Chapter 388-850 WAC

Last Update: 6/23/10

COUNTY PLAN FOR DEVELOPMENTAL DISABILITIES

(Formerly chapter 275-25 WAC)

WAC Sections

388-850-010Definitions.
388-850-015Exemptions.
388-850-020Plan development and submission.
388-850-025Program operation—General provisions.
388-850-030Appeal procedure.
388-850-035Services—Developmental disabilities.
388-850-040Rights—Health and safety assured.
388-850-045What is the formula for distribution of funding to the counties?
388-850-050Client rights—Notification of client.


388-850-010
Definitions.

(1) All terms used in this chapter not defined herein shall have the same meaning as indicated in the act.
(2) "Act" means local funds for community services chapter 71.20 RCW, State services chapter 71A.12 RCW, and Local services chapter 71A.14 RCW as now existing or hereafter amended.
(3) "County" means each county or two or more counties acting jointly.
(4) "Department" means the department of social and health services.
(5) "Exemption" means the department's approval of a written request for an exception to a rule in this chapter.
(6) "Indian" shall mean any:
(a) Person enrolled in or eligible for enrollment in a recognized Indian tribe; any person determined to be or eligible to be found to be an Indian by the secretary of the interior; and any Eskimo, Aleut or other Alaskan native;
(b) Canadian Indian person who is a member of a treaty tribe, Metis community, or other nonstatus Indian community from Canada;
(c) Unenrolled Indian person considered an Indian by a federally or nonfederally recognized Indian tribe or by an urban Indian/Alaska community organization.
(7) "Plan" means the application a county submits to the secretary for review and approval under the act(s); or revision of an existing plan.
(8) "Population" means the most recent estimate of the aggregate number of persons located in the designated county as computed by the office of financial management.
(9) "Secretary" means the secretary of the department or such employee or such unit of the department as the secretary may designate.
[WSR 99-19-104, recodified as § 388-850-010, filed 9/20/99, effective 9/20/99. Statutory Authority: Chapters 70.96A and 34.05 RCW and P.L. 102-234. WSR 93-15-013 (Order 3591), § 275-25-010, filed 7/8/93, effective 8/8/93. Statutory Authority: RCW 71A.14.030. WSR 91-17-005 (Order 3230), § 275-25-010, filed 8/9/91, effective 9/9/91. Statutory Authority: RCW 69.54.040 and 71.24.190. WSR 83-03-011 (Order 1936), § 275-25-010, filed 1/12/83; Order 1142, § 275-25-010, filed 8/12/76. Formerly chapters 275-12, 275-13 and 275-29 WAC.]



388-850-015
Exemptions.

(1) The department may approve an exemption to a specific rule in this chapter as defined under WAC 388-850-010(5) provided an:
(a) Assessment of the exemption request ensures granting the exemption shall not undermine the legislative intent of Title 71A RCW; and
(b) Evaluation of the exemption request shows granting the exemption shall not adversely affect the quality of the services, supervision, health, and safety of department-served persons.
(2) Agencies and individual providers shall retain a copy of each department-approved exemption.
[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, § 388-850-015, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-850-015, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.14.030. WSR 91-17-005 (Order 3230), § 275-25-015, filed 8/9/91, effective 9/9/91.]



388-850-020
Plan development and submission.

(1) All dates in this section refer to the twenty-four-month period prior to the start of the state fiscal biennium.
(2) Before July 1, in the odd year of each biennium, the department shall negotiate with and submit to counties the biennial plan guidelines.
(3) Before July 1, the department shall submit to counties needs assessment data, and before December 31, updated needs assessment data in the odd year of each biennium.
(4) Before April 1, of the even year of each biennium, each county shall submit to the department a written plan for developmental disabilities services for the subsequent state fiscal biennium. The county's written plan shall be in the form and manner prescribed by the department in the written guidelines.
(5) Within sixty days of receipt of the county's written plan, the department shall acknowledge receipt, review the plan, and notify the county of errors and omissions in meeting minimum plan requirements.
(6) Within thirty days after receipt, each county shall submit a response to the department's review when errors and omissions have been identified within the review.
(7) Before December 15 of the even year of each biennium, the department shall announce the amount of funds included in the department's biennial budget request to each county. The department shall announce the actual amount of funds appropriated and available to each county as soon as possible after final passage of the Biennial Appropriations Act.
(8) Each county shall submit to the department a contract proposal within sixty days of the announcement by the department of the actual amount of funds appropriated and available.
(9) The department may modify deadlines for submission of county plans and responses to reviews or contract proposals when, in the department's judgment, the modification enables the county to improve the program or planning process.
(10) The department may authorize the county to continue providing services in accordance with the previous plan and contract, and reimburse at the average level of the previous contract, in order to continue services until the new contract is executed.
[WSR 99-19-104, recodified as § 388-850-020, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.14.030 and 71A.16.020. WSR 92-09-115 (Order 3373), § 275-25-020, filed 4/21/92, effective 5/21/92. Statutory Authority: RCW 69.54.040 and 71.24.190. WSR 83-03-011 (Order 1936), § 275-25-020, filed 1/12/83. Statutory Authority: RCW 69.54.040. WSR 78-08-086 (Order 1322), § 275-25-020, filed 7/28/78; Order 1142, § 275-25-020, filed 8/12/76.]



