Wash. Admin. Code § 388-829A-300

Current through Register Vol. 24-12, June 15, 2024
Section 388-829A-300 - When must DDA deny the client's choice of an alternative living provider?

DDA must deny a client's request to have a certain provider and must not enter into a contract with the person when any of the following exist:

(1) The person is the client's spouse, as required by 42 C.F.R. 441.360(g);
(2) The person is the client's natural/step/adoptive parent;
(3) The person is the client's court-appointed legal repre-sentative; or
(4) DDA has a reasonable, good faith belief that the provider will be unable to meet the client's needs. Examples of a provider's inability to meet the client's needs may include:
(a) Evidence of alcohol or drug abuse;
(b) A reported history of domestic violence, no-contact orders, or criminal conduct (whether or not the conduct is disqualifying under chapter 388-113 WAC;
(c) A report from the client's health care provider or another knowledgeable person that the requested provider lacks the ability or willingness to provide adequate support;
(d) Other employment or responsibilities that prevent or interfere with the provision of required services;
(e) A reported history of mismanagement of client funds or DSHS contract violations; or
(f) Excessive commuting distance that would make it impractical to provide services as they are needed and outlined in the client's ISP.

Wash. Admin. Code § 388-829A-300

Amended by WSR 14-14-029, Filed 6/24/2014, effective 7/25/2014

Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. 07-16-101, § 388-829A-300, filed 7/31/07, effective 9/1/07.

Reviser's note: The typographical error 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.