reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-066

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-066, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-067 - What are medicaid state plan services?

Current through Register Vol. 24-14, July 15, 2024
(1) Medicaid state plan services are those
				  services available to people eligible for one of the following medicaid
				  programs:
(a) The alternative benefits plan
				  (ABP) medicaid;
(b) Categorically
				  needy (CN) medicaid;
(c) Medically
				  needy (MN) medicaid; or
(d) Medical
				  care services (MCS) programs (includes capacity-based and aged, blind, and
				  disabled medical care services), as described in WAC
				  182-508-0005.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-068 - What medicaid state plan services can DDA authorize?

Current through Register Vol. 24-14, July 15, 2024
If eligible, DDA may authorize one or more of the following
					 medicaid state plan services:
(1)
				  Community first choice under chapter 388-106 WAC;
(2) Medicaid personal care under chapter
				  388-106 WAC;
(3) Private duty
				  nursing for adults age 18 and older under chapter 388-106 WAC;
(4) Private duty nursing for children under
				  the age of 18 under WAC
				  182-551-3000;
(5) ICF/IID services under chapters 388-835
				  and 388-837 WAC;
(6) Nursing
				  facility services at residential habilitation centers (RHC) under chapter
				  388-97 WAC; or
(7) Preadmission
				  screening and resident review (PASRR).
Statutory Authority:
						RCW
						71A.12.030,
						44.04.280,
						2011 1st sp.s. c
						30 and further amended state law, and chapter
						71A.20 RCW. 12-22-037, § 388-825-068, filed 11/1/12, effective 12/2/12.
						Statutory Authority:
						RCW
						71A.12.030,
						71A.12.040,
						71A.14.030,
						2009 c
						564,
						section
						205 (1)(j), and section 1915(i) of the Social
						Security Act. 10-04-002, § 388-825-068, filed 1/21/10, effective 2/21/10.
						Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-068, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-069

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						71A.12.030,
						44.04.280,
						2011 1st sp.s. c
						30 and further amended state law, and chapter
						71A.20 RCW. 12-22-037, § 388-825-069, filed 11/1/12, effective 12/2/12.
						Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-069, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-071

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-071, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-072 - Where do I find information on DDA's home and community-based services (HCBS), eligibility rules, and definitions?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Home and community-based services (HCBS) waiver eligibility, the scope of
				  services provided by each waiver, the service definitions, service limits, and
				  qualified providers for each service are contained in chapter 388-845
				  WAC.
(2) Services available under
				  the basic plus waiver are found in WAC
				  388-845-0210.
(3) Services available under the core waiver
				  are found in WAC
				  388-845-0215.
(4) Services available under the community
				  protection waiver are found in WAC
				  388-845-0220.
(5) Services available under the children's
				  intensive in-home behavior support waiver are found in WAC
				  388-845-0225.
(6) Services available under the individual
				  and family services waiver are found in WAC
				  388-845-0230.
Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-072, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-073 - What is a "state-only funded" service? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-073, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-074 - Am I eligible for state-only funded services?

Current through Register Vol. 24-14, July 15, 2024
(1) You are eligible to receive available
				  state-only funded services if all of the following conditions apply:
(a) You have a current DDA assessment that
				  identifies your need for the service and the amount of service you will
				  receive.
(b) You meet all
				  eligibility requirements for the specific service.
(c) You are not enrolled in a DDA home and
				  community-based services (HCBS) waiver.
(d) You do not receive SSP as a replacement
				  for the requested service.
(e) The
				  program or service is funded by the legislature.
(f) You are enrolled in medicaid or you have
				  applied and been found ineligible for medicaid in Washington state in the past
				  year.
(g) You have been approved
				  for funding for a state-only funded service in WAC
				  388-825-082.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-079 - If I am not on a DDD HCBS waiver, can I receive services that are available through the DDD HCBS waivers with state-only funding? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-079, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-081 - Can I receive state-only funded services that are not available in a DDA HCBS waiver? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						71A.12.030 and
						71A.12.040. 10-02-101, §
						388-825-081, filed 1/6/10, effective 2/6/10. Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-081, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-082 - What state-only funded services may DDA authorize?

