WSR 18-02-061
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed December 29, 2017, 10:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-11-086.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-449-0010 What evidence do we consider to determine disability? and 388-447-0005 What evidence does the department consider to determine incapacity?
Hearing Location(s): On February 6, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than February 7, 2018.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., February 6, 2018.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by January 23, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes ensure that the eligibility standards adopted by the department for the aged, blind, or disabled and the housing and essential needs referral programs are consistent with, and not more restrictive than, standards adopted by the Social Security Administration (SSA).
Reasons Supporting Proposal: SSA adopted new standards, DI 22505.003 Evidence from an Acceptable Medical Source (AMS), which expanded the federal definition of an AMS.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Nicholas Swiatkowski, 712 Pear Street S.E., Olympia, WA 98501, 360-725-4638.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. These rules do not impact small businesses. They only impact DSHS clients.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
Is exempt under RCW 34.05.328 (5)(b)(vii).
December 27, 2017
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-24-044, filed 11/26/13, effective 1/1/14)
WAC 388-447-0005 What evidence ((does the department)) do we consider to determine incapacity?
(1) To determine whether a medically determinable impairment exists, we ((accept)) consider medical evidence from ((the following sources when considering incapacity)) "acceptable medical sources." "Acceptable medical sources" include the following:
(((1))) (a) For a physical impairment, a health professional licensed in Washington state or where the examination was performed:
(((a) A physician, which includes:))
(i) Medical doctor (((M.D.))) (MD); ((and))
(ii) Doctor of osteopathy (((D.O.))) (DO);
(((b) An advanced registered nurse practitioner (ARNP) for physical impairments that are within their area of certification to treat;
(c) A Physician's assistant (P.A.);
(d) A)) (iii) Doctor of optometry (((O.D.))) (OD) for visual ((acuity impairments)) disorders;
(((e))) (iv) Doctor of podiatry (((D.P.))) (DP) for foot and ankle disorders;
(v) Physician assistant (PA) for impairments within their licensed scope of practice;
(vi) Advanced registered nurse practitioner (ARNP) for impairments within their licensed scope of practice;
(vii) Audiologist for impairments of hearing loss, auditory processing disorders, and balance disorders within their licensed scope of practice;
(viii) Qualified speech-language pathologist, for purposes of establishing speech or language impairments;
(((f))) (ix) Doctor of dental surgery (((D.D.S.))) (DDS) or doctor of medical dentistry (((D.M.D.))) (DMD) for tooth abscesses or temporomandibular joint (TMJ) disorders; ((or)) and
(((g) The)) (x) Chief of ((medical administration)) staff of ((the Veterans' Administration)) a U.S. Department of Veterans Affairs medical center, or their designee, as authorized in federal law.
(((2))) (b) For a mental impairment, a health professional licensed in Washington state or where the examination was performed:
(((a) A)) (i) Psychiatrist;
(((b) A)) (ii) Psychologist;
(((c) An ARNP certified in psychiatric nursing; or
(d) At the department's discretion:
(i) A person identified as a mental health professional within the regional support network mental health treatment system provided the person's training and qualifications at a minimum include having a master's degree and two years of mental health treatment experience; or
(ii) A physician who is currently treating you for a mental impairment.
(3) We do not accept medical evidence from the medical professionals listed in (1) and (2) above, unless they are licensed in Washington state or the state where the examination was performed)) (iii) Advanced registered nurse practitioner (ARNP) for impairments within their licensed scope of practice;
(iv) Physician assistant (PA) for impairments within their licensed scope of practice;
(v) School psychologist or other licensed or certified individual who performs the same function as a school psychologist in a school setting for impairments of intellectual disability, learning disability, or borderline intellectual functioning;
(vi) Clinical social worker;
(vii) Mental health professional (MHP); and
(viii) Physician treating you for a mental impairment.
