The legislature finds that requiring intelligence quotient testing to determine if a person has an intellectual or developmental disability is expensive, inaccessible to marginalized communities, complicated to receive, and time consuming for families already struggling to care for their child with an intellectual or developmental disability. Further, the legislature finds that intelligence quotient testing does not accurately indicate whether a person needs support to be personally and socially productive, which is the goal of the developmental disabilities administration outlined in RCW 71A.10.015. Therefore, the legislature finds that requiring intelligence quotient testing in assessing whether a person has an intellectual or developmental disability is not an appropriate diagnostic tool and eliminating the use of intelligence quotient scores has been a goal of the legislature for more than 40 years.
This section adds a new section to an existing chapter 71A.10. Here is the modified chapter for context.
Beginning July 1, 2025, the department may not use intelligence quotient scores in determining eligibility or substantial limitation for developmental disability-related services for any programs or services for individuals with developmental disabilities except as provided in subsection (2) of this section. The department shall maintain eligibility for any persons previously determined eligible for services in whole or in part because of an intelligence quotient score and may not require such persons to meet any new eligibility requirements established in response to the discontinuation of the use of intelligence quotient scores. The department may continue to use a diagnosis from qualifying diagnosticians and adaptive functioning assessments to determine eligibility and substantial limitation.
An intelligence quotient score may be used to establish a presumption of eligibility for developmental disability programs and services.
Beginning July 1, 2025, when the department has capacity and funding to enroll additional individuals in its Medicaid waivers, it must prioritize individuals who have been determined eligible for paid services but were not receiving them as of June 30, 2025.
This section modifies existing section 71A.16.020. Here is the modified chapter for context.
A person is eligible for services under this title if the secretary finds that the person has a developmental disability as defined in RCW 71A.10.020.
The secretary may adopt rules further defining and implementing the criteria in the definition of "developmental disability" under RCW 71A.10.020. Beginning July 1, 2025, neither the eligibility criteria nor the evidence to show substantial limitation may require the use of intelligence quotient scores as a determinant of developmental disability. An intelligence quotient score may be used to establish a presumption of eligibility for developmental disability programs and services. The department shall maintain eligibility for any persons previously determined eligible for services in whole or in part because of an intelligence quotient score and may not require such persons to meet any eligibility requirements established in response to the discontinuation of the use of intelligence quotient scores.