WASHINGTON STATE REGISTER

WSR 07-23-063

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed November 16, 2007, 12:27 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-05-037.

Title of Rule and Other Identifying Information: DDD no longer uses the division of developmental disabilities mini-assessment process described in chapter 388-824 WAC after May 31, 2007, and intends to repeal WAC 388-824-0001, 388-824-0010, 388-824-0015, 388-824-0020, 388-824-0025, 388-824-0030, 388-824-0040, 388-824-0050, 388-824-0055, 388-824-0060, 388-824-0065, 388-824-0070, 388-824-0080, 388-824-0090, 388-824-0100, 388-824-0120, 388-824-0140, 388-824-0170, 388-824-0190, 388-824-0210, 388-824-0220, 388-824-0230, 388-824-0240, 388-824-0260, 388-824-0280, 388-824-0290, 388-824-0310, 388-824-0320, and 388-824-0330.

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://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on December 27, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than December 28, 2007.

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 DSHSRULESCOORDINATOR@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on December 27, 2007.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by December 18, 2007, 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: In June 2003, the joint legislative and review committee (JLARC) issued its performance audit of the division and recommended that DSHS develop a standardized assessment process for developmentally disabled clients that is:

• Designed to measure the unique needs of people with developmental disabilities;

• Consistently applied to all clients in all parts of the state; and

• Administered before a determination of service is made.

As part of this new assessment process, the division developed the mini-assessment as a brief assessment to assist the division in making decisions about who is referred for a more detailed assessment. The mini-assessment was designed for interim use until the division completed development on its new comprehensive assessment tool called the DDD assessment.

Reasons Supporting Proposal: On June 1, 2007, DDD adopted chapter 388-828 WAC governing DDD's new "DDD assessment" process in accordance with JLARC's recommendations. These new rules will govern the assessment process for all clients of the division resulting in a consistent assessment process for all clients in all parts of the state, regardless of whether they are receiving a DDD paid service or not. DDD intends to repeal the rules governing the use of the mini-assessment process since DDD is now assessing all clients using the new comprehensive DDD assessment tool.

Statutory Authority for Adoption: Title 71A RCW, RCW 71A.12.030.

Statute Being Implemented: Title 71A RCW, and chapter 518, Laws of 2005.

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 98504, (360) 725-3400; Implementation and Enforcement: Don Clintsman, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3426.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed these rules and determined that no new costs will be imposed on small businesses or nonprofits.

A cost-benefit analysis is not required under RCW 34.05.328. A "significant legislative rule" is a rule other than a procedural or interpretive rule that (a) adopts substantive provisions of law pursuant to delegated legislative authority, the violation of which subjects a violator of such rule to a penalty or sanction; (b) establishes, alters, or revokes any qualification or standard for the issuance, suspension, or revocation of a license or permit; or (c) adopts a new, or makes significant amendments to, a policy or regulatory program.

November 16, 2007

Stephanie E. Schiller

Rules Coordinator

3918.1
REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 388-824-0001 What definitions apply to this chapter?

WAC 388-824-0010 What is the DDD mini-assessment?

WAC 388-824-0015 How do you and/or your respondent(s) obtain information about the mini-assessment?

WAC 388-824-0020 What is the purpose of the mini-assessment?

WAC 388-824-0025 What domains does the mini-assessment evaluate to identify your relative level of need?

WAC 388-824-0030 Does the mini-assessment affect other DDD assessments?

WAC 388-824-0040 Who receives a mini-assessment?

WAC 388-824-0050 Who does not receive a mini-assessment?

WAC 388-824-0055 Who participates in the mini-assessment?

WAC 388-824-0060 How does DDD conduct an initial mini-assessment?

WAC 388-824-0065 When does DDD conduct a reassessment?

WAC 388-824-0070 Does DDD require you to disclose financial information?

WAC 388-824-0080 Is the respondent required to provide verification of my family's annual gross income?

