wa-26-17-071: Social and Health Services, Department of — WSR 26-17-071

WSR 26-17-071 (26-17)WSR 26-17-071PROPOSED RULESDEPARTMENT OFSOCIAL AND HEALTH SERVICES(Developmental Disabilities Administration)[Filed August 14, 2026, 9:42 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-11-030.Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing to make changes to WAC 388-823-0055, 388-823-0740, 388-823-0910, 388-823-0920, and 388-823-0930.Hearing Location(s): On September 22, 2026, at 10:00 a.m., virtually via Teams or call in. See the DSHS website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information. Date of Intended Adoption: Not earlier than September 23, 2026.Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning noon on August 19, 2026, by 5:00 p.m. on September 22, 2026.Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by 5:00 p.m. on September 8, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The developmental disabilities administration (DDA) is required to change the adaptive assessment administered by DDA staff.Reasons Supporting Proposal: This is an agency requirement due to a security risk with the current scoring software.Statutory Authority for Adoption: RCW 71A.12.030.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: Kat Gehring, P.O. Box 45310, Olympia, WA 98504-5310, 360-890-5140.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 are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this section does not apply to rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."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 19.85.025(4).Explanation of exemptions: This rule is for internal governmental operations. These amendments do not impact small businesses. They only impact DSHS customers.Scope of exemption for rule proposal:Is fully exempt.August 13, 2026Katherine I. VasquezRules CoordinatorSHS-5144.1AMENDATORY SECTION(Amending WSR 24-18-040, filed 8/27/24, effective 10/7/24)WAC 388-823-0055Who is responsible for obtaining required documentation?(1) You are responsible for providing the information required to determine DDA eligibility.(2) If you provide DDA with a signed consent form ((and))that lists contacts, DDA will assist in obtaining records. (3) Evidence required to make an eligibility determination includes, but is not limited to:(a) Evaluations and reports from a school psychologist, a licensed psychologist, or ((both))other qualifying diagnostician;(b) Evidence of a qualifying condition;(c) ((Clinical and diagnostic tests measuring a person's development and))Developmental, diagnostic, and adaptive ((skills)) test results ((and accompanying reports))that produce standard scores; and(d) Mental health records.(4) DDA will not pay for diagnostic, developmental, or adaptive skills assessments.(5) If you ((cannot provide DDA with))have not had an adaptive assessment completed in the last 36 months, but you otherwise meet ((DDA)) eligibility criteria, DDA will offer to administer ((the ICAP))an adaptive assessment for you at no cost to you.AMENDATORY SECTION(Amending WSR 24-18-040, filed 8/27/24, effective 10/7/24)WAC 388-823-0740What evidence do I need of my adaptive skills limitations?(1) For evidence of adaptive skills limitations, DDA accepts a qualifying score from one of the following assessments completed in the past 36 months.AssessmentQualifying ScoreVineland adaptive behavior scales (VABS)An adaptive behavior composite score of 69 or lessScales of independent behavior - Revised (SIB-R)A broad independence standard score of 69 or lessAdaptive behavior assessment system (ABAS)An adaptive behavior composite score of 69 or lessInventory for client and agency planning (ICAP)A broad independence standard score of 69 or lessDiagnostic adaptive behavior scale (DABS)A broad total adaptive score of 69 or lessAdaptive behavior evaluation scale (ABES)An adaptive skills quotient of 69 or less(a) Assessments must be administered and scored by professionals who have a background in individual assessment, human development and behavior, tests and measurements, and knowledge of individuals with disabilities.(b) DDA will administer ((or arrange for the administration of the ICAP))an adaptive assessment only if results from one of the ((other)) acceptable ((tests))assessments are not available from within the past 36 months, and all other eligibility criteria are met. (c) ((Authorized))DDA will determine which adaptive assessment authorized administration staff or contracted designee ((must))will administer ((the ICAP)).(2) The adaptive test score cannot be a result of: (a) An unrelated mental illness or other psychiatric condition occurring at any age; or (b) Another illness or injury occurring after age 18.(3) If you are dually diagnosed with a qualifying condition and mental illness, other psychiatric condition, or other illness or injury, you must provide acceptable documentation that your adaptive functioning, measured by an adaptive skills test, would meet the requirements for DDA eligibility without the influence of the mental illness, other psychiatric condition, or other illness or injury.(a) "Acceptable documentation" means written reports or statements that are directly related to adaptive functioning, reasonable considering the evidence, and from a qualified professional. The determination of whether a document is acceptable is made by DDA.(b) If no documentation is provided or DDA determines that the documentation is not acceptable DDA may deny eligibility. The determination can be challenged through an administrative appeal.REPEALERThe following sections of the Washington Administrative Code are repealed:388-823-089999 SUBCAPTIONINVENTORY FOR CLIENT AND AGENCY PLANNING (ICAP)WAC 388-823-0910What is the purpose of ICAP?WAC 388-823-0920What sections of the ICAP does DDA or a contracted designee complete and score?WAC 388-823-0930How does DDA administer the ICAP?