WSR 05-04-057



(Aging and Disability Services Administration)

[ Filed January 28, 2005, 4:25 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-07-107.

     Title of Rule and Other Identifying Information: Adopting new chapter 388-823 WAC, Division of developmental disabilities intake and determination of developmental disabilities; and repealing existing WAC 388-825-030, 388-825-035, and 388-825-040.

     Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on April 5, 2005, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than April 6, 2005.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail, fax (360) 664-6185, by 5 p.m., April 5, 2005.

     Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by April 1, 2005, TTY (360) 664-6178 or (360) 664-6097.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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:

•     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.

     Reasons Supporting Proposal: DDD determined that adopting new rules on the application and eligibility determination process would be more effective and clearer than amending current rules in chapter 388-825 WAC.

     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.

     Statute Being Implemented: Chapters 71A.10, 71A.12 and 71A.16 RCW.

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

     Name of Proponent: Department of Social and Health Services, governmental.

     Name of Agency Personnel Responsible for Drafting: Steve Brink, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail, phone (360) 725-3416, fax (360) 407-0955; Implementation and Enforcement: Sue Poltl, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail, phone (360) 725-3454, fax (360) 407-0955.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. DDD has determined that these rules do not affect small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. These rules are exempt from preparing a cost-benefit analysis pursuant to RCW 34.05.328 (5)(b)(vii). These rules relate only to client medical and financial eligibility.

January 24, 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 05-06 issue of the Register.

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