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Home / Opinion Digests / Administrative / Administrative – Medicaid – Waiver Program – Mental Retardation – Definition – Onset Date (access required)

Administrative – Medicaid – Waiver Program – Mental Retardation – Definition – Onset Date (access required)

Doe v. South Carolina Department of Health & Human Services South Carolina adopted a broad definition of mental retardation in S.C. Code Ann. § 44-20-30, using language that parallels the Supplemental Security Income definition, which includes the onset of impairment before age 22. In Regulation 88-210, the Department of Disabilities and Special Needs (DDSN) interpreted that definition in a manner consistent with the Social Security Administration; thus, DDSN’s interpretation of § 44-20-30 in its policy guidelines - requiring an onset of impairment before age 18 — directly conflicts with Regulation 88-210 and should be disregarded.

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