WSR 15-01-021 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed December 5, 2014, 11:29 a.m., effective January 5, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: These changes make housekeeping updates in WAC 388-823-0015 by correcting a statutory reference, and WAC 388-823-0210 by correcting a WAC reference. These changes do not affect policy or eligibility and were submitted on a CR-105 filed on July 24, 2014, as WSR 14-16-018.
Citation of Existing Rules Affected by this Order: Amending WAC 388-823-0015 and 388-823-0210.
Statutory Authority for Adoption: RCW 74.08.090, 34.05.353 (1)(c).
Other Authority: RCW 74.08.090, 34.05.353 (1)(c).
Adopted under notice filed as WSR 14-16-018 on July 24, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: December 4, 2014.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-12-046, filed 5/29/14, effective 7/1/14)
WAC 388-823-0015 How does the state of Washington define developmental disability?
The state of Washington defines developmental disability in RCW ((71A.10.020(4))) 71A.10.020(5).
(1) To qualify for DDA you must have a diagnosed condition of intellectual disability, cerebral palsy, epilepsy, autism, or another neurological or other condition found by DDA to be closely related to intellectual disability or requiring treatment similar to that required for individuals with intellectual disability which:
(a) Originates prior to age eighteen;
(b) Is expected to continue indefinitely; and
(c) Results in substantial limitations.
(2) In addition to the requirements listed in subsection (1) of this section, you must meet the other requirements contained in this chapter.
AMENDATORY SECTION (Amending WSR 14-12-046, filed 5/29/14, effective 7/1/14)
WAC 388-823-0210 If I have intellectual disability, how do I meet the definition of substantial limitations?
If you have an eligible condition of intellectual disability, in order to meet the definition of substantial limitations you must have:
(1) Documentation of a full-scale intelligence quotient (FSIQ) score of more than two standard deviations below the mean per WAC 388-823-0720, and subject to all of WAC 388-823-0720 and 388-823-0730, and
(2) Documentation of an adaptive skills test score of more than two standard deviations below the mean as described in WAC ((388-823-0710)) 388-823-0740 and subject to all of WAC 388-823-0740 and 388-823-0750.
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