WSR 17-01-132

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 20, 2016, 1:37 p.m.]

Subject of Possible Rule Making: The department is proposing to create new sections and amend or repeal existing sections in chapter 388-891 WAC, Vocational rehabilitation services for individuals with disabilities, in order to inform customers about the services the department of vocational rehabilitation (DVR) provides, update customer rights and customer confidentiality, and update the conditions under which DVR provides or pays for services. The department will also create, amend, or repeal other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: 34 Code of Federal Regulations (C.F.R.), Part 361; 34 C.F.R., Part 363; 34 C.F.R., Part 397; RCW 74.29.020(8).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DVR WAC needs to comply with federal VR regulations requiring written policy (WAC) that defines the nature and scope of VR services, the criteria under which each service is provided or paid for, and the reasons for closing a case service record. The state Administrative Procedures [Procedure] Act (chapter 34.05 RCW) requires WAC when a state agency regulates the public or affects the rights or ability of the public to get services from a state agency. DVR is amending, repealing and adding WAC to meet federal and state requirements. WAC revisions are intended to clarify the scope of VR services and the conditions for DVR to provide or pay for them, as well as increase understanding of customer rights and customer confidentiality.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department will consult and coordinate with Washington state federally recognized tribes, United States Department of Education, Rehabilitation Services Administration (RSA), Washington State Rehabilitation Council (WSRC), and Washington State Department of Services for the Blind (DSB). Review and comment will be used for coordinating the rule-making process.

Process for Developing New Rule: DSHS, DVR invites the interested public to review and provide input on draft language of the rules. Draft material and information about how to participate may be obtained from the department representatives listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Michele Mulhern, Policy Manager, (360) 725-3621, email mulheml@dshs.wa.gov; Robert St. Lawrence, Policy and Procedure Specialist, (360) 725-3620, email stlawrn@dshs.wa.gov; Don Kay, Assistant to the Director, (360) 725-3623, email don.kay@dshs.wa.gov; DSHS DVR, 1-800-637-5627, fax (360) 407-3946.

December 20, 2016

Katherine I. Vasquez

Rules Coordinator