1. (1) If you are 21 years of age or over, you are eligible to receive services at a residential habilitation center (RHC) if:

   1. (a) You have been determined to meet eligibility criteria as defined in chapter 388-823 WAC;
   2. (b) You choose to receive services in an RHC;
   3. (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

   4. (d) You need the level of care provided at an RHC, which is either:

      1. (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
      2. (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.
2. (2) If you meet (1)(a) through (d) of this section, the service will be offered at an RHC that has capacity to meet your needs.
3. (3) If you are 16 through 20 years of age, and meet (1)(a) through (d) of this section you may not be admitted to receive services at a residential habilitation center unless there are no service options available in the community to appropriately meet your needs. Such admission is limited to the provision of a short-term stay per WAC 388-825-093.
4. (4) If you are under age 16 you are not eligible to receive services at a residential habilitation center.
5. (5) Admission to a nursing facility at an RHC also requires completion of preadmission screening and resident review (PASRR) requirements as described in chapter 388-97 WAC.

6. (6) You have a right to return to Rainier RHC if:

   1. (a) You are a long-term resident which means you are a resident of Rainier ICF/IID on July 27, 2025;
   2. (b) You discharged from Rainier RHC to a community setting;
   3. (c) You meet the eligibility requirements in (1)(a) through (d) of this section; and
   4. (d) You submit a request to return within 365 days after your discharge from Rainier RHC; and
   5. (e) Additional requests to return require the approval of the DSHS secretary or designee based on the recommendation of the Rainier RHC interdisciplinary team.

[Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.16.010, 71A.16.020, 71A.20.010, 71A.20.020, 71A.20.050, 71A.20.080, and 71A.20.090. WSR 26-12-016, s 388-825-091, filed 5/22/26, effective 6/22/26. Statutory Authority: RCW 71A.12.030 and 71A.12.120, 42 C.F.R. 483.440. WSR 19-12-088, § 388-825-091, filed 6/4/19, effective 7/5/19. Statutory Authority: RCW 71A.10.015, 71A.18.020, 71A.12.030, and Title 71A RCW. WSR 15-17-094, § 388-825-091, filed 8/18/15, effective 9/18/15. 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. WSR 12-22-037, § 388-825-091, filed 11/1/12, effective 12/2/12. Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. WSR 08-11-072, § 388-825-091, filed 5/19/08, effective 6/19/08.]