Current through Register Vol. 24-14, July 15, 2024
DDA may authorize state-only funded services as
					 follows:
(1) Adult day care.
(2) Attendant care, which provides respite
				  care or personal care and is limited to persons who:
(a) Are not eligible for other DDA services
				  that meet their needs; and
(b) Were
				  receiving attendant care in March 2004.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-083 - Is there a comprehensive list of waiver and state-only DDA services?

Current through Register Vol. 24-14, July 15, 2024
The following is a list of waiver and state-only services
					 that the developmental disabilities administration (DDA) may authorize:
(1) For medicaid state plan services
				  authorized by DDA, see WAC
				  388-825-068;
(2) The following waiver services may be
				  funded as state-only services:
(a) Basic plus
				  waiver services under WAC
				  388-845-0210;
(b) Children's intensive in-home behavioral
				  support waiver services under WAC
				  388-845-0225;
(c) Community protection waiver services
				  under WAC
				  388-845-0220;
(d) Core waiver services under WAC
				  388-845-0215; and
(e) Individual and family services under WAC
				  388-845-0230; and
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-084 - What are the limits of state-only funded services or programs?

Current through Register Vol. 24-14, July 15, 2024
In addition to any limits for state-only funded services
					 or programs that are contained in the program-specific rules, the following
					 limits apply:
(1) All state-only
				  funded services are limited to available funding; and
(2) Adult day care is available only to a
				  client who is currently receiving the service.
Statutory Authority:
						RCW
						71A.12.030 and
						71A.12.040. 10-02-101, §
						388-825-084, filed 1/6/10, effective 2/6/10. Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-084, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-0871 - What out-of-home residential services does DDA provide?

Current through Register Vol. 24-14, July 15, 2024
DDA provides the following out-of-home residential
					 services that address the special needs of adults and children with
					 developmental disabilities:
(1)
				  Contracted and DDA-certified community based residential services for
				  adults;
(2) Contracted community
				  based services for children; and
(3) Residential habilitation centers (RHC)
				  for a person who requires ICF/ID or nursing facility care.
(a) On a short-term basis for those ages
				  sixteen through twenty; or
(b) On a
				  short or long-term basis if age twenty-one or older.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-088

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						71A.12.030,
						44.04.280,
						2011 1st sp.s. c
						30 and further amended state law, and chapter
						71A.20 RCW. 12-22-037, § 388-825-088, filed 11/1/12, effective 12/2/12.
						Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-088, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-089 - What is a residential habilitation center (RHC)?

Current through Register Vol. 24-14, July 15, 2024
A residential habilitation center (RHC) is a
					 state-operated facility certified to provide ICF/ID services (see chapter
					 388-837 WAC) and/or nursing facility services (chapter 388-97 WAC) for persons
					 who are eligible as specified in WAC
					 388-825-091. RHCs include:
(1) Rainier School in Buckley,
				  Washington;
(2) Fircrest School in
				  Shoreline, Washington;
(3) Yakima
				  Valley School in Selah, Washington; and
(4) Lakeland Village in Medical Lake,
				  Washington.
Statutory Authority:
						RCW
						71A.12.030,
						44.04.280,
						2011 1st sp.s. c
						30 and further amended state law, and chapter
						71A.20 RCW. 12-22-037, § 388-825-089, filed 11/1/12, effective 12/2/12.
						Statutory Authority:
						RCW
						71A.12.030 and
						71A.12.040. 10-02-101, §
						388-825-089, filed 1/6/10, effective 2/6/10. Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-089, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-091 - Am I eligible for residential habil-itation center (RHC) services?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are
				  twenty-one years of age or over, you are eligible to receive residential
				  habilitation center (RHC) services if:
(a)
				  You have been determined to meet DDA eligibility criteria;
(b) You choose to receive services in the
				  RHC;
(c) DDA has determined that
				  you can be supported safely in an RHC environment and will not pose a danger to
				  other residents of the RHC; and
(d)
				  You need the level of care provided at the RHC, which is either:
(i) Nursing facility level of care under WAC
				  388-106-0355
				  for a client admitted to, or seeking admission to, a state-operated nursing
				  facility; or
(ii) Intermediate care
				  facility for individuals with intellectual disabilities (ICF/IID) level of care
				  under WAC
				  388-828-1020
				  for a client admitted to, or seeking admission to, a state-operated
				  ICF/IID.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-093 - Can I receive a short term stay at a residential habilitation center (RHC)?

