WSR 04-05-086

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed February 17, 2004, 4:50 p.m. ]

Following is the Department of Social and Health Services' Semi-Annual Rule-Making Agenda for January 1, 2004, through June 30, 2004. This report will be published in the State Register pursuant to RCW 34.05.314 and distributed to interested parties, and is available online at http://www1.dshs.wa.gov/msa/rpau/.

This report represents DSHS rules under development at this time. There may be additional rule-making activity as DSHS responds to legislative actions, to comply with federal mandates, or to meet unforeseen circumstances.


DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Semi-Annual Rule-Making Agenda

January 1, 2004 through June 30, 2004



This report describes rules under development by DSHS administrations and divisions from January 1, 2004, through June 30, 2004. DSHS publishes this rule-making agenda semi-annually to comply with RCW 34.05.314. There may be additional DSHS rule-making activity not included in this report, as DSHS responds to new state laws, to meet federal requirements, or to meet unforeseen circumstances.

If you have questions about this rule-making agenda or the DSHS rule-making process, please contact Andy Fernando, DSHS Rules Coordinator, at P.O. Box 45850, Olympia, WA 98504-5850, by phone at (360) 664-6094, or by e-mail at FernaAX@dshs.wa.gov [fernaax@dshs.wa.gov]. If you are interested in receiving DSHS rule-making notices, please contact Fred Swenson at the DSHS Rules and Policies Assistance Unit by phone at (360) 664-6097 or by e-mail at SwensFH@dshs.wa.gov. This document is also available from the DSHS public website, at http://www1.dshs.wa.gov/msa/rpau/.

Following the tables are explanations of the terms "preproposal notice," "proposed rule," "expedited rule," "permanent rule," "emergency rule," and other selected terms used in this report.


WAC Chapter

or WAC #

Chapter or Subpart Caption Subject Matter or WAC Section Caption Description

And

Program Contact Person

Current and Pending Activity
Emer-gency rules Prepro-posal Notice Propos-ed Rule Perm-anent Rule
AGING AND DISABILITY SERVICES ADMINISTRATION (ADSA)
ADSA - Division of Developmental Disabilities (DDD)
Chapter 388-820 WAC Community residential services and support State supplemental payment program Amending and clarifying language; adding contracted mental health crisis diversion bed services; amending and adopting new rules to implement 2002 legislation (SSB 6387) on the DDD state supplemental payment program; and revising eligibility rules. Contact Saif Hakim, ADSA-DDD. WSR 04-01-143

Filed 12/16/03

WSR 02-17-068 and 03-02-063 WSR 03-21-033

Hearing 11/25/03

WSR 04-04-043

Effective 2/29/04

Chapter 388-820 WAC; Community residential services and support; New home and community based services Adopting rules to implement new home and community-based services (HCBS) waivers from the federal Centers for Medicare and Medicaid necessary to provide services for eligible persons with developmental disabilities. New waivers replace the department's current community alternatives program (CAP) waiver. Contact Steve Brink, ADSA-DDD. WSR 03-20-103

Filed 9/30/03

Chapter 388-825 WAC;

DDD services rules;
WAC 388-513-1301 and 388-513-1315; and Client not in own home -- Institutional;
WAC 388-515-1510 Alternative living -- Institutional
Chapter 388-825 WAC;

and

DDD services rules State supplemental payment program Amending rules and adopting new rules to implement ESSB 6387, and to comply with federal Social Security Administration requirements. Contact Steve Brink, ADSA-DDD. WSR 04-01-144

Filed 12/19/03

WSR 03-18-028

Filed 8/25/03

WSR 03-21-156

Hearing 12/9/03

WSR 04-02-014

Effective 1/29/04

Chapter 388-850 WAC County plan for developmental disabilities
Chapter 388-825 WAC DDD services rules Eligibility for services Amending and clarifying language regarding appeal processes. Planned for future action
New chapter 388-827 WAC DDD -- State supplemental payment program Same Creating a new WAC chapter to replace WAC 388-825-500 through 388-825-600 adopted by emergency rule. Adopting new rules to implement 2002 legislation (ESSB 6387) on the DDD state supplemental payment program and requirements of the federal Social Security Administration. Contact Steve Brink, ADSA-DDD. WSR 04-01-144

Filed 12/19/03

WSR 03-18-026

Filed 8/25/03

WSR 03-22-056

Hearing 12/9/03

WSR 04-02-015

Effective 1/29/04

Chapter 388-830 WAC DDD program option rules Same Possible repeal of this WAC chapter. Planned for future action
Chapter 388-835 WAC and new chapter 388-837 WAC ICF/MR program and reimbursement system Residential habilitation centers Adopting rules to implement the 2003-2005 state operating budget bill (section 205, chapter 25, Laws of 2003 1st sp.s.), concerning downsizing of the Fircrest School. Contact Jeannie Johnson, ADSA-DDD. WSR

