WSR 14-05-071

PROPOSED RULES

[Filed February 18, 2014, 10:33 a.m.]

Preproposal statement of inquiry was filed as WSR 13-22-078.

Title of Rule and Other Identifying Information: Changes to most sections in chapter 388-823 WAC, Division of developmental disabilities intake and determination of developmental disabilities. Following is a complete list of WAC sections to be amended or added through this proposed rule making.

SECTIONS BEING AMENDED: WAC 388-823-0010 Definitions, 388-823-0020 How do I become a client of the division of developmental disabilities?, 388-823-0050 Must I be a resident of the state of Washington?, 388-823-0080 Who determines that I have a developmental disability?, 388-823-0090 How long will it take to complete a determination of my eligibility?, 388-823-0100 What is the effective date that I become an eligible client of DDD?, 388-823-0105 How will DDD notify me of the results of my eligibility determination?, 388-823-0200 What evidence do I need to substantiate "mental retardation" as an eligible condition?, 388-823-0210 If I have mental retardation, how do I meet the definition of substantial limitations in adaptive functioning?, 388-823-0300 What evidence do I need to substantiate "cerebral palsy" as an eligible condition?, 388-823-0310 If I have cerebral palsy, how do I meet the definition of substantial limitations to adaptive functioning?, 388-823-0400 What evidence do I need to substantiate "epilepsy" as an eligible condition?, 388-823-0410 If I have epilepsy, how do I meet the definition of substantial limitations to adaptive functioning?, 388-823-0500 What evidence do I need to substantiate "autism" as an eligible condition?, 388-823-0510 If I have autism, how do I meet the definition of substantial limitations to adaptive functioning?, 388-823-0600 What evidence do I need to substantiate "another neurological condition" as an eligible condition?, 388-823-0610 If I have another neurological condition, how do I meet the definition of substantial limitations to adaptive functioning?, 388-823-0920 What sections of the ICAP does DDD or a designee contracted with DDD complete and score?, 388-823-0930 How does DDD or a designee contracted with DDD administer the ICAP?, 388-823-0940 What happens if DDD or a designee contracted with DDD cannot identify a qualified respondent?, 388-823-1000 Once I become an eligible DDD client, is there a time limit to my eligibility?, 388-823-1005 When does my eligibility as a DDD client expire?, 388-823-1010 When will DDD review my eligibility to determine if I continue to have a developmental disability?, 388-823-1015 What is the definition of "DDD paid services" in WAC 388-823-1010(3)?, 388-823-1020 Can DDD terminate my eligibility if I no longer am a resident of the state of Washington?, 388-823-1030 How will I know that my eligibility is expiring or is due for review?, 388-823-1060 How will DDD notify me of its decision?, 388-823-1070 What are my appeal rights to a department decision that I do not have a developmental disability?, 388-823-1080 If DDD decides that I do not have a developmental disability, how soon can I reapply for another decision?, 388-823-1090 If I am already eligible, how do these new rules affect me?, 388-823-1095 What are my rights as a DDD client? and 388-823-1100 How do I complain to DDD about my services or treatment?; NEW SECTIONS: WAC 388-823-0015 How does the state of Washington define developmental disability?, 388-823-0025 Who can apply for DDA eligibility determination?, 388-823-0055 Who is responsible for obtaining the documentation needed to make my eligibility determination?, 388-823-0075 What if I do not have written evidence that my disability began before my eighteenth birthday?, 388-823-0115 If I am eligible to be a client of DDA, will I receive DDA services?, 388-823-0720 What evidence do I need of my FSIQ?, 388-823-0730 If I have more than one FSIQ score, what criteria will DDA use to select the FSIQ for determining eligibility?, 388-823-0740 What evidence do I need of my adaptive skills limitations?, 388-823-0750 If I have more than one adaptive test score, what criteria will DDA use to select the adaptive test for determining eligibility?, 388-823-0760 What evidence do I need to show my need for direct physical assistance? and 388-823-0770 What evidence do I need of developmental delays?; and SECTIONS BEING REPEALED: WAC 388-823-0030 Will I receive paid services if DDD decides that I have a developmental disability?, 388-823-0040 What is a developmental disability?, 388-823-0060 How do I apply to become a client of DDD?, 388-823-0070 Who can apply for an eligibility determination?, 388-823-0110 Who is responsible for obtaining the documentation needed to make this eligibility determination?, 388-823-0120 Will my