PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
(Division of Developmental Disabilities)
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-850-045 in order to revise the county funding formula to comply with state budget appropriations.
Citation of Existing Rules Affected by this Order: Amending WAC 388-850-045.
Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.020.
Other Authority: Chapter 564, Laws of 2009 PV 61st legislature 205 (1)(n), chapter 34.05 RCW.
Adopted under notice filed as WSR 10-08-081 on April 6, 2010.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: June 15, 2010.
Katherine I. Vasquez
Rules Coordinator
4105.5(2) The allocation of funds to counties shall be based on the following criteria:
(a) ((Each county shall receive a base amount of funds. The amount shall be based on the prior biennial allocation,
including any funds from budget provisos from the prior
biennium, and subject to the availability of state and federal
funds;
(b))) The distribution of ((any additional)) funds
provided by the legislature or other sources shall be based on
a distribution formula which best meets the needs of the
population to be served((as follows:
(i) On a basis which)).
(b) The distribution formula takes into consideration
((minimum grant amounts,)) requirements of clients residing in
an ICF/MR or clients on one of the division's Title XIX home
and community-based waivers, ((and the general population of
the county, and)) the number of children eligible for birth to
three services, special education enrollment, the number of
individuals receiving county funded services, the number of
individuals enrolled with the division and the general
population of the county ((as well as the population eligible
for county-funded developmental disabilities services;)).
(((ii) On a basis that takes into consideration the
population numbers of minority groups residing within the
county;
(iii) A biennial adjustment shall be made after these
factors are considered; and
(iv) Counties not receiving any portion of additional
funds pursuant to this formula shall not have their base
allocation reduced due to application of this formula.
(c) Funding appropriated through legislative proviso,
including vendor rate increases, shall be distributed to the
population directed by the legislature utilizing a formula as
directed by the legislature or using a formula specific to
that population or distributed to identified people;
(d))) (c) The ability of the community to provide funds
for the developmental disability program provided in chapter 71A.14 RCW may be considered with any or all of the above.
(3) A county may utilize seven or less percent of the
county's allocated funds for county administrative expenses. A county may utilize more than seven percent for county
administration with approval of the division director. ((A
county electing to provide all services directly, in addition
to county administration, is exempt from this requirement.))
(((4) The department may withhold five or less percent of
allocated funds for new programs, for statewide priority
programs, and for emergency needs.))
[Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW. 05-11-015, § 388-850-045, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. 04-02-014, § 388-850-045, filed 12/29/03, effective 1/29/04. 99-19-104, recodified as § 388-850-045, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.14.040. 92-13-032 (Order 3404), § 275-25-530, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 71A.14.030. 91-17-005 and 91-17-025 (Orders 3230 and 3230A), § 275-25-530, filed 8/9/91 and 8/14/91, effective 9/9/91 and 9/14/91. Statutory Authority: RCW 69.54.040 and 71.24.190. 83-03-011 (Order 1936), § 275-25-530, filed 1/12/83; Order 1142, § 275-25-530, filed 8/12/76.]