04-02-010

Filed 12/29/03

WSR 04-02-009

Filed 12/29/03

Chapter 388-835 WAC ICF/MR program and reimbursement system Same Amending language to reflect new rates. Planned for future action
Chapter 388-850 WAC County plan for developmental disabilities Same Rewriting rules in clear rule format and clarifying language. Planned for future action
ASDA - Home and Community Services Division (HCS)
Chapter 388-71 WAC; Home and community services and programs; Medically needy (MN) in-home waiver program The department will adopt rules to establish eligibility criteria, applicable income standards, specific waiver services, and amending other sections as needed to update program rules. Contact Tiffany Sevruk, ADSA-HCS. WSR 04-01-192

Filed 12/23/03

Chapter 388-72A WAC; and

Comprehensive assessment, reporting and evaluation tool;
Chapter 388-515 WAC Alternative living -- Institutional medical
WAC 388-71-0100 through 388-71-0155 Home and community services and programs Adult protective services Adopting rules providing an alleged perpetrator in an adult protective services (APS) report the opportunity to request an administrative hearing. Contact Tiffany Sevruk, ADSA-HCS. WSR 03-22-053

Filed 10/31/03

WSR 03-17-064

Filed 8/18/03

WAC 388-71-0202 and 388-71-0531 Home and community services and programs Individual provider hours Clarifying maximum number of hours an individual provider or personal aide can be paid. Contact Sue McDonough, ADSA-HCS. WSR 03-17-065

Filed 8/18/03

WSR 03-22-055

Hearing 12/9/03

WSR 04-04-042

Effective 2/29/04

WAC 388-71-0203 and 388-71-0205;

and

Home and community services and programs; Children receiving Medicaid personal care -- Assessment criteria Amending rules to incorporate CARE assessment criteria for children receiving state plan Medicaid personal care (MPC) services and amending other sections as needed to implement this change. Contact Tiffany Sevruk, ADSA-HCS. WSR 04-01-087

Filed 12/16/03

Chapter 388-72A WAC Comprehensive assessment reporting and evaluation tool
WAC 388-71-0465 Home and community services and programs (HCP) Are there waiting lists for HCP? Amending the rules is required by legislative mandate to control caseload growth. Contact Tiffany Sevruk, ADSA-HCS. WSR 03-16-019

Filed 7/28/03

WSR 03-20-104

Hearing 11/4/03

WSR 04-01-090

Effective 1/16/04

WAC 388-71-0520; amending and renumbering other training WAC 388-71-0580 through 388-71-05952 Home and community services and programs Individual providers; home care agency workers Amending rules and adopting new rules to implement nurse delegations requirements of HB 1753 (chapter 140, Laws of 2003). Recodifying (renumbering) other training WAC to allow for future revisions. Contact Barbara Hanneman, ADSA-HCS. WSR 03-20-105

Filed 9/30/03

WSR 03-19-117

Filed 9/16/03

WSR 03-22-091

Hearing 12/9/03

WSR 04-02-001

Effective 1/24/04

WAC 388-71-1065

through

388-71-1095

Home and community services and programs Respite care -- Family caregiver support program Amending the respite care subchapter to include the family caregiver support program per state legislation. Contact Tiffany Sevruk, ADSA-HCS. Planned for future action
WAC 388-513-1350 and 388-513-1380 Client not in own home -- Institutional medical Maximum resources allowed and client participation for long-term care services Amending the rules to comply with new state law (ESHB 2257) to reduce the maximum resource allocation for the community spouse effective August 1, 2003; and increase the community spouse standards for long-term care program to be consistent with federal standards effective April 1, 2003. Contact Mary Lou Percival, ADSA-HCS. WSR 03-15-049

Filed 7/11/03

WSR 03-24-102

Hearing 1/27/04

(see WSR 04-02-056)

WSR 04-04-072

Effective 3/4/04

ADSA - Residential Care Services Division
WAC 388-76-675 Adult family homes minimum licensing Reporting requirements/ prevention of abuse To comply with the recently passed legislation ESHB 1904, relating to the reporting of incidents by mandated reporters. Contact Dahl Kim, ADSA-RCS. WSR 03-12-055

Filed 5/30/03

D. Kim

WSR 03-21-123

Hearing 11/25/03

WSR 04-01-032

Effective 1/8/04

Chapter 388-78A WAC Boarding home licensing Same To review and update rules to be consistent with current practices in residential care and to make it more applicable to today's boarding home residents. Current rules will be repealed and replaced with new rules in chapter 388-78A WAC. Rules effective September 1, 2004. Contact Denny McKee, ADSA-RCS. WSR 00-15-014

Filed 7/10/00

WSR 03-03-018

Hearing 3/11/03

WSR 03-16-047

Effective 9/1/04

Chapter 388-110 WAC Contracted residential care services; Assisted living services; Enhanced adult residential care Same To incorporate dementia care pilot project standards into rule for contracting with boarding homes to provide dementia care to department clients, and to make revisions necessary as a result of amendments to chapter 388-78A WAC. Contact Denny McKee, ADSA-RCS. WSR 03-02-078

