WSR 17-16-151

PREPROPOSAL STATEMENT OF INQUIRY

[Filed August 1, 2017, 2:16 p.m.]

Subject of Possible Rule Making: The department is considering amending WAC 388-823-1095 What are my rights as a DDA client?, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is considering amending WAC 388-823-1095 and other related rules as may be required to update settings-based rights, and to align various WAC sections to a single list of client rights. Under 42 C.F.R. Section 441.301 (c)(4)-(5), the Centers for Medicare and Medicaid Services (CMS) redefined home and community-based settings by the nature and quality of an individual's experiences. All of the developmental disabilities administration's (DDA) 1915(c) medicaid waivers must comply with these settings-based requirements.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Chantelle Diaz, DDA, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 407-1581, fax (360) 407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.

July 31, 2017

Katherine I. Vasquez

Rules Coordinator