WSR 02-05-088



(Health and Rehabilitative Services Administration)

[ Filed February 20, 2002, 11:19 a.m. ]

Subject of Possible Rule Making: Sections of chapter 388-825 WAC specific to application and determination of eligibility for services with the Division of Developmental Disabilities (DDD), including but not limited to WAC 388-825-030 Eligibility for services, 388-825-035 Determination of eligibility, 388-825-040 Application for services, and 388-825-045 Determination for necessary services.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.10.020, 71A.16.020, 71A.16.030, 71A.16.040, and 71A.16.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These WAC need to be merged; edited to correct erroneous internal WAC references; or rewritten in clear rule-writing format. In addition the department intends to make major changes to the eligibility criteria for the eligible conditions of epilepsy, autism, and "another neurological or other condition." For children birth to age three, rule changes will align DDD eligibility rules more closely with the federal eligibility requirements under Part C of the Individuals with Disabilities Education Act (IDEA).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DSHS is the only state agency regulating eligibility for DDD services. However, DDD will consult with other DSHS agencies, the Superintendent of Public Instruction, and other stakeholder and constituent groups.

Process for Developing New Rule: The department invites the interested public to participate in developing these rules. Advisory workgroups comprised of DSHS staff, professionals, and other interested parties will be consulted in the writing of the draft regulations. A proposed rule-making notice and the proposed rule text will be distributed for formal comment at a later date, a public hearing will be held, and the department will consider all comments before adopting final rules. Draft material and information about how to participate are available by contacting the DSHS representative identified below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Sue Poltl, Program Manager, DSHS Division of Development Disabilities, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 902-8474, fax (360) 902-8482, e-mail

February 20, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office