Current through Register Vol. 24-14, July 15, 2024
If there is capacity at a residential habilitation center
					 (RHC), the vacancies may be available for short term stays.
(1) Short term stays are limited by available
				  vacancies;
(2) Short term stays
				  must be included in your individual support plan;
(3) Short term stays in excess of thirty days
				  in a calendar year require approval by the assistant secretary of the
				  developmental disabilities administration or designee; and
(4) You are sixteen years of age or older. If
				  you are sixteen through twenty years of age your stay will only be for
				  short-term respite or crisis stabilization purposes.
Statutory Authority:
						RCW
						71A.12.030,
						44.04.280,
						2011 1st sp.s. c
						30 and further amended state law, and chapter
						71A.20 RCW. 12-22-037, § 388-825-093, filed 11/1/12, effective 12/2/12.
						Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-093, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-094 - What is the process to receive services in an RHC?

Current through Register Vol. 24-14, July 15, 2024
You may request to receive services in an RHC at any time.
					 RHC admissions are not considered permanent.
(1) Your case/resource manager will update
				  your DDA assessment and gather other information.
(2) Long term admission to an RHC requires
				  approval by the assistant secretary of the developmental disabilities
				  administration or designee.
(3) You
				  must be twenty-one years old or older to be admitted as a long-term
				  resident.
Statutory Authority:
						RCW
						71A.12.030,
						44.04.280,
						2011 1st sp.s. c
						30 and further amended state law, and chapter
						71A.20 RCW. 12-22-037, § 388-825-094, filed 11/1/12, effective 12/2/12.
						Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-094, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-096 - Will I have to pay for the services DDD authorizes for me?

Current through Register Vol. 24-14, July 15, 2024
(1) If you live in
				  your own home, you do not pay toward the cost of your services except chore
				  services. You must pay toward the cost of chore services as described in WAC
				  388-106-0625.
(2) If DDD authorizes you to live in a
				  licensed community residential facility you must pay your room and board costs
				  from your earned and unearned income. You may also be responsible for a portion
				  of the cost of your care.
(a) If you are
				  eligible for and receiving SSI or have SSI related eligibility per WAC
				  388-475-0100(2)(a) or (b), you are not required to pay toward the cost of your
				  care if you are living at home or in a community setting.
(b) If you are enrolled in a DDD HCBS waiver
				  you must pay toward the cost of your services as described in WAC
				  388-515-1510.
(c) If you are not
				  enrolled in a DDD HCBS waiver you must pay toward the cost of your services as
				  described in WAC
				  388-106-0225.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-097 - Are any of my expenses deducted from the income available to pay for my care in a licensed facility?

Current through Register Vol. 24-14, July 15, 2024
After you pay for your room and board costs, some expenses
					 may be deducted from the income available to pay for the cost of your
					 care.
(1) If you have SSI related
				  eligibility the cost of your payee or guardianship service may be deducted as
				  described in chapter 388-79 WAC and WAC
				  182-512-0800(5).
(2) If you are enrolled in a DDA HCBS waiver
				  refer to WAC 182-512-1510 for rules used to determine allowable
				  deductions.
(3) If you are not
				  enrolled in a DDA HCBS waiver refer to WAC
				  388-106-0225 for rules used to
				  determine allowable deductions.
Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-097, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › WHAT SERVICES MAY BE AVAILABLE › Section 388-825-098 - Does DDA provide guardianship services?

Current through Register Vol. 24-14, July 15, 2024
DDA does not provide or pay for the cost of guardianship
					 services. If it appears that you require a guardian to make legal, medical,
					 and/or services decisions and to exercise your appeal rights to department
					 decisions, and there is no other individual able and willing to seek
					 guardianship on your behalf, the administration's field services may request
					 that an assistant attorney general initiate and/or assist in guardianship
					 proceedings.
Statutory Authority:
						RCW
						71A.10.015,
						71A.12.020,
						71A.12.030, and Title 71A RCW.
						08-11-072, § 388-825-098, filed 5/19/08, effective
						6/19/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › NOTIFICATION OF DECISIONS › Section 388-825-100 - How will I be notified of decisions made by DDA?

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever possible, DDA will notify you or
				  your legal representative by phone or in person of the decision and;
(2) If you are under the age of eighteen,
				  written notifications will be mailed to:
(a)
				  Your parent; or
(b) Your legal
				  representative.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › NOTIFICATION OF DECISIONS › Section 388-825-101 - Why does DDA need to send my notices and correspondence to someone else?

