WSR 21-20-136
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed October 6, 2021, 10:43 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 21-17-045.
Title of Rule and Other Identifying Information: WAC 388-823-0500 How do I show that I have autism as an eligible condition?, and 388-823-0720 What evidence do I need of my FSIQ?
Hearing Location(s): On November 9, 2021, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington [Street S.E.], Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2. Hearing will be held virtually. Due to the COVID-19 pandemic, hearings are being held virtually. Please see the DSHS website for the most current information.
Date of Intended Adoption: Not earlier than November 10, 2021.
Submit Written Comments to: DSHS Rules Coordinator, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6158, by 5:00 p.m. on November 9, 2021.
Assistance for Persons with Disabilities: Contact Shelley Tencza, phone 360-664-6100, fax 360-664-6185, email shelley.tencza@dshs.wa.gov, by 5:00 p.m. on October 26, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments to WAC 388-823-0500 establish criteria for an acceptable diagnostic report. Amendments to WAC 388-823-0720 replace the Woodcock-Johnson Test of Achievement with the Woodcock-Johnson Test of Cognitive Abilities.
Reasons Supporting Proposal: These changes are necessary to correct errors recently adopted under WSR 21-13-164. Specifically, subsection (2) was erroneously left off WAC 388-823-0500, and "test of achievement" in WAC 388-823-0720 should have been "test of cognitive abilities."
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, developmental disabilities administration, governmental.
Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1575; Implementation and Enforcement: Will Nichol, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1583.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is required under RCW
34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, fax 360-407-0955, TTY 1-800-833-6388, email
Chantelle.Diaz@dshs.wa.gov.
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, they relate to determining client eligibility for services.
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
October 5, 2021
Katherine I. Vasquez
Rules Coordinator
SHS-4880.2
AMENDATORY SECTION(Amending WSR 21-13-164, filed 6/23/21, effective 8/1/21)
WAC 388-823-0500How do I show that I have autism as an eligible condition?
(1) To be considered for eligibility under the condition of autism:
(a) You must be age four or older;
(b) You must have been diagnosed with:
(i) Autism spectrum disorder 299.00 under the diagnostic and statistical manual of mental disorders, fifth edition (DSM-5); or
(ii) Autistic disorder 299.00 under the diagnostic and statistical manual of mental disorders, fourth edition, text revision (DSM-IV-TR) before February 1, 2022;
(c) You must have been diagnosed by:
(i) A board-certified neurologist;
(ii) A board-certified psychiatrist;
(iii) A licensed psychologist;
(iv) An advanced registered nurse practitioner (ARNP) associated with an autism center, developmental center, or center of excellence;
(v) A licensed physician associated with an autism center, developmental center, or center of excellence; or
(vi) A board certified developmental and behavioral pediatrician.
(d) The condition must be expected to continue indefinitely; and
(e) You must provide evidence of onset before age five.
(2) An acceptable diagnostic report includes documentation of diagnostic criteria specified in:
(a) The DSM-5; or
(b) DSM-IV-TR for a diagnostic report dated before February 1, 2022.
AMENDATORY SECTION(Amending WSR 21-13-164, filed 6/23/21, effective 8/1/21)
WAC 388-823-0720What evidence do I need of my FSIQ?
Evidence of a qualifying FSIQ is derived from one of the tests listed in the table below.
Assessment | Qualifying score at more than 2 standard deviations | Qualifying score at more than 1.5 standard deviations | Qualifying score at more than 1 standard deviation |
Stanford-Binet 4th edition or earlier editions | 67 or less | 75 or less | 83 or less |
Stanford-Binet 5th edition | 69 or less | 77 or less | 84 or less |
Wechsler intelligence scales (Wechsler) | 69 or less | 77 or less | 84 or less |
Differential abilities scale (DAS) | 69 or less | 77 or less | 84 or less |
Kaufman assessment battery for children (K-ABC) | 69 or less | 77 or less | 84 or less |
Das-Naglieri cognitive assessment system (CAS) | 69 or less | 77 or less | 84 or less |
Woodcock-Johnson-Test of ((achievement))cognitive abilities III, III-R, or IV | 69 or less | 77 or less | 84 or less |
Reynolds intellectual assessment scales, 2nd edition (RIAS 2) | 69 or less | 77 or less | 84 or less |
(1) The test must be administered by a licensed psychologist or Washington certified school psychologist or other school psychologist certified by the National Association of School Psychologists.
(2) The FSIQ score cannot be attributable to mental illness or other psychiatric condition occurring at any age; or other illness or injury occurring after age eighteen:
(a) If you are dually diagnosed with a qualifying condition and mental illness, other psychiatric condition, or other illness or injury, you must provide acceptable documentation that your intellectual impairment, measured by a FSIQ test, would meet the requirements for DDA eligibility without the influence of the mental illness, other psychiatric condition, or other illness or injury.
(b) "Acceptable documentation" means written reports or statements that are directly related to the subject at issue, reasonable in light of all the evidence, and from a source of appropriate authority. The determination of whether a document is acceptable is made by DDA.
(c) If no documentation is provided or DDA determines that the documentation is not acceptable DDA will deny eligibility. The determination may be challenged through an administrative appeal.
(3) If you have a vision impairment that prevents completion of the performance portion of the IQ test, the administering professional may estimate an FSIQ using only the verbal IQ score of the appropriate Wechsler.
(4) If you have a significant hearing impairment, English is not your primary language, or you are nonverbal your FSIQ may be estimated using one of the tests shown in the table below.
Assessment | Qualifying score at more than 2 standard deviations | Qualifying score at 1.5 or more standard deviations | Qualifying score more than 1 standard deviation |
Wechsler intelligence scales (WISC, WAIS, WNV) | 69 or less on the performance scale, or, on both the perceptual reasoning index and processing speed index | 77 or less on the performance scale, or, on both the perceptual reasoning index and the processing speed index | 84 or less on the performance scale, or, on both the perceptual reasoning index and the processing speed index |
Leiter international performance scale-revised (Leiter-R) | 69 or less | 77 or less | 84 or less |
Comprehensive test of nonverbal intelligence (C-TONI) | 69 or less on full scale (NVIQ) | 77 or less on full scale (NVIQ) | 84 or less on full scale (NVIQ) |
Kaufman assessment battery for children (K-ABC) | Nonverbal scale index of 69 or less | Nonverbal scale index of 77 or less | Nonverbal scale index of 84 or less |
(5) If you are over the age of nineteen at the time of your determination you must have a valid FSIQ obtained at age thirteen or older.