DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Mental Retardation
In the Matter Of: |
Revision of the Eligibility Criteria |
For Division of Mental Retardation |
Services |
Nature of the Proceedings:
The Delaware Department of Health and Social Services (“Department”) initiated proceedings to update the eligibility criteria related to Division of Mental Retardation services. The Department’s proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
On May 1, 2000, DHSS published in the Delaware Register of Regulations Volume 3, Issue 11, (page 1494) its notice of the proposed regulation change pursuant to 29 Delaware Code Section 10115. It was requested that written materials and suggestions from the public concerning the proposed change be submitted by June 1, 2000, at which time the Department would receive all the information, factual evidence and public comments on the said proposed changes to the criteria.
Three written comments were received endorsing the proposed amendment due to its limited expansion of eligibility for individuals with conditions other than mental retardation who require the services of the DMR. One of the written comments also expressed a concern that the increased population base not create an undue burden on the Division’s ability to provide services and the hope that the Division would receive the financial supports necessary to continue meeting the needs of its consumers.
Findings of Fact:
The Department finds that the proposed changes as set forth in the May, 2000 Register of Regulations should be adopted as written.
THEREFORE, IT IS ORDERED, that the proposed eligibility criteria for Division of Mental Retardation services be adopted and shall be final effective July 10, 2000.
Gregg C. Sylvester, M.D., Secretary
6/14/00
Division of Mental Retardation Eligibility Criteria
“Mental retardation refers to substantial limitations in present functioning. It is characterized by significantly subaverage intellectual functioning, existing concurrently with related limitations in two or more of the following applicable adaptive skill areas: communication, self-care, home living, social skills, community use, self direction, health and safety, functional academics, leisure, and work. Mental retardation manifests before age 18.”
The Division of Mental Retardation provides services to those individuals whose disability meets all of the following conditions:
(A)(i) is attributable to mental retardation (1992 AAMR definition) and/or (ii) Autism (DSM IV) and/or (iii) Prader Willi (documented medical diagnosis) and/or (iv) brain injury (individual meets all criteria of the 1992 AAMR definition including age manifestation) and /or (v) is attributable to a neurological condition closely related to mental retardation because such condition results in an impairment of general intellectual functioning and adaptive behavior similar to persons with mental retardation and requires treatment and services similar to those required for persons with impairments of general intellectual functioning;
(B) is manifested before age 22
(C) is expected to continue indefinitely;
(D) results in substantial functional limitations in 2 or more of the following adaptive skill areas
1) communication;
2) self-care;
3) home living;
4) social skills;
5) community use;
6) self-direction;
7) health and safety
8) functional academics;
9) leisure;
10) work; and
(E) reflects the need for lifelong and individually planned services.
Intellectual functioning and adaptive behavior is determined by using established standardized instruments approved by the Division.