WSR 08-05-121

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed February 19, 2008, 4:37 p.m. , effective February 19, 2008, 4:37 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The division of developmental disabilities is proposing this emergency rule to amend WAC 388-828-5080 to be consistent with the DDD assessment application.

Citation of Existing Rules Affected by this Order: Amending WAC 388-828-5080.

Statutory Authority for Adoption: RCW 71A.12.30 [71A.12.030].

Other Authority: Title 71A RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This emergency rule will amend WAC 388-828-5080 to accurately reflect the protective supervision age-based score adjustment made by the DDD assessment application when determining the protective supervision support level. The DDD assessment application is correctly calculating the protective supervision support level. Without this rule, clients may incorrectly be found eligible or ineligible for services or benefits.

This emergency rule replaces the previous emergency rule filed on October 24, 2007, as WSR 07-21-145.

The department filed a preproposal statement of inquiry (WSR 07-15-081) on July 18, 2007, to make amendments, clarifications and corrections necessary to chapter 388-828 WAC. This rule was formally proposed on February 15, 2008, as WSR 08-05-097.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: February 19, 2008.

Stephanie E. Schiller

Rules Coordinator

3925.1
AMENDATORY SECTION(Amending WSR 07-10-029, filed 4/23/07, effective 6/1/07)

WAC 388-828-5080   How does DDD determine your adjusted protective supervision acuity score?   DDD determines your adjusted protective supervision acuity score by applying the following age-based score adjustments to your level of monitoring score for question number one in WAC 388-828-5060:


If you are: Then your age-based score adjustment is:
18 years or older Score is equal to your level of monitoring score
16-17 years of age Subtract ((1)) 2 from your level of monitoring score
12-15 years of age Subtract ((2)) 3 from your level of monitoring score
8-11 years of age Subtract ((3)) 4 from your level of monitoring score
5-7 years of age Subtract ((4)) 5 from your level of monitoring score
0-4 years of age Subtract ((5)) 6 from your level of monitoring score
If your adjusted level of monitoring score is a negative number, your adjusted protective supervision acuity score is zero.

Example: If you are fifteen years old and "close proximity, (e.g., 1-2 hours, structured)" is identified as your level of monitoring score, your adjusted protective supervision acuity score is: Your close proximity score of four minus age-based score adjustment of ((two)) three. For age twelve through fifteen, this equals an adjusted protective supervision score of ((two)) one.

[Statutory Authority: RCW 71A.12.030 and Title 71A RCW. 07-10-029, 388-828-5080, filed 4/23/07, effective 6/1/07.]

Washington State Code Reviser's Office