SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Preproposal statement of inquiry was filed as WSR 02-07-107.
Title of Rule and Other Identifying Information: Adopting new chapter 388-823 WAC, Division of developmental disabilities intake and determination of developmental disabilities; and repealing existing WAC 388-825-030, 388-825-035, and 388-825-040.
Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on April 5, 2005, at 10:00 a.m.
Date of Intended Adoption: Not earlier than April 6, 2005.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail firstname.lastname@example.org, fax (360) 664-6185, by 5 p.m., April 5, 2005.
Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by April 1, 2005, TTY (360) 664-6178 or (360) 664-6097.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these rules is to clarify the entire application and eligibility determination process used by the Division of Developmental Disabilities (DDD). This new chapter:
• Describes how to apply for a determination of a developmental disability;
• Defines the conditions required to be considered a person with a developmental disability, defines how these conditions may meet substantial limitations to adaptive functioning and defines the evidence required to substantiate adaptive functioning limitations;
• Defines how the age of an individual affects the eligibility determination process;
• Describes the inventory for client and agency planning (ICAP);
• Defines the expiration of eligibility, reviews and reapplication; and
• Describes an individual's rights as a client of DDD.
Reasons Supporting Proposal: DDD determined that adopting new rules on the application and eligibility determination process would be more effective and clearer than amending current rules in chapter 388-825 WAC.
Statutory Authority for Adoption: RCW 71A.10.020, 71A.12.030, 71A.12.050, 71A.12.070, 71A.16.020, 71A.16.030, 71A.16.040, and 71A.16.050.
Statute Being Implemented: Chapters 71A.10, 71A.12 and 71A.16 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: Steve Brink, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail email@example.com, phone (360) 725-3416, fax (360) 407-0955; Implementation and Enforcement: Sue Poltl, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail firstname.lastname@example.org, phone (360) 725-3454, fax (360) 407-0955.
No small business economic impact statement has been prepared under chapter 19.85 RCW. DDD has determined that these rules do not affect small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. These rules are exempt from preparing a cost-benefit analysis pursuant to RCW 34.05.328 (5)(b)(vii). These rules relate only to client medical and financial eligibility.
January 24, 2005
Andy Fernando, Manager
Rules and Policies Assistance Unit
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 05-06 issue of the Register.