WAC 388-824-0090 Does reporting your family's annual gross income and number of family dependents affect your eligibility for paid services?

WAC 388-824-0100 What does DDD do if the respondent does not provide the requested family income and dependent information?

WAC 388-824-0120 What is the difference between a mini-assessment for adults and a mini-assessment for children?

WAC 388-824-0140 How does the mini-assessment use information that is scored during the mini-assessment interview?

WAC 388-824-0170 What occurs when you are assigned to the "high level of need" group?

WAC 388-824-0190 What occurs when you are assigned to the "moderate level of need" group?

WAC 388-824-0210 What occurs when you are assigned to the "low level of need" group?

WAC 388-824-0220 When will I be reassigned to another level of need group?

WAC 388-824-0230 Does the mini-assessment result in paid services?

WAC 388-824-0240 How do you know the results of your mini-assessment?

WAC 388-824-0260 What is the full assessment referral data base?

WAC 388-824-0280 What information does DDD use in deciding whom to refer for a full assessment?

WAC 388-824-0290 When does DDD remove my name from the full assessment referral data base?

WAC 388-824-0310 When DDD adjusts the mini-assessment algorithm, when does the adjustment become effective?

WAC 388-824-0320 Are there appeal rights to the mini-assessment?

WAC 388-824-0330 If you request a hearing to review the results of your mini-assessment, which mini-assessment does the administrative law judge review in the hearing?

•	Designed to measure the unique needs of people with developmental disabilities;
•	Consistently applied to all clients in all parts of the state; and
•	Administered before a determination of service is made.

WAC 388-824-0001	What definitions apply to this chapter?
WAC 388-824-0010	What is the DDD mini-assessment?
WAC 388-824-0015	How do you and/or your respondent(s) obtain information about the mini-assessment?
WAC 388-824-0020	What is the purpose of the mini-assessment?
WAC 388-824-0025	What domains does the mini-assessment evaluate to identify your relative level of need?
WAC 388-824-0030	Does the mini-assessment affect other DDD assessments?
WAC 388-824-0040	Who receives a mini-assessment?
WAC 388-824-0050	Who does not receive a mini-assessment?
WAC 388-824-0055	Who participates in the mini-assessment?
WAC 388-824-0060	How does DDD conduct an initial mini-assessment?
WAC 388-824-0065	When does DDD conduct a reassessment?
WAC 388-824-0070	Does DDD require you to disclose financial information?
WAC 388-824-0080	Is the respondent required to provide verification of my family's annual gross income?
WAC 388-824-0090	Does reporting your family's annual gross income and number of family dependents affect your eligibility for paid services?
WAC 388-824-0100	What does DDD do if the respondent does not provide the requested family income and dependent information?
WAC 388-824-0120	What is the difference between a mini-assessment for adults and a mini-assessment for children?
WAC 388-824-0140	How does the mini-assessment use information that is scored during the mini-assessment interview?
WAC 388-824-0170	What occurs when you are assigned to the "high level of need" group?
WAC 388-824-0190	What occurs when you are assigned to the "moderate level of need" group?
WAC 388-824-0210	What occurs when you are assigned to the "low level of need" group?
WAC 388-824-0220	When will I be reassigned to another level of need group?
WAC 388-824-0230	Does the mini-assessment result in paid services?
WAC 388-824-0240	How do you know the results of your mini-assessment?
WAC 388-824-0260	What is the full assessment referral data base?
WAC 388-824-0280	What information does DDD use in deciding whom to refer for a full assessment?
WAC 388-824-0290	When does DDD remove my name from the full assessment referral data base?
WAC 388-824-0310	When DDD adjusts the mini-assessment algorithm, when does the adjustment become effective?
WAC 388-824-0320	Are there appeal rights to the mini-assessment?
WAC 388-824-0330	If you request a hearing to review the results of your mini-assessment, which mini-assessment does the administrative law judge review in the hearing?

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