WSR 09-04-064

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed February 2, 2009, 4:23 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-17-096.

Title of Rule and Other Identifying Information: The department is amending chapter 388-823 WAC, Division of developmental disabilities intake and determination of developmental disabilities, amending WAC 388-823-0010, 388-823-0040, 388-823-0140, 388-823-0150, 388-823-0160, 388-823-0170, 388-823-0200, 388-823-0210, 388-823-0310, 388-823-0410, 388-823-0420, 388-823-0510, 388-823-0515, 388-823-0600, 388-823-0610, 388-823-0615, 388-823-0800, 388-823-0810, 388-823-0820, 388-823-0830, 388-823-0840 and 388-823-1010; and repealing WAC 388-823-0700 and 388-823-0710.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on March 24, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than March 25, 2009.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on March 24, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by March 10, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments combine the eligibility rules for "another neurological condition" with "other condition closely related to mental retardation or that requires treatment similar to that required for individuals with mental retardation." The phrase "adaptive functioning" has been replaced with "functional limitations" throughout the chapter. The adaptive behavior assessment system-second edition (ABAS-II) has been added as an acceptable assessment used to demonstrate certain developmental disabilities. Minor grammatical revisions have been incorporated.

Reasons Supporting Proposal: The department is defining the eligibility rules to conform to RCW 71A.10.020(3).

Statutory Authority for Adoption: RCW 71A.12.030, 71A.10.020(3).

Statute Being Implemented: Title 71A RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Debbie Roberts, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail roberdx@dshs.wa.gov, (360) 725-3400, fax (360) 404-0955; Implementation: Linda Lunsford, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail LunsfLL@dshs.wa.gov, (360) 725-3440, fax (360) 404-0955; and Enforcement: Don Clintsman, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail clintdl@dshs.wa.gov, (360) 725-3421, fax (360) 404-0955.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The division of developmental disabilities has analyzed the rule amendments and has concluded that small businesses and small nonprofits are not significantly affected by these rules and that no jobs will be created or lost due to the implementation of these rules. Therefore, a small business economic impact statement is not required.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Debbie Roberts, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, phone (360) 725-3400, fax (360) 404-0955, e-mail roberdx@dshs.wa.gov.

January 28, 2009

Stephanie E. Schiller

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 09-05 issue of the Register.

Washington State Code Reviser's Office