Current through Register Vol. 24-14, July 15, 2024
DDA sends your notices and correspondence to someone else
					 to assist you to understand the information and your appeal rights to
					 department decisions.
Statutory Authority: RCW 71.10.060,
						71A.12.030, and Title 71A RCW.
						08-16-122, § 388-825-101, filed 8/5/08, effective 9/5/08. Statutory
						Authority:
						RCW
						71A.12.030,
						71A.10.020, and
						71A.16.040. 04-15-093, §
						388-825-101, filed 7/16/04, effective
						8/16/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › NOTIFICATION OF DECISIONS › Section 388-825-102 - What if I do not want my DDA notices and correspondence sent to anyone else?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are age
				  eighteen or older and do not have a legal guardian, you may request in writing
				  that your DDA notices and correspondence be given only to you.
(2) DDA will review your request and comply
				  with your request unless it determines that you are at risk of losing legal
				  rights.
(3) You have the right to
				  appeal a denial of this request.
Statutory Authority: RCW 71.10.060,
						71A.12.030, and Title 71A RCW.
						08-16-122, § 388-825-102, filed 8/5/08, effective 9/5/08. Statutory
						Authority:
						RCW
						71A.12.030,
						71A.10.020, and
						71A.16.040. 04-15-093, §
						388-825-102, filed 7/16/04, effective
						8/16/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › NOTIFICATION OF DECISIONS › Section 388-825-103 - When will I receive written notice of decisions made by DDA?

Current through Register Vol. 24-14, July 15, 2024
You will receive written notice from DDA when the
					 following decisions are made:
(1) The
				  denial or termination of eligibility for services under WAC
				  388-825-057;
(2) Denial or termination of the provider of
				  your choice for any reason listed in WAC
				  388-825-375 through
				  388-825-390;
(3) The authorization, denial, reduction, or
				  termination of services or the payment of SSP set forth in chapter 388-827 WAC
				  that are authorized by DDA;
(4) The
				  admission or readmission to, or discharge from a residential habilitation
				  center set forth in WAC
				  388-825-155; or
(5) Disenrollment from a DDA home and
				  community based services waiver under WAC
				  388-845-0060, including a
				  disenrollment from a waiver and enrollment in a different waiver.
Statutory Authority:
						RCW
						71A.12.030 and
						71A.12.040. 10-02-101, §
						388-825-103, filed 1/6/10, effective 2/6/10. Statutory Authority:
						RCW
						71A.12.030 and Title 71A RCW. 08-04-072,
						§ 388-825-103, filed 2/4/08, effective 3/6/08. Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120,
						71A.14.040, and Title 71A RCW.
						05-11-015, § 388-825-103, filed 5/9/05, effective 6/9/05. Statutory
						Authority:
						RCW
						71A.12.030,
						71A.10.020, and
						71A.16.040. 04-15-093, §
						388-825-103, filed 7/16/04, effective
						8/16/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › NOTIFICATION OF DECISIONS › Section 388-825-104 - What information will the notice include?

Current through Register Vol. 24-14, July 15, 2024
The notice from DDA will include:
(1) The decision;
(2) The reason and authority for the
				  decision;
(3) The effective date of
				  the action;
(4) Appeal rights to
				  the decision; and
(5) The name and
				  phone number of a department person you can contact for further
				  information.
Statutory Authority:
						RCW
						71A.12.030,
						71A.10.020, and
						71A.16.040. 04-15-093, §
						388-825-104, filed 7/16/04, effective
						8/16/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › NOTIFICATION OF DECISIONS › Section 388-825-105 - Am I given any advance notice of termination reduction or eligibility for services?

Current through Register Vol. 24-14, July 15, 2024
(1) DDA will
				  provide you at least ten-days advance notice, as described in WAC
				  388-458-0040(1), (2) and
				  (3), of any action to terminate your
				  eligibility, or terminate or reduce your services.
(2) DDA will provide you at least thirty-days
				  advance notice prior to transferring you from a residential habilitation center
				  to the community under
				  RCW
				  71A.20.080.
Statutory Authority:
						RCW
						71A.12.030,
						71A.20.080, and Title 71A RCW.
						06-10-055, § 388-825-105, filed 5/1/06, effective 6/1/06. Statutory
						Authority:
						RCW
						71A.12.030,
						71A.10.020, and
						71A.16.040. 04-15-093, §
						388-825-105, filed 7/16/04, effective
						8/16/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-120 - When may I appeal a decision made by the developmental disabilities administration?

