(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;
(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.
(3) Except as allowed
under subsection (2)(m) of this section, you do not have a right to appeal the
department's denial of an exception to rule request.
(4) If you appeal a decision made by the
developmental disabilities administration, your appeal is governed by this
chapter and:
(a) Chapter 34.05 RCW;
(b) Chapter 71A.10 RCW; and
(5) If any
provision in this chapter conflicts with chapters
388-02 or
182-526 WAC or WAC
388-440-0001(3),
the provision in this chapter prevails.
(6) If you receive personal care services
under chapter
388-106 WAC that are authorized by DDA, the appeal provision in
WAC
388-106-1315 applies.
(7) If you are not enrolled in a waiver and
your request to be enrolled in a waiver is denied, your appeal rights are
limited under WAC
388-845-4005.
(8) If you are enrolled in a waiver and your
request to be enrolled in a different waiver is denied, your appeal rights are
limited under WAC
388-845-4005.
Notes
Wash. Admin.
Code §
388-825-120
Amended by
WSR
15-17-094, Filed 8/18/2015, effective
9/18/2015
Amended by
WSR
23-07-130, Filed 3/22/2023, effective
4/22/2023
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, § 388-825-120, filed 11/1/12, effective 12/2/12.
Statutory Authority:
RCW
71A.12.030 and
71A.12.040. 10-02-101, §
388-825-120, filed 1/6/10, effective 2/6/10. Statutory Authority:
RCW
71A.12.030. 06-19-037, § 388-825-120,
filed 9/13/06, effective 10/14/06. Statutory Authority:
RCW
71A.12.030,
71A.12.120. 05-17-135, §
388-825-120, filed 8/19/05, effective 9/19/05. Statutory Authority:
RCW
71A.12.030,
71A.10.020 and 2002 c 371.
04-02-014, § 388-825-120, filed 12/29/03, effective 1/29/04. Statutory
Authority:
RCW
71A.16.010,
71A.16.030,
71A.12.030, chapter 71A.20 RCW,
RCW
72.01.090, and 72.33.125. 02-16-014, §
388-825-120, filed 7/25/02, effective 8/25/02; 99-19-104, recodified as §
388-825-120, filed 9/20/99, effective 9/20/99. Statutory Authority:
RCW
71A.16.020. 91-17-005 (Order 3230), §
275-27-500, filed 8/9/91, effective 9/9/91. Statutory Authority:
RCW
34.05.220(1)(a) and
71.12.030 [71A.12.030]. 90-04-074 (Order 2997), § 275-27-500, filed
2/5/90, effective 3/1/90. Statutory Authority: RCW 71.20.070. 86-18-049 (Order
2418), § 275-27-500, filed 8/29/86. Statutory Authority: RCW 72.33.161.
84-15-038 (Order 2122), § 275-27-500, filed 7/13/84. Statutory Authority:
RCW
72.01.090, 72.33.040, 72.33.125 and
72.33.165. 78-04-033 (Order 1280), § 275-27-500, filed 3/16/78; Order
1143, § 275-27-500, filed 8/11/76.
