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DD Eligibility Fact Sheet
RCW 71A.10.020(3) – The definition in law of a developmental disability is:
· a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual;
originates prior to age eighteen;
is expected to continue indefinitely; and
results in substantial limitations to an individual’s intellectual and/or adaptive functioning
WAC 388-823- 0010 – 0170 Covers:
Definition of terms
Info about applying to become a client, who makes the determination, how long it takes
Requirements & responsibilities for obtaining info
Residency requirements
Which rules apply to what ages
WAC 388-823- 0200 – 0850 Covers:
Required diagnosis & diagnostic definitions for each condition
Who can make the diagnosis
Evidence of eligible condition
Evidence of substantial limitations in cognitive and/or adaptive functioning
Evidence used: diagnostic, medical info, the Diagnostic Statistical Manual (DSM) and standardized assessments
The intent is to have objective information and measurable criteria
WAC 388-823- 0900 – 0940 Covers:
ICAP administration and scoring
Requirements to be a Respondent
Qualifying broad independence scores for each age
WAC 388-823- 1000 – 1100 Covers:
Eligibility expirations at ages 4 & 10 for certain conditions
Eligibility reviews at age 17, or after age 18, prior initiation of paid services
Reapplication
Appeal rights
Client rights
Complaint process
The new rules:
require Washington State residency;
explain that Division of Developmental Disabilities (DDD); eligibility determination is voluntary. Consent of legal guardian or adult applicant is required.
require the applicant to be responsible for providing DDD with assessment information or sources of information, or for purchasing diagnostic assessments;
establish criteria for measuring intellectual and/or adaptive functioning that is based on IQ, adaptive functioning and/or the need for physical assistance;
extend the time the department has to make determination from 10 to 30 days;
requires that the effective date of eligibility is the date the department receives the final documentation required to make a decision.
Only a person appointed by DDD may administer the ICAP.
DDD will choose the respondent(s) with input from the applicant.
The applicant will be asked to demonstrate some skills.
For children under age 6: Only developmental delays are used to determine eligibility.
Children age 6 through 9: May be determined eligible due to developmental delays applicable to children under age 6 or meet the regular eligible conditions applicable to persons age 10 and older.
Applicants age 10 and older: Must meet full eligibility criteria or be under the age of 18 and eligible for the Medically Intensive Program.
The adaptive behavior composite score of the Vineland or SIB-R may be accepted in lieu of an ICAP if current within three years.
Acceptable IQ tests have been expanded to include the Differential Abilities Scale (DAS) and the Kaufman Assessment Battery for Children (KABC) in addition to the WAIS/WISC, Stanford Binet and the Leiter-R.
A diagnosis of Down Syndrome will be acceptable in lieu of a diagnosis of mental retardation for eligibility under Mental Retardation. IQ requirements still apply.
prior to age 18, DDD will review the client’s eligibility.
After age 18, the only eligibility reviews will be prior to the initial authorization of paid DDD services for adults who are not receiving a paid service.
DDD will also review eligibility if the department discovers:
the evidence used to make the most recent eligibility determination is insufficient, in error, or fraudulent; or
new information becomes available that does not support current eligibility.
Anytime if DDD ended your eligibility because they couldn’t find you.
Anytime if you were found to be ineligible because you moved out of state and you have now moved back.
Whenever you have new information.
24 months after becoming ineligible due to ICAP; SIB-R or VABS scores only.
Freedom from abuse or punishment.
·The right to appeal any decision by DDD.
The right to receive only services you agree with.
The right to privacy and confidentiality.
The right to make choices about your life.
The right to freedom from discrimination.
The right to be free from unnecessary medication.
The right to have your provider listen to your concerns.
The right to manage your money.
The right to be part of the community.
The right to work and be paid for the work you do.
Contact your case manager, and if you feel you aren’t heard, ask to talk to a supervisor.
If you are still unhappy; the supervisor will help you enter a formal complaint with the Region or DDD Headquarters in Olympia.
On July 5, 2005, Division of Developmental Disabilities (DDD) staff will begin using a new computerized “Intake” and “Eligibility” process.
New computer screens will:
be used to help DDD staff collect information to complete intake and determine DDD eligibility consistently throughout the division;
allow DDD intake/eligibility staff to see the status of a potential client’s application at any given time and quickly access that information to assist the person;
use one centralized system so that data can be reported consistently and reliably to stakeholders and others who are interested.
These new computer screens:
will allow for intake and eligibility to be done through a mail-in process, in most cases; thus saving the person applying both time and inconvenience;
will enhance DDD’s credibility with stakeholders, the legislature and federal government because intake and DDD eligibility will be determined in a consistent and fair manner statewide;
will collect data consistently statewide that can then be reported to the legislature to help show level of staff effort and time spent;
may reduce the need for fair hearings because the standards for determining DD eligibility will be consistently applied in all regions which should reduce the perception of inequity.
Anyone can call the local DDD Office and request help in the application process. The local office will make sure that special needs are met.
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This page last updated: Sunday, November 25, 2007