Current through Register Vol. 24-14, July 15, 2024
(1) You or
				  your authorized representative may appeal a decision made by DDA if you are an
				  applicant, a client, or a former client.
(2) You have the right to an administrative
				  hearing to dispute the following DDA actions:
(a) Approval, denial, reduction, or
				  termination of services;
(b)
				  Approval, denial, or termination of eligibility;
(c) Approval, denial, reduction, or
				  termination of payment of SSP authorized by DDA set forth in chapter 388-827
				  WAC;
(d) Admission or readmission
				  to, or discharge from, a residential habilitation center set forth in WAC
				  388-825-155;
(e) Refusal to abide by your request that we
				  not send notices to any other person;
(f) Refusal to comply with your request to
				  consult only with you;
(g) Denial
				  of payment to your provider for any reason under WAC
				  388-825-375;
(h) Termination of your provider's contract
				  for any reason under WAC
				  388-825-385 or
				  388-825-390;
(i) An unreasonable delay to act on an
				  application for eligibility or service;
(j) A claim that you owe an overpayment
				  debt;
(k) Action related to the
				  community protection program under WAC
				  388-831-0300;
(l) An exception to rule decision if:
(i) The total number of service hours you are
				  currently receiving includes hours approved as an exception to rule in addition
				  to the number of hours available to you under program rule or DDA assessment;
				  and
(ii) The total number of
				  service hours you are currently receiving is reduced because of a reduction or
				  termination in the number of hours approved as an exception to rule.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-125 - How do I request an administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) Your notice of the department decision
				  will include instructions on how to file a request for an administrative
				  hearing, where to send the request, and the length of time you have to file for
				  a hearing.
(2) Your request may be
				  made orally or in writing.
(3) You
				  may request assistance in requesting an administrative hearing by calling DDA
				  staff as stated in WAC
				  388-825-135.
Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-125, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-130 - How long do I have to file a request for an administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) The following
				  rules apply to all situations except a decision to transfer you from a state
				  residential habilitation center (RHC) to the community under
				  RCW
				  71A.20.080. The rules for administrative
				  hearings regarding the department's decision to transfer you from an RHC to the
				  community are contained in WAC
				  388-825-155.
(2) You have to request an administrative
				  hearing within ninety days of receipt of the notification of the decision you
				  are disputing.
(3) You must request
				  an administrative hearing within the ten-day notice period, as described in WAC
				  388-458-0040(1), (2) and
				  (3), if you wish to maintain current services
				  during the appeal process per WAC
				  388-825-145.
(4) The notification sent to you will include
				  the date that the ten-day notice period ends.
Statutory Authority:
						RCW
						71A.12.030,
						71A.20.080, and Title 71A RCW.
						06-10-055, § 388-825-130, filed 5/1/06, effective 6/1/06. Statutory
						Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-130, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-135 - What if I need help to request an administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) You or someone
				  on your behalf may call the department staff person listed in your notification
				  letter and tell them you want to appeal the decision. The department staff
				  person will notify the office of administrative hearings on your
				  behalf.
(2) An oral request for an
				  administrative hearing is complete if it contains enough information to
				  identify the person making the request, the DDA decision, and the name of the
				  individual affected by the decision.
(3) The effective date of an oral request for
				  an administrative hearing is the date that you or someone on your behalf makes
				  a complete oral request for hearing to any DDA representative in person or by
				  leaving a message on the automated voice mail system of any DDA field
				  office.
Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-135, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-140 - Who else can help me appeal a department decision?

