filed 6/24/14, effective 7/25/14.]



388-825-690
When does the one hundred twenty-day provisional hire begin?

The one hundred twenty-day provisional hire may begin from either:
(1) The date of hire of an individual; or
(2) After completion of a state background check on an individual.
The agency, entity, or hiring individual makes this decision.
[Statutory Authority: RCW 71A.12.030, 74.08.090. WSR 15-09-068, recodified as § 388-825-690, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710. WSR 14-14-029, § 388-825-0690, filed 6/24/14, effective 7/25/14.]