SOCIAL AND HEALTH SERVICES

(Developmental Disabilities Administration)

[Filed September 16, 2024, 10:03 a.m.]

Preproposal statement of inquiry was filed as WSR 24-07-054.

Title of Rule and Other Identifying Information: WAC 388-828-4060 What subscales are contained in the support needs scale?, 388-828-4200 What activities are assessed in the home living activities subscale of the support needs scale?, 388-828-4240 What activities are assessed in the lifelong learning activities subscale of the support needs scale?, 388-828-4260 What activities are assessed in the work activities subscale of the support needs scale?, 388-828-4280 What activities are assessed in the health and safety activities subscale of the support needs scale?, 388-828-4320 What activities are assessed in the advocacy activities subscale?, 388-828-4380 What exceptional behavioral support activities are evaluated to assess your behavioral support needs?, 388-828-4400 How does DDD DDA determine if you meet the eligibility requirements for ICF/IID level-of-care if you are age sixteen or older?, 388-828-4440 How does DDD DDA determine your SIS support needs index percentile ranking?, 388-828-5460 How does DDA determine your ADL support needs score if you are age sixteen or older?, 388-828-5800 How does DDA determine your interpersonal support needs score if you are age sixteen or older?, 388-828-5900 How does DDA determine your mobility acuity level if you are age sixteen or older?, 388-828-8060 How does DDA determine which health and welfare needs must be addressed in your person-centered service plan if you are age sixteen or older?, 388-828-9255 How does DDA determine your employment acuity score for completing tasks with acceptable speed?, 388-828-9260 How does DDA determine your employment acuity score for completing tasks with acceptable quality?, 388-828-9560 How does the residential algorithm determine your daily support needs score?, 388-828-9580 How does the residential algorithm determine your mid-frequency support needs score?, 388-828-9660 How does the residential algorithm calculate your daily critical support time?, 388-828-9670 How does the residential algorithm calculate your mid-frequency critical support time?, 388-828-9680 How does the residential algorithm determine your weekly critical support time?, and other related rules as may be required.

Hearing Location(s): On November 5, 2024, at 10:00 a.m., virtually via Microsoft Teams or call in. See the department of social and health services (DSHS) website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.

Date of Intended Adoption: No earlier than November 6, 2024.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, beginning noon on September 18, 2024, by 5:00 p.m. on November 5, 2024.

Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, fax 360-664-6185, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by 5:00 p.m. on October 21, 2024.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The developmental disabilities administration (DDA) is planning to amend sections in chapter 388-828 WAC (the supports intensity scale (SIS-A) portions of the DDA assessment) to align with updates the American Association of Intellectual and Developmental Disabilities (AAIDD) has made to its SIS-A assessment tool, Second Edition. Aligning with AAIDD's Second Edition will not impact the algorithm.

Reasons Supporting Proposal: See purpose.

Statutory Authority for Adoption: RCW 71A.12.030.

Statute Being Implemented: RCW 71A.16.050.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Governmental.

Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-790-4732; Implementation and Enforcement: Amanda Beller, P.O. Box 45310, Olympia, WA 98504-5310, 360-742-9492.

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. These rules relate only to client medical or financial eligibility, which is exempt from preparation of a cost-benefit analysis under RCW 34.05.328 (5)(b)(vii).

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).

Explanation of exemptions: Rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents.

Scope of exemption for rule proposal:

Katherine I. Vasquez

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 24-20 issue of the Register.