Current through Register Vol. 24-14, July 15, 2024
Department staff may assist you in requesting an
					 administrative hearing. You may authorize anyone except an employee of the
					 department to represent you at an administrative hearing.
Statutory Authority:
						RCW
						71A.12.030 and
						71A.12.040. 10-02-101, §
						388-825-140, filed 1/6/10, effective 2/6/10. Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-140, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-145 - Will my benefits continue if I request an administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) If you request
				  an administrative hearing regarding the department's decision to transfer you
				  from a residential habilitation center to the community under
				  RCW
				  71A.20.080, the rules in WAC
				  388-825-155 apply.
(2) If you request an administrative hearing
				  regarding the department's decision to reduce or terminate your services, and
				  you request the hearing before the date specified on the notice of the action,
				  and none of the conditions in WAC
				  388-825-150 applies, the
				  department will not reduce or terminate those services unless and until an
				  administrative law judge issues an initial order or a review judge issues a
				  final order that reduces or terminates those services. This subsection also
				  applies to the department's decision to disenroll you from a DDA home and
				  community based services waiver under WAC
				  388-845-0060.
(3) The department will take no action until
				  there is a final decision on your appeal of the department's decision to remove
				  or transfer you to another residential service unless one or more of the
				  conditions in WAC
				  388-825-150 applies.
(4) The department will take no action until
				  there is a final decision on your appeal to terminate your provider of choice
				  unless one or more of the circumstances described in WAC
				  388-825-150 applies.
(5) After the administrative hearing, you may
				  have to pay back up to sixty days of the continued benefits you get if the
				  administrative hearing decision determines your benefits should be less than
				  the continued benefits you have received.
Reviser's note:
The unnecessary underscoring
						in the above section occurred in the copy filed by the agency and appears in
						the Register pursuant to the requirements of
						RCW
						34.08.040.
Statutory Authority:
						RCW
						71A.12.030 and Title 71A RCW. 08-04-072,
						§ 388-825-145, filed 2/4/08, effective 3/6/08. Statutory Authority:
						RCW
						71A.12.030,
						71A.20.080, and Title 71A RCW.
						06-10-055, § 388-825-145, filed 5/1/06, effective 6/1/06. Statutory
						Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-145, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-150 - When may the department proceed to take action during my appeal?

Current through Register Vol. 24-14, July 15, 2024
The department will proceed to take action during your
					 appeal if:
(1) It is an eligibility
				  denial and you are not currently an eligible client.
(2) Your DDA eligibility under chapter
				  388-823 WAC has expired.
(3) There
				  is no longer funding for the state-only funded service you have been
				  receiving.
(4) Your current
				  services are terminated or transferred to comply with state law.
(5) The state-only funded service no longer
				  exists, or the medicaid state plan, the HCBS waiver, or any other agreement
				  with the federal Centers for Medicare and Medicaid Services has been amended or
				  terminated.
(6) The administrative
				  law judge or review judge rules that you have caused unreasonable delay in the
				  proceedings.
(7) Your health,
				  safety, or wellbeing is in imminent jeopardy.
(8) Your provider is no longer qualified to
				  provide services due to:
(a) A lack of a
				  contract;
(b)
				  Decertification;
(c) Failure to
				  complete training or certification requirements;
(d) Revocation or suspension of a license;
				  or
(e) Lack of required
				  registration, certification, or licensure.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-155 - What are my appeal rights if I am appealing a decision to transfer me from a state residential habilitation center to the community?

Current through Register Vol. 24-14, July 15, 2024
(1) The procedures
				  in RCW
				  71A.10.050(2) and
				  71A.20.080 govern the
				  proceeding.
(2) You have thirty
				  days from date that you receive notice to request an administrative hearing
				  appealing the department's decision to transfer you from a residential
				  habilitation center to the community under
				  RCW
				  71A.20.080.
(3) The department will take no action to
				  transfer you from a state residential habilitation center to the community
				  under RCW 71A.20.080 during the period
				  that an appeal can be requested or while an appeal is pending and undecided
				  unless you or your legal representative consent, or a court order authorizes
				  the transfer, or an administrative law judge or review judge rules that you are
				  not diligently pursuing your appeal.
(4) The burden of proof is on the
				  department.
(5) The burden of proof
				  is whether the proposed placement is in your best interest.
Statutory Authority:
						RCW
						71A.12.030,
						71A.20.080, and Title 71A RCW.
						06-10-055, § 388-825-155, filed 5/1/06, effective 6/1/06. Statutory
						Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-155, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-165 - Where can I find additional information about the appeal process?

Current through Register Vol. 24-14, July 15, 2024
You may find additional information governing the appeal
					 process in chapters 388-02 and 182-526 WAC.
Statutory Authority:
						RCW
						71A.12.030 and
						71A.12.040. 10-02-101, §
						388-825-165, filed 1/6/10, effective 2/6/10. Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-165, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-168 - How do I complain to DDA about my services or treatment?

