WSR 11-06-059



(Aging and Disability Services Administration)

[ Filed March 1, 2011, 4:12 p.m. ]

     Subject of Possible Rule Making: The department is proposing to amend chapter 388-823 WAC, DDD intake and determination of developmental disabilities. Amendments to this chapter will change eligibility requirements for individuals applying for services from the division of developmental disabilities (DDD). Other changes will make the WAC consistent with RCW language required by state law.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Proposed amendments to this chapter are necessary to clarify rules which determine whether an individual meets the requirements to receive services from DDD. Amendments would limit eligibility for individuals with autism to those whose disability meets specific criteria which are not clear in the current WAC. Proposed amendments would also change the IQ requirements to receive services from DDD. Furthermore, by combining the categories of "another neurological" and "other conditions," make the WAC consistent with RCW language which is required by state law.

     Other proposed changes would streamline eligibility reviews, thereby reducing case resource manager workload.

     The filing of this CR-101 has been determined to meet the exemptions from the Governor's Executive Order 10-06 on rule making because they meet the following criteria:

•     Rules are necessary to manage budget shortfalls.

•     Rule changes are necessary to comply with state law.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Meredith Kelly, Program Manager, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, TTY 1-800-833-6388, e-mail

March 1, 2011

Katherine I. Vasquez

Rules Coordinator

© Washington State Code Reviser's Office