Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-01-117.

     Title of Rule and Other Identifying Information: The department is proposing the amendment and adoption of new sections in chapter 388-828 WAC to provide information regarding the process the department will follow in [to] determine the number of hours a person may receive when they are approved for community access services. Division of developmental disabilities (DDD) is proposing the amendment of WAC 388-828-4420 How does DDD determine your percentile rank and standard score for each subscale in the SIS support needs scale?; and DDD is proposing the adoption of four new sections in chapter 388-828 WAC. They are WAC 388-828-4165 How Does DDD determine your total raw score for each subscale in the SIS support needs scale?, 388-828-4440 How does DDD determine your SIS support needs index percentile ranking?, 388-828-9300 What is the DDD community access acuity scale? and 388-828-9310 How does DDD determine the number of hours you may receive each month for community access services?; and amending WAC 388-828-4420 How does DDD determine your percentile rank and standard score for each subscale in the SIS support needs scale?

     Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on September 4, 2012, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than September 5, 2012.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on September 4, 2012.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 21, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these rules is to implement a consistent, statewide process for use in determining the amount of hours individuals may receive when community access services are approved in their individual support plan. The need for these rules is in response to direction from the legislature, in the 2009-2011 operating budget, to develop and implement the use of a consistent, statewide, outcome-based vendor contract. In addition, the Center for Medicare and Medicaid Services has requested that the 2012 home and community based services (HCBS) waiver renewals contain specific information that describes the process the department will follow to determine the number of hours a person may receive when they are approved for community access services.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.040, 74.08.090, 34.05.100.

     Statute Being Implemented: RCW 71A.12.030, 71A.12.040, 34.05.100.

     Rule is necessary because of federal law, [no further information supplied by agency.]

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

     Name of Agency Personnel Responsible for Drafting and Implementation: Branda Matson, P.O. Box 45310, Olympia, WA 98504-5310, (360) 725-3405; and Enforcement: Mark Eliason, P.O. Box 45310, Olympia, WA 98504-5310, (360) 725-3452.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business impact statement is not required as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.

     A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.

July 30, 2012

Katherine I. Vasqeuz

Rules Coordinator

     (2) The raw score for question number 9 in the home living activities subscale (WAC 388-828-4200) "using currently prescribed equipment or treatment" is not included in the total raw score for the home living activities subscale.

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If your raw score for the following SIS subscale is:
Home Living	Community Living	Lifelong Learning	Employment Support	Health and Safety	Social Activities	Then your percentile rank for the SIS subscale is:	And your standard score for the SIS subscale is:
						>99	20
>88	>94					>99	19
87-88	93-94					>99	18
85-86	91-92			>97		99	17
81-84	88-90	>96	>95	92-97	>97	98	16
77-80	84-87	92-96	91-95	86-91	91-97	95	15
73-76	79-83	86-91	85-90	79-85	84-90	91	14
68-72	74-78	79-85	78-84	72-78	76-83	84	13
62-67	69-73	72-78	70-77	65-71	68-75	75	12
55-61	63-68	64-71	61-69	57-64	58-67	63	11
48-54	56-62	55-63	52-60	49-56	48-57	50	10
40-47	49-55	46-54	42-51	42-48	38-47	37	9
32-39	41-48	36-45	32-41	34-41	28-37	25	8
25-31	33-40	27-35	23-31	27-33	19-27	16	7
18-24	25-32	18-26	15-22	20-26	10-18	9	6
11-17	16-24	9-17	7-14	13-19	3-9	5	5
3-10	6-15	<9	<7	7-12	<3	2	4
<3	<6			1-6		1	3
				<1		<1	2
						<1	1

[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, § 388-828-4420, filed 4/23/07, effective 6/1/07.]

     (a) Home living activities in WAC 388-828-4200.

     (b) Community living activities in WAC 388-828-4220.

     (c) Lifelong learning activities in WAC 388-828-4240.

     (d) Employment activities in WAC 388-828-4260.

     (e) Health and safety activities in WAC 388-828-4280.

     (f) Social activities in WAC 388-828-4300.

     (2) Your standard scores for the above scales are added together to determine the sum of the standard scores.

     (3) The supplemental protection and advocacy activities scale, and the exceptional medical and behavioral supports scales are not used in determining your support needs index percentile ranking.

     (4) The sum of the standard scores is converted to your support needs index percentile ranking using the following table:

If the sum of the standard scores is:	Your support needs index percentile is:
≥91	>99
90	99
89	99
88	99
87	98
86	98
85	97
84	97
83	96
82	95
81	95
80	94
79	93
78	92
77	91
76	89
75	87
74	86
73	84
72	82
71	81
70	77
69	75
68	73
67	70
66	68
65	65
64	63
63	58
62	55
61	53
60	50
59	47
58	45
57	39
56	37
55	35
54	32
53	30
52	27
51	25
50	23
49	19
48	18
47	16
46	14
45	13
44	13
43	9
42	8
41	7
40	6
39	5
38	5
37	4
36	3
35	3
34	2
33	2
32	1
31	1
30	1
≤29	<1

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     (2) DDD determines your community access service level based on your SIS support needs index percentile ranking (WAC 388-828-4440) as detailed in the following table:

If your SIS support needs index percentile ranking according to WAC 388-828-4440 is:	Your community access service level is:	The number of hours you may receive for community access services each month is:
0 - 9th percentile	A	Up to 3 hours
10th - 19th percentile	B	Up to 6 hours
20th - 29th percentile	C	Up to 9 hours
30th - 44th percentile	D	Up to 12 hours
45th - 59th percentile	E	Up to 15 hours
60th - 74th percentile	F	Up to 18 hours
75th - 100th percentile	G	Up to 20 hours

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