Current through Register Vol. 24-14, July 15, 2024
If you have a complaint about any DDA services or
					 treatment other than actions listed in WAC
					 388-825-120(3),
					 or you do not want to appeal a DDA action through an administrative hearing but
					 you still wish to express your concerns, follow these steps in this
					 order:
(1) First, contact your case
				  resource manager or social worker by phone, in writing, e-mail, or in person
				  and explain your problem.
(2) If
				  you are not happy with the results from speaking with your case resource
				  manager or social worker, you may ask to speak with their supervisor.
(3) If steps in subsections (1) and (2) of
				  this section do not solve your problem, you should submit your complaint in
				  writing to the regional office.
(4)
				  If you do not reach a solution with the regional office, you can request that
				  your complaint be forwarded to the DDA headquarters in Olympia.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-201 - What is the purpose of enhanced respite services?

Current through Register Vol. 24-14, July 15, 2024
Enhanced respite services are services designed to enable
					 DDA enrolled children and youth, who meet specific criteria, access to short
					 term respite in a DDA contracted and licensed staffed residential
					 setting.
Statutory Authority:
						RCW
						71A.12.030,
						44.04.280,
						2011 1st sp.s. c
						30 and further amended state law, and chapter
						71A.20 RCW. 12-22-037, § 388-825-201, filed 11/1/12, effective
						12/2/12.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-206 - Who is eligible to receive enhanced respite services?

Current through Register Vol. 24-14, July 15, 2024
(1) To be eligible
				  for enhanced respite services, the following conditions must be met at a
				  minimum:
(a) The child has been determined
				  eligible for DDA services per
				  RCW
				  71A.10.020(3);
(b) The child is at least eight years of age
				  and under age eighteen;
(c) The
				  child is at high risk of institutionalization and/or out-of-home placement;
				  and
(d) The parents/caregivers have
				  demonstrated they have accessed alternative appropriate and available services
				  to meet the unmet need.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › ADMINISTRATIVE HEARINGS › Section 388-825-211 - How long am I eligible to receive enhanced respite services?

Current through Register Vol. 24-14, July 15, 2024
You may receive enhanced respite services for up to thirty
					 days total in a calendar year.
Statutory Authority:
						RCW
						71A.12.030,
						44.04.280,
						2011 1st sp.s. c
						30 and further amended state law, and chapter
						71A.20 RCW. 12-22-037, § 388-825-211, filed 11/1/12, effective
						12/2/12.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-300 - What is the purpose of WAC 388-825-300 through 388-825-400?

Current through Register Vol. 24-14, July 15, 2024
A client or client's legal representative may choose a
					 qualified individual, agency, or licensed provider.
The intent of WAC
					 388-825-300 through
					 388-825-400 is to
					 describe:
(1) Qualifications for
				  individual providers and home care agencies; and
(2) Conditions under which DDA will pay for
				  the services of an individual provider or a home care agency
				  provider.
Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-300, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-305 - Who is governed by WAC 388-825-305 through 388-825-400?

Current through Register Vol. 24-14, July 15, 2024
WAC
					 388-825-305 through
					 388-825-400 govern individual
					 providers and home care agencies who provide one or more of the
					 following:
(1) Community first choice
				  services;
(2) Medicaid personal
				  care; or
(3) Respite care
				  services.
Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title
						71A RCW. 07-23-062, § 388-825-305, filed 11/16/07, effective 12/17/07.
						Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-305, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-310 - What are the provider qualifications, responsibilities, and training requirements for a home care agency provider?

Current through Register Vol. 24-14, July 15, 2024
(1) A home care agency provider must meet the
				  provider qualifications, responsibilities, and training requirements under
				  chapter 388-71 WAC.
(2) Individual
				  providers must meet the provider qualifications, responsibilities, and training
				  requirements under chapter 388-115 WAC.
Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-310, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-315 - What is your responsibility when you hire an individual provider?

Current through Register Vol. 24-14, July 15, 2024
If you hire an individual provider, you or your legal
					 representative must manage the individual provider according to chapter 388-115
					 WAC.
Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-315, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-320 - How does a person become an individual provider?

Current through Register Vol. 24-14, July 15, 2024
In order to become an individual provider, a person
					 must:
(1) Be eighteen years of age or
				  older.
(2) Provide the social
				  worker/case manager/designee with:
(a) Picture
				  identification; and
(b) A Social
				  Security card.