WSR 19-16-132
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed August 6, 2019, 11:54 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-12-086.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-823-0500 How do I show that I have autism as an eligible condition?
Hearing Location(s): On September 10, 2019, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than September 11, 2019.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., September 10, 2019.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by August 27, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The developmental disabilities administration (DDA) is proposing to amend these rules to expand the list of professionals from whom DDA accepts a diagnosis of autism. The amendments add licensed physicians associated with an autism center, developmental center, or center of excellence, as well as advanced registered nurse practitioners associated with a center of excellence.
Reasons Supporting Proposal: By expanding the list of professionals, these amendments may increase access to DDA services.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Will Nichol, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1510.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. The proposed rules are exempt under RCW
34.05.328 (5)(b)(vii), rules of DSHS relating only to client medical or financial eligibility.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(4) because the rules do not affect small businesses.
Explanation of exemptions: The proposed amendments impose no new or disproportionate costs on small businesses so a small business economic impact statement is not required.
August 5, 2019
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 14-12-046, filed 5/29/14, effective 7/1/14)
WAC 388-823-0500How do I show that I have autism as an eligible condition?
((In order))To be considered for eligibility under the condition of autism you must be age four or older and have a diagnosis by a qualified professional which meets the conditions in subsection (1) or (2) of this section, as well as subsections (3), (4), and (5) of this section:
(1) Autistic disorder 299.00 per the diagnostic and statistical manual of mental disorders, fourth edition, text revision (DSM-IV-TR)((,)); or
(2) Autism spectrum disorder 299.00 per the diagnostic and statistical manual of mental disorders, fifth edition (DSM-5), with a severity level of 2 or 3 in both columns of the severity level scale.
(3) The condition is expected to continue indefinitely with evidence of onset before age three.
(4) An acceptable diagnostic report includes documentation of all diagnostic criteria specified in the DSM-IV-TR or DSM-5.
(5) DDA will accept a diagnosis from any of the following professionals:
(a) Board certified neurologist;
(b) Board certified psychiatrist;
(c) Licensed psychologist;
(d) Advanced registered nurse practitioner (ARNP) associated with an autism center ((or)), developmental center, or center of excellence;
(e) Licensed physician associated with an autism center, developmental center, or center of excellence; or
(((e)))(f) Board certified developmental and behavioral pediatrician.