diagnosis of a developmental disability qualify me for DDD eligibility?, 388-823-0130 Can I be eligible for DDD if my disability occurs on or after my eighteenth birthday?, 388-823-0140 What if I do not have written evidence that my disability began before my eighteenth birthday?, 388-823-0150 Which rules define a developmental disability if I am a child under the age of six?, 388-823-0160 Which rules define a developmental disability if I am age six through nine?, 388-823-0170 Which rules define a developmental disability if I am age ten or older?, 388-823-0215 What evidence do I need of my FSIQ?, 388-823-0220 If am too intellectually impaired to complete a standardized IQ test, how do I meet the criteria under mental retardation?, 388-823-0230 If I have more than one FSIQ score, what criteria will DDD use to select the FSIQ score for determining eligibility?, 388-823-0320 What evidence do I need of my need for direct physical assistance with activities of daily living?, 388-823-0330 How can I document my need for direct physical assistance?, 388-823-0420 What evidence do I need to substitute adaptive functioning limitations for the eligible conditions of epilepsy, autism and other conditions similar to mental retardation?, 388-823-0515 What evidence do I need to substantiate adaptive functioning limitations for the condition of autism?, 388-823-0615 What evidence do I need to substantiate adaptive functioning limitations for another neurological condition?, 388-823-0700 How do I meet the definition for an "other condition" similar to mental retardation?, 388-823-0710 What evidence do I need to meet the definition of substantial limitations for an "other condition" similar to mental retardation?, 388-823-0800 Which eligible developmental disability conditions apply at what age?, 388-823-0810 If I am a child under age ten, what evidence do I need to meet the definition for an "other condition" similar to mental retardation?, 388-823-0820 If I am a child under age ten with an eligible condition under the medically intensive program, Down syndrome, or a diagnosed condition that is too severe for developmental testing, how do I meet the definition of substantial limitations to adaptive functioning?, 388-823-0830 If I am a child under age ten with an eligible condition based on developmental delays, how do I meet the definition of substantial limitations to adaptive functioning?, 388-823-0840 If I am a child under age ten, how many areas of developmental delays meet the definition of substantial limitations to adaptive functioning?, 388-823-0850 What developmental evaluations or assessments will be acceptable for determining developmental delay?, 388-823-0900 What are the qualifying scores for inventory of client and agency planning broad independence for each age?, 388-823-1040 What happens if I do not reapply for eligibility before my eligibility expiration date?, and 388-823-1050 What happens if I do not respond to a request for information to review my eligibility?

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 April 8, 2014, at 10:00 a.m.

Date of Intended Adoption: Not earlier than April 9, 2014.

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 April 8, 2014.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by March 11, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The primary purposes for these changes are to clarify rules which determine whether an individual meets the requirements for developmental disabilities administration (DDA) eligibility. Overall changes in organization and language have been made to reduce confusion for DDA applicants and DDA clients. Amendments align eligibility requirements for Autism with the Diagnostic and Statistical Manual - Fifth Edition (DSM-5). Furthermore, combining the categories of "another neurological" and "other condition" eliminate confusion between the WAC and RCW language.

Amendments to this chapter may change eligibility requirements for some individuals applying for services from DDA. In addition housekeeping changes will be made such as WAC and RCW references, division of developmental disabilities to DDA, and mental retardation to intellectual disability.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120.

Statute Being Implemented: Chapter 71A.16 RCW, Eligibility for services.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Linda Lunsford, DDA, P.O. Box 45310, Olympia, 98504-5310, (360) 725-3440.

See Reviser's note below.

A copy of the statement may be obtained by contacting Alan McMullen, DDA, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, mcmular@dshs.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. No cost-benefit analysis is required for these proposed changes.

February 13, 2014

Katherine I. Vasquez

Rules Coordinator