March 21, 2023

WACs 388-106-0270 & 388-106-0274

The department is proposing amending sections of two Community First Choice (CFC) rules related to Assistive Technology - WAC 388-106-0270(5) "What services are available under community first choice (CFC)?", and 388-106-0274(1) and (3) "Are there limits to the assistive technology I may receive?". The purpose of the proposed amendments is to provide further clarification to our stakeholders on what is CFC assistive technology, what are examples of CFC assistive technology, what are examples of items that are not covered as CFC assistive technology, and what a treating professional providing a written recommendation should know about the assistive technology item and address related to the individual requesting the assistive technology. The anticipated effects of these proposed amendments are to assist case managers and CFC clients to have a clearer idea of what CFC assistive technology is.

WACs 388-828-1020 & 388-828-1520

The Developmental Disabilities Administration (DDA) is amending these rules to add and revise definitions for the chapter; add options for how an assessment is completed; clarify when and where home visits occur; and require home visits for all clients receiving a paid service. Requiring DDA to conduct a home visit for all clients receiving a paid service will give clients the opportunity to see their case manager in-person when completing an assessment or home visit. Expanding these visits to more clients could result in increased health and safety oversight.

WACs 388-76-10000, 388-76-10004, 388-76-10030, 388-76-10031, 388-76-10032, 388-76-10055, 388-76-10175, 388-76-10191, 388-76-10192, 388-76-10780, 388-76-11050, 388-76-11055, and 388-76-10193

This proposal would update Chapter 388-76 WAC, Adult Family Home Minimum Licensing Requirements, amending the following sections: 388-76-10000 Definitions; (NEW SECTION) WAC 388-76-10004 Exemptions; 388-76-10030, Adult family home capacity; (NEW SECTION) 388-76-10031- License requirements-Seven or eight bed adult family homes – Licensure; (NEW SECTION) 388-76-10032- License Requirements-Seven or eight bed adult family homes – Change of ownership; 388-76-10055 Application – Generally; 388-76-10175 Background checks—Employment—Conditional hire—Pending results of Washington state name and date of birth background check; 388-76-10191 Liability insurance required; 388-76-10192 Liability insurance required — Coverage requirements; 388-76-10780 Toilets and bathing facilities; 388-76-11050 Management agreements—General; 388-76-11055 Management agreements—Adult family home 388-76-10193 Liability insurance required – Professional liability insurance coverage REPEALED. This rule making is necessary to incorporate ESHB 1023, 2020 Regular Session, into the rules. This passed legislation allows certain adult family home providers to increase their capacity from six residents to eight. This rule making is also intended to address challenges that the adult family home industry is facing with complying with the liability insurance requirements in the current rules, and to clarify use, implementation, and enforcement of management agreements. New rules were developed to create a process for adult family home providers to request an exemption to rule. This was requested during the stakeholder meetings.