(((4))) (2) "Supplemental medical evidence" means information from a licensed health professional ((not listed in (1) or (2) above)) who can provide supporting documentation for impairments established by ((a medical professional)) an "acceptable medical source" listed in subsection (1) ((or (2) above)) of this section. "Supplemental medical evidence" sources include, but are not limited to:
(a) ((Health professionals who have conducted tests or provided ongoing treatment to you, such as a physical therapist, chiropractor, nurse, naturopath, audiologist, or licensed social worker;
(b) Workers at state institutions and agencies who are not health professionals and are providing or have provided medical or health-related services to you; or
(c) Chemical dependency professionals (CDPs) when requesting information on the effects of alcohol or drug abuse)) Naturopath;
(b) Chiropractor;
(c) Physical therapist; and
(d) Chemical dependency professional (CDP) when requesting information on the effects of substance use disorders.
(((5))) (3) "Other evidence" means information from ((other)) sources not listed ((above)) in subsections (1) and (2) of this section who can provide supporting documentation of functioning for impairments established by an "acceptable medical ((sources)) source" in ((subsections)) subsection (1) ((or (2))) of this section. Sources of "other evidence" may include public and private agencies, schools, ((parents)) family members, friends, caregivers, and employers((, and practitioners such as social workers)).
AMENDATORY SECTION (Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)
WAC 388-449-0010 What evidence do we consider to determine disability?
(1) To determine whether a medically determinable impairment exists, we consider medical evidence from "acceptable medical sources." "Acceptable medical sources" include the following:
(((1))) (a) For a physical impairment, a health professional licensed in Washington state or where the examination was performed:
(((a) A physician, which includes:))
(i) Medical doctor (((M.D.))) (MD);
(ii) Doctor of osteopathy (((D.O.))) (DO);
(iii) Doctor of optometry (((O.D.))) (OD) for visual disorders;
(iv) Doctor of podiatry (((D.P.))) (DP) for foot and ankle disorders;
(v) Physician assistant (PA) for impairments within their licensed scope of practice;
(vi) Advanced registered nurse practitioner (ARNP) for impairments within their licensed scope of practice;
(vii) Audiologist for impairments of hearing loss, auditory processing disorders, and balance disorders within their licensed scope of practice; and
(((v))) (viii) Qualified speech-language pathologist((s)), for purposes of establishing speech or language impairments ((only)).
(((2))) (b) For a mental impairment, ((professionals)) a health professional licensed in Washington state or where the examination was performed:
(((a) A)) (i) Psychiatrist; ((or
(b) A)) (ii) Psychologist;
(iii) Advanced registered nurse practitioner (ARNP) for impairments within their licensed scope of practice;
(iv) Physician assistant (PA) for impairments within their licensed scope of practice; and
(v) School psychologist or other licensed or certified individual who performs the same function as a school psychologist in a school setting for impairments of intellectual disability, learning disability, or borderline intellectual functioning.
(((3))) (2) We accept medical evidence of how your impairment(s) affect your ability to function from "treating medical sources" once a diagnosis of a medically determinable impairment has been established by an "acceptable medical source" listed in subsection (1) ((and (2) above, "treating)) of this section. "Treating medical sources" must be licensed to provide healthcare and include, but are not limited to:
(a) ((All medical professionals listed in (1) and (2) above;
(b) A)) Physician treating you for a mental impairment;
(((c) A physician's assistant for physical impairments; and
(d) An advanced nurse practitioner for conditions within their certification)) (b) Clinical social worker;
(c) Mental health professional (MHP);
(d) Naturopath;
(e) Chiropractor;
(f) Physical therapist; and
(g) Chemical dependency professional (CDP) when requesting information on the effects of substance use disorders.
(((4))) (3) "Other evidence" means information from ((other)) sources not listed in ((subsection)) subsections (1)((,)) and (2)((, or (3))) of this section who can provide supporting documentation of functioning for impairments established by an "acceptable medical ((sources)) source" in ((subsections)) subsection (1) ((or (2))) of this section. Sources of "other evidence" may include public and private agencies, schools, ((parents)) family members, friends, caregivers, and employers((, and practitioners such as social workers, mental health professionals, naturopaths, chiropractors, physical therapists, and audiologists)).