388-850-025
Program operation—General provisions.

(1) The provisions of this section shall apply to all programs operated under authority of the acts.
(2) The county and all contractors and subcontractors must comply with all applicable law or rule governing the department's approval of payment of funds for the programs. Verification may be in the manner and to the extent requested by the secretary.
(3) State funds shall not be paid to a county for costs of services provided by the county or other person or organization who or which was not licensed, certified, and approved as required by law or by rule whether or not the plan was approved by the secretary.
(4) The secretary may impose such reasonable fiscal and program reporting requirements as the secretary deems necessary for effective program management.
(5) Funding.
(a) The department and county shall negotiate and execute a contract before the department provides reimbursement for services under contract, except as provided under WAC 388-850-020(10).
(b) Payments to counties shall be made on the basis of vouchers submitted to the department for costs incurred under the contract. The department shall specify the form and content of the vouchers.
(c) The secretary may make advance payments to counties, where such payments would facilitate sound program management. The secretary shall withhold advance payments from counties failing to meet the requirements of WAC 388-850-020 until such requirements are met. Any county failing to meet the requirements of WAC 388-850-020 after advance payments have been made shall repay said advance payment within thirty days of notice by the department that the county is not in compliance.
(d) If the department receives evidence a county or subcontractor performing under the contract is:
(i) Not in compliance with applicable state law or rule; or
(ii) Not in substantial compliance with the contract; or
(iii) Unable or unwilling to provide such records or data as the secretary may require, then the secretary may withhold all or part of subsequent monthly disbursement to the county until such time as satisfactory evidence of corrective action is forthcoming. Such withholding or denial of funds shall be subject to appeal under the Administrative Procedure Act (chapter 34.05 RCW).
(6) Subcontracting. A county may subcontract for the performance of any of the services specified in the contract. The county's subcontracts shall include:
(a) A precise and definitive work statement including a description of the services provided;
(b) The subcontractor's specific agreement to abide by the acts and the rules;
(c) Specific authority for the secretary and the state auditor to inspect all records and other material the secretary deems pertinent to the subcontract; and agreements by the subcontractor that such records will be made available for inspection;
(d) Specific authority for the secretary to make periodic inspection of the subcontractor's program or premises in order to evaluate performance under the contract between the department and the county; and
(e) Specific agreement by the subcontractor to provide such program and fiscal data as the secretary may require.
(7) Records: Maintenance. Client records shall be maintained for every client for whom services are provided and shall document:
(a) Client demographic data;
(b) Diagnosis or problem statement;
(c) Treatment or service plan; and
(d) Treatment or services provided including medications prescribed.
(8) Liability.
(a) The promulgation of these rules or anything contained in these rules shall not be construed as affecting the relative status or civil rights or liabilities between:
(i) The county and community agency; or
(ii) Any other person, partnership, corporation, association, or other organization performing services under a contract or required herein and their employees, persons receiving services, or the public.
(b) The use or implied use herein of the word "duty" or "responsibility" or both shall not import or imply liability other than provided for by the statutes or general laws of the state of Washington, to any person for injuries due to negligence predicated upon failure to perform on the part of an applicant, or a board established under the acts, or an agency, or said agency's employees, or persons performing services on said agency's behalf.
(c) Failure to comply with any compulsory rules shall be cause for the department to refuse to provide the county and community agency funds under the contract.
[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, § 388-850-025, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-850-025, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.14.030. WSR 91-17-005 (Order 3230), § 275-25-030, filed 8/9/91, effective 9/9/91. Statutory Authority: RCW 69.54.040 and 71.24.190. WSR 83-03-011 (Order 1936), § 275-25-030, filed 1/12/83; Order 1142, § 275-25-030, filed 8/12/76.]



388-850-030
Appeal procedure.

(1) Any agency making application to participate in a county program operated under authority of the act(s), which is dissatisfied with the disposition of its application, or the community board(s) as defined in the act(s) or the community social services board, which is dissatisfied with any aspect of the plan, may appeal for a hearing before the county governing body. The county governing body shall review the appeal and notify the agency or board of its disposition within thirty days after the appeal has been received.
(2) A county which is dissatisfied with the department's disposition of its plan may request an administrative review.
(3) All requests for administrative reviews shall:
(a) Be made in writing to the appropriate program office within the department;
(b) Specify the date of the decision being appealed;
(c) Specify clearly the issue to be resolved by the review;
(d) Be signed by, and include the address of the county or its representative;
(e) Be made within thirty days of notification of the decision which is being appealed.
(4) An administrative review and redetermination shall be provided by the department within thirty days of the submission of the request for review, with written confirmation of the findings and the reasons for the findings to be forwarded to the county as soon as possible.
(5) Any county dissatisfied with the finding of an administrative review or who chooses not to request an administrative review may initiate proceedings pursuant to the Administrative Procedure Act (chapter 34.05 RCW).
[WSR 99-19-104, recodified as § 388-850-030, filed 9/20/99, effective 9/20/99. Statutory Authority: Chapters 70.96A and 34.05 RCW and P.L. 102-234. WSR 93-15-013 (Order 3591), § 275-25-040, filed 7/8/93, effective 8/8/93; Order 1142, § 275-25-040, filed 8/12/76.]



