WSR 05-12-130

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 1, 2005, 10:47 a.m. , effective July 2, 2005 ]


     

     Purpose: The purpose of these rules is to clarify the entire application and eligibility determination process used by the Division of Developmental Disabilities (DDD). This new chapter, chapter 388-823 WAC, Division of Developmental Disabilities Intake and Determination of Developmental Disabilities:

•     Describes how to apply for a determination of a developmental disability;

•     Defines the conditions required to be considered a person with a developmental disability, defines how these conditions may meet substantial limitations to adaptive functioning and defines the evidence required to substantiate adaptive functioning limitations;

•     Defines how the age of an individual affects the eligibility determination process;

•     Describes the inventory for client and agency planning (ICAP);

•     Defines the expiration of eligibility, reviews and reapplication; and

•     Describes an individual's rights as a client of DDD.

     When effective, these rules replace the emergency rules filed as WSR 05-07-081.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-825-030, 388-825-035, and 388-825-040.

     Statutory Authority for Adoption: RCW 71A.10.020, 71A.12.030, 71A.12.050, 71A.12.070, 71A.16.020, 71A.16.030, 71A.16.040, and 71A.16.050.

     Other Authority: Chapters 71A.10, 71A.12, and 71A.16 RCW.

      Adopted under notice filed as WSR 05-04-057 on January 28, 2005.

     Changes Other than Editing from Proposed to Adopted Version: WAC 388-823-0420 (1)(d), in the table under "Qualifying Score," a cross reference to WAC 388-823-0900 was added for clarity. Other changes are editing only.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 63, Amended 0, Repealed 3.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 63, Amended 0, Repealed 3.

     Date Adopted: June 1, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

     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 05-13 issue of the Register.

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