(1) A person who is receiving a service under this title or the person's legal representative may request the secretary to authorize a service that is available under this title in place of a service that the person is presently receiving.

     (2) The secretary upon receiving a request for change of service shall consult in the manner provided in RCW 71A.10.070 and within ninety days shall determine whether the following criteria are met:

     (a) The alternative plan proposes a less dependent program than the person is participating in under current service;

     (b) The alternative service is appropriate under the goals and objectives of the person's individual service plan;

     (c) The alternative service is not in violation of applicable state and federal law; and

     (d) The service can reasonably be made available.

     (3) If the requested alternative service meets all of the criteria of subsection (2) of this section, the service shall be authorized as soon as reasonable, but not later than one hundred twenty days after completion of the determination process, unless the secretary determines that:

     (a) The alternative plan is more costly than the current plan;

     (b) Current appropriations are not sufficient to implement the alternative service without reducing services to existing clients; or

     (c) Providing alternative service would take precedence over other priorities for delivery of service.

     (4) The secretary shall give notice as provided in RCW 71A.10.060 of the grant of a request for a change of service. The secretary shall give notice as provided in RCW 71A.10.060 of denial of a request for change of service and of the right to an adjudicative proceeding.

     (5)(a) When the secretary has changed service from a residential habilitation center to a setting other than a residential habilitation center, the secretary shall reauthorize service at the residential habilitation center if the secretary in reevaluating the needs of the person finds that the person needs service in a residential habilitation center.

     (b) A person who has moved from a residential habilitation center that has closed to a community-based setting shall be offered a right to return to a residential habilitation center during the first year following their move to the community.

     (6) If the secretary determines that current appropriations are sufficient to deliver additional services without reducing services to persons who are presently receiving services, the secretary is authorized to give persons notice under RCW 71A.10.060 that they may request the services as new services or as changes of services under this section.

[2011 1st sp.s. c 30 § 9; 1989 c 175 § 142; 1988 c 176 § 603.]

NOTES:

     Findings -- Intent -- Conflict with federal requirements -- 2011 1st sp.s. c 30: See notes following RCW 71A.20.010.

     Effective date -- 1989 c 175: See note following RCW 34.05.010.