Section 11-88.1-5 - Developmental or intellectual disabilities(a) To be considered as having a developmental disability, a person must have a severe, chronic disability that meets the definition of developmental disability. The person must have all of the following: (1) A diagnosis that meets the definition of an eligible condition for a severe and chronic disability. The diagnosis is attributable to a mental or physical impairment to a mental or physical impairment or combination of mental and physical impairments; is manifested before the person attains age twenty-two (22); is likely to continue indefinitely; result in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic sufficiency; and reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated. (A) Evidence of an eligible condition under cerebral palsy or epilepsy requires a diagnosis by a licensed physician; or(B) Evidence of an eligible condition under autism spectrum disorder requires a diagnosis by a board certified neurologist, board certified psychiatrist, board certified developmental-behavioral pediatrician, or licensed psychologist using the most recent Diagnostic and Statistical Manual of Mental Disorders criteria; or(C) Evidence of an eligible condition or disorder due to a neurological condition, or central nervous system disorder, or chromosomal disorder that results in both substantial impairment of general intellectual functioning and adaptive behavior skill deficits similar to those of a person with intellectual disability, and requires a diagnosis by a licensed physician or licensed psychologist.(2) Concurrent substantial deficits in at least three (3) adaptive functioning areas at least three (3) standard deviations below the mean as assessed on standardized measures of adaptive behavior. (A) The substantial limitation in adaptive functioning may reflect the current adaptive functioning at the time of application; and(B) Must be attributable to the person's developmental disability and not solely to other excluded conditions.(3) The mental or physical impairment or combination of mental and physical impairments cannot be primarily from dementia, mental illness, emotional disorders, substance abuse, sensory impairment, learning disabilities, attention deficit hyperactivity disorder, spinal cord injuries, or neuromuscular disorders.(b) To be considered as having an intellectual disability, a person must have a severe, chronic disability that meets the definition of intellectual disability. The person must meet all of the following:(1) A diagnosis by a licensed psychologist or physician or other licensed professional that meets the division's requirements. The diagnosis must meet the definition of intellectual disability using an appropriate, individually administered comprehensive intelligence quotient test administered by a licensed psychologist or school psychologist with results of two (2) or more standard deviations below the mean with onset before age eighteen years;(2) Concurrent substantial deficits in at least three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency, in at least three (3) standard deviations below the mean as assessed on standardized measures of adaptive behavior;(3) The intellectual disability and functional deficits must be manifested before the age of eighteen years; and(4) The substantial limitation in adaptive functioning may reflect the current adaptive functioning at the time of application and must be attributable to the eligible condition of intellectual disability.(c) To be eligible for division services, a person with a developmental or intellectual disability shall meet the following requirements.(1) Be a citizen of the United States, a national of a United States territory, or an alien legally admitted to the United States for permanent residency;(2) Be residing voluntarily in the State of Hawaii with the intent to reside in the State permanently or indefinitely; and(3) Not be a resident of a public institution, including being an inmate of a correctional facility or residential psychiatric facility.(d) Past and present eligibility for services is neither proof nor guarantee of future eligibility for services provided by the division. Determination of eligibility is made independently on the basis of current division eligibility criteria.(e) Past and present eligibility for services in other states, departments or programs, is neither proof nor guarantee of eligibility for services provided by the division. [Eff 10/26/2014] (Auth: HRS §§ 321-9, 333F-18) (Imp: HRS § 333F-1)