388-850-035
Services—Developmental disabilities.

(1) A county may purchase and provide services listed under chapter 71A.14 RCW.
(2) The department shall pay a county for department authorized services provided to an eligible developmentally disabled person.
(3) A county may purchase or provide authorized services. Authorized services may include, but are not limited to:
(a) Early childhood intervention services;
(b) Employment services;
(c) Community access services;
(d) Residential services;
(e) Individual evaluation;
(f) Program evaluation;
(g) County planning and administration; and
(h) Consultation and staff development.
[Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW. WSR 05-11-015, § 388-850-035, 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, § 388-850-035, filed 12/29/03, effective 1/29/04. WSR 99-19-104, recodified as § 388-850-035, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.14.030. WSR 91-17-005 (Order 3230), § 275-25-520, filed 8/9/91, effective 9/9/91. Statutory Authority: RCW 71.20.070, 72.33.125 and 72.33.850. WSR 82-06-034 (Order 1771), § 275-25-520, filed 3/1/82. Statutory Authority: RCW 71.20.030, 71.20.050, and 71.20.070. WSR 78-04-002 (Order 1278), § 275-25-520, filed 3/2/78; Order 1142, § 275-25-520, filed 8/12/76.]



388-850-040
Rights—Health and safety assured.

A county, when contracting for specific services, must assure that client rights and client health and safety are protected.
[WSR 99-19-104, recodified as § 388-850-040, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71.20.070, 72.33.125 and 72.33.850. WSR 82-06-034 (Order 1771), § 275-25-527, filed 3/1/82.]



388-850-045
What is the formula for distribution of funding to the counties?

(1) For the purposes of this section, "county" shall mean the legal subdivision of the state, regardless of any agreement with another county to provide developmental disabilities services jointly.
(2) The allocation of funds to counties shall be based on the following criteria:
(a) The distribution of funds provided by the legislature or other sources shall be based on a distribution formula which best meets the needs of the population to be served.
(b) The distribution formula takes into consideration requirements of clients residing in an ICF/MR or clients on one of the division's Title XIX home and community-based waivers, the number of children eligible for birth to three services, special education enrollment, the number of individuals receiving county funded services, the number of individuals enrolled with the division and the general population of the county.
(c) The ability of the community to provide funds for the developmental disability program provided in chapter 71A.14 RCW may be considered with any or all of the above.
(3) A county may utilize seven or less percent of the county's allocated funds for county administrative expenses. A county may utilize more than seven percent for county administration with approval of the division director.
[Statutory Authority: RCW 71A.12.030, 71A.12.020, 2009 c 564 § 205 (1)(n), and chapter 34.05 RCW. WSR 10-13-164, § 388-850-045, filed 6/23/10, effective 7/24/10. Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW. WSR 05-11-015, § 388-850-045, 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, § 388-850-045, filed 12/29/03, effective 1/29/04. WSR 99-19-104, recodified as § 388-850-045, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.14.040. WSR 92-13-032 (Order 3404), § 275-25-530, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 71A.14.030. WSR 91-17-005 and 91-17-025 (Orders 3230 and 3230A), § 275-25-530, filed 8/9/91 and 8/14/91, effective 9/9/91 and 9/14/91. Statutory Authority: RCW 69.54.040 and 71.24.190. WSR 83-03-011 (Order 1936), § 275-25-530, filed 1/12/83; Order 1142, § 275-25-530, filed 8/12/76.]



388-850-050
Client rights—Notification of client.

(1) All agencies providing services under the act shall post a statement of client rights. Such statement shall inform the client of the client's right to:
(a) Be treated with dignity;
(b) Be protected from invasion of privacy;
(c) Have information about him/her treated confidentially;
(d) Actively participate in the development or modification of his/her treatment program;
(e) Be provided treatment in accordance with accepted quality-of-care standards and which is responsive to his/her best interests and particular needs;
(f) Review his/her treatment records with the therapist at least bimonthly: Provided, That information confidential to other individuals shall not be reviewed by the client;
(g) Be fully informed regarding fees to be charged and methods for payment.
(2) Clients shall be informed of their rights pursuant to WAC 388-865-0515 upon admission to inpatient service.
[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, § 388-850-050, filed 7/25/02, effective 8/25/02. WSR 99-19-104, recodified as § 388-850-050, filed 9/20/99, effective 9/20/99; Order 1142, § 275-25-755, filed 8/12/76.]