WSR 10-08-081



(Aging and Disability Services)

[ Filed April 6, 2010, 2:52 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-01-132.

Title of Rule and Other Identifying Information: The department is amending WAC 388-850-045 to revise the county funding formula to comply with state budget appropriations.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at or by calling (360) 664-6094), on May 11, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 12, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5 p.m. on May 11, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 27, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule implements changes made to the county funding formula as a result of changes in the state budget appropriation for county programs. An initial public notice was filed on December 22, 2008, and stakeholder work has just been completed.

Reasons Supporting Proposal: The division was directed to change the county funding formula as a result of changes in the state budget appropriation for county programs.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.040, 71A.14.030.

Statute Being Implemented: RCW 71A.12.030, 71A.12.040, 71A.14.030.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Meredith Kelly, 640 Woodland Square Loop, (360) 725-3524; Implementation: Branda Matson, 640 Woodland Square Loop, (360) 725-3405; and Enforcement: Don Clintsman, 640 Woodland Square Loop, (360) 725-3421.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not require a significant rule analysis under RCW 19.85.061 which states "Unless so requested by a majority vote of the joint administrative rules review committee under RCW 19.85.030, an agency is not required to comply with this chapter when adopting any rule solely for the purpose of conformity or compliance, or both, with federal statute or regulations." This rule is being proposed as a direct result of changes in the state budget appropriations as directed by the legislature.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(ii) rules with content dictated by statute are not required to submit a cost-benefit analysis. This rule was directed by the legislature in order to meet state budget appropriations.

April 1, 2010

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION(Amending WSR 05-11-015, filed 5/9/05, effective 6/9/05)

WAC 388-850-045   ((Funding formula -- Developmental disabilities.)) What is the formula for distribution of funding to the counties?   (1) For the purposes of this section, "county" shall mean the legal subdivision of the state, regardless of any agreement with another county to provide developmental disabilities services jointly.

(2) The allocation of funds to counties shall be based on the following criteria:

(a) ((Each county shall receive a base amount of funds. The amount shall be based on the prior biennial allocation, including any funds from budget provisos from the prior biennium, and subject to the availability of state and federal funds;

(b))) The distribution of ((any additional)) funds provided by the legislature or other sources shall be based on a distribution formula which best meets the needs of the population to be served ((as follows:

(i) On a basis which)).

(b) The distribution formula takes into consideration ((minimum grant amounts,)) requirements of clients residing in an ICF/MR or clients on one of the division's Title XIX home and community-based waivers, ((and the general population of the county, and)) the number of children eligible for birth to three services, special education enrollment, the number of individuals receiving county funded services, the number of individuals enrolled with the division and the general population of the county ((as well as the population eligible for county-funded developmental disabilities services;)).

(((ii) On a basis that takes into consideration the population numbers of minority groups residing within the county;

(iii) A biennial adjustment shall be made after these factors are considered; and

(iv) Counties not receiving any portion of additional funds pursuant to this formula shall not have their base allocation reduced due to application of this formula.

(c) Funding appropriated through legislative proviso, including vendor rate increases, shall be distributed to the population directed by the legislature utilizing a formula as directed by the legislature or using a formula specific to that population or distributed to identified people;

(d))) (c) The ability of the community to provide funds for the developmental disability program provided in chapter 71A.14 RCW may be considered with any or all of the above.

(3) A county may utilize seven or less percent of the county's allocated funds for county administrative expenses. A county may utilize more than seven percent for county administration with approval of the division director. ((A county electing to provide all services directly, in addition to county administration, is exempt from this requirement.))

(((4) The department may withhold five or less percent of allocated funds for new programs, for statewide priority programs, and for emergency needs.))

[Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW. 05-11-015, 388-850-045, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. 04-02-014, 388-850-045, filed 12/29/03, effective 1/29/04. 99-19-104, recodified as 388-850-045, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.14.040. 92-13-032 (Order 3404), 275-25-530, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 71A.14.030. 91-17-005 and 91-17-025 (Orders 3230 and 3230A), 275-25-530, filed 8/9/91 and 8/14/91, effective 9/9/91 and 9/14/91. Statutory Authority: RCW 69.54.040 and 71.24.190. 83-03-011 (Order 1936), 275-25-530, filed 1/12/83; Order 1142, 275-25-530, filed 8/12/76.]

Washington State Code Reviser's Office