WSR 17-12-002 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed May 24, 2017, 12:14 p.m., effective June 24, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-845-0603 Who is eligible to receive community access services?, to clarify the eligibility requirements and the nine month supported employment exceptions for community access services.
Citation of Existing Rules Affected by this Order: Amending WAC 388-845-0603.
Statutory Authority for Adoption: RCW 71A.12.030.
Adopted under notice filed as WSR 17-08-102 on April 5, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: May 24, 2017.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-24-045, filed 11/26/13, effective 1/1/14)
WAC 388-845-0603 Who is eligible to receive community access services?
You are eligible ((to receive)) for community access services ((when)) if you are enrolled in the basic plus or core waivers and ((you meet one of the following conditions below)):
(1) You are ((age)) sixty-two or older; or
(2) You ((are twenty-one or older)) meet age requirements under WAC 388-845-2110(1) and;
(a) You have participated in ((a DDA)) the developmental disabilities administration (DDA's) supported employment ((program)) services for nine consecutive months; or
(((3) You and/or your legal representative request that DDA grant an exception, per chapter 71A.12 RCW, to the requirement that you participate in an employment program for nine months prior to transitioning to a community access service)) (b) DDA has determined that you are exempt from the nine-month DDA supported employment service requirement because:
(((a) You have a)) (i) Your medical or behavioral health records document a condition that ((requires hospitalization or ongoing care by a medical professional and that affects your ability to participate in daily activities to the degree that employment would:)) prevents you from completing nine consecutive months of DDA supported employment services; or
(((i) Result in a significant decline in your ability to function; or))
(ii) ((Seriously endanger your health.
(b))) You ((have been available for employment planning activities and an employment provider has)) were referred to and were available for DDA supported employment services, but the service was not ((provided services)) delivered within ninety days of ((your request for employment services)) the referral.
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