WSR 17-12-011 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed May 26, 2017, 8:36 a.m., effective June 26, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-845-1610 and 388-845-1615 to remove references to overnight planned respite (OPR), which were mistakenly added to these sections under a previous rule making filed as WSR 16-17-003. OPR is still an available service and is not impacted by these amendments. Other amendments to these rules clarify rule language.
Citation of Existing Rules Affected by this Order: Amending WAC 388-845-1610 and 388-845-1615.
Statutory Authority for Adoption: RCW 71A.12.030.
Adopted under notice filed as WSR 17-08-066 on March 31, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: May 24, 2017.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-17-003, filed 8/4/16, effective 9/4/16)
WAC 388-845-1610 Where ((can)) may respite care be provided?
(1) Respite care ((can)) may be provided in any of the following ((location)) licensed or certified settings that have a respite contract with the developmental disabilities administration (DDA):
(a) ((Individual's home or place of residence;
(b) Relative's home;
(c) Licensed children's foster home;
(d) Licensed, contracted and DDA certified group home;
(e) Licensed assisted living facility contracted as an adult residential center;
(f) Adult residential rehabilitation center;
(g) Licensed and contracted adult family home;
(h) Children's licensed group home, licensed staffed residential home, or licensed child care center;
(i) Other community settings such as camp, senior center, or adult day care center; and
(j) Certified overnight planned respite services home)) Adult family home;
(b) Assisted living facility;
(c) Child care center;
(d) Children's foster home;
(e) Children's group home;
(f) Group home;
(g) Group training home;
(h) Staffed residential home.
(2) Respite care may also be provided in:
(a) The individual's home or place of residence;
(b) The individual's relative's home; and
(c) Other DDA-contracted community settings such as a camp, senior center, and adult day care center.
(((2) Additionally,)) (3) Your respite care provider may take you into the community while providing respite services.
AMENDATORY SECTION (Amending WSR 16-17-003, filed 8/4/16, effective 9/4/16)
WAC 388-845-1615 Who ((are)) may be qualified providers of respite care?
Providers of respite care ((can)) may be any of the following individuals or agencies contracted with ((DDA)) the developmental disabilities administration (DDA) for respite care:
(1) Individuals ((meeting)) who meet the provider qualifications under chapter 388-825 WAC;
(2) Homecare/home health agencies((,)) licensed under chapter 246-335 WAC, Part 1;
(3) Licensed and contracted group homes, foster homes, child placing agencies, staffed residential homes, and foster group care homes;
(4) Licensed and contracted adult family homes;
(5) Licensed and contracted adult residential care facilities;
(6) Licensed and contracted adult residential treatment facilities under chapter 246-337 WAC;
(7) Licensed child care centers under chapter 170-295 WAC;
(8) Licensed child day care centers under chapter 170-295 WAC;
(9) Adult day care providers under chapter 388-71 WAC contracted with DDA;
(10) Certified ((provider)) providers under chapter 388-101 WAC when respite is provided within the DDA contract for certified residential services; or
(11) ((Certified overnight planned respite services providers under chapter 388-829R WAC; or
(12))) Other DDA contracted providers such as a community center, senior center, parks and recreation, and summer programs.
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