Filed 12/30/02

ADSA - Rates Management Division
Chapter 388-96 WAC Nursing facility Medicaid payment Same Codifying current policies and practices; editing previous codifications for substance and form. Contact Patricia Hague, ADSA-Rates Management. WSR 03-07-031

Filed 3/11/03

P. Hague

WAC 388-105-0005, 388-105-0030, 388-105-0040, and new WAC 388-105-0045 Medicaid rates for contracted home and community residential care services Bed hold process, rates Adopt permanently the July 1, 2003 rate increases and to implement SSB 5579 (chapter 231, Laws of 2003) granting of payments to providers to hold a bed or unit when a Medicaid resident temporarily leaves the facility for a hospital or nursing home stay. Contact Patricia Hague, ADSA-Rates Management. WSR

03-22-052

Filed 10/31/03

WSR 03-15-050

Filed 7/11/03

WSR 04-04-044

Hearing 3/9/04

CHILDREN'S ADMINISTRATION
WAC 388-27-0120, 388-27-0130, 388-27-0135, 388-27-0155, 388-27-0160, 388-27-0165, 388-27-0175, 388-27-0190, 388-27-0195, 388-27-0200, 388-27-0210, 388-27-0215, 388-27-0220, 388-27-0225, 388-27-0235, 388-27-0240, 388-27-0245, 388-27-0270, and related sections. Child welfare services -- Adoption services and adoption support Adopting special needs children Amending rules to comply with legislative directives to control rate and reimbursement decisions with families adopting special needs children by maximizing use of federal funds. Contact Lonnie Locke, Children's Administration. WSR

04-03-018

Filed 1/12/04

WSR 03-11-090

Filed 5/21/03

WSR 04-01-088 and WSR 04-02-026

Hearing 1/27/04

Chapter 388-61A WAC Shelters for victims of family violence Same Revising the chapter to clarify confidentiality requirements, fire safety requirements for shelter homes and appeal rights. Contact Susan Hannibal, Children's Administration. WSR 03-22-087

Filed 11/5/03

Chapter 388-140 WAC Licensing standards for group receiving centers Same Establishing licensing procedures and standards for group receiving center currently approved under waivers. Contact Jean Croisant, Children's Administration.

Emergency rules only. Permanent rules to be incorporated into chapter 388-148 WAC (see below).

WSR 04-03-010D

Filed 1/9/04

WSR 02-20-016

Filed 9/20/02

See WSR 04-03-116

Hearing 3/23/04

New chapter 388-147 WAC Licensing requirements for teen parent programs Same Creating new standards for programs assisting pregnant or new teen parents. Contact Jean Croisant, Children's Administration. WSR 00-22-061

Filed 10/27/01

Chapter 388-148 WAC Foster homes and

facility licensing requirements

Licensing requirements for foster homes, staffed residential homes, group care facilities, and child-placing agencies Revising rules to comply with federal funding statute and clarify language of the licensing requirements for homes, facilities, and child-placing agencies. The chapter incorporates a new set of licensing requirements for group receiving centers (see chapter 388-140 WAC above). Contact Jean Croisant, Children's Administration. WSR 03-21-074

Filed 10/15/03

WSR 02-06-083

Filed 3/1/02

WSR 04-03-116

Hearing 3/23/04

Chapter 388-149 WAC Licensing standards for special model foster homes Same Developing consistent standards and providing regular monitoring. Contact Jean Croisant, Children's Administration. WSR 01-15-080

Filed 7/17/01

ECONOMIC SERVICES ADMINISTRATION (ESA)
ESA - Community Services Division
No current rule-making activity
ESA - Division of Child Care and Early Learning
Chapter 388-151 WAC,

moving to new chapter 388-297 WAC

Minimum requirements for child care centers Moving entire chapter to new location Repealing all sections of chapter 388-151 WAC and adopting new chapter 388-297 WAC to reorganize and clarify minimum requirements for child care centers caring exclusively for school age children. Contact Liz Egge, ESA. WSR 03-20-025

Filed 9/23/03

WAC 388-290-0075, 388-290-0085, 388-290-0190, and 388-290-0210 Working connections child care (WCCC) Copayments Increasing participant family copayment levels; eliminating unfunded portions of WCCC program to meet budget reductions. Contact Lisa Lind, ESA. WSR 03-22-005

Filed 10/22/03

WSR 02-20-055

Filed 9/27/02

WSR 04-02-047

Hearing 3/9/04

WAC 388-290-0130 Working connections child care (WCCC) Background checks Clarifying that an in-home/relative child care provider may be an eligible provider following results of a criminal background check. Contact Carla Gira, ESA. WSR 03-20-050

Filed 9/25/03

WSR 02-20-055

Filed 9/27/02

WSR 04-02-047

Hearing 3/9/04

WAC 388-295-0020, 388-295-0060, 388-295-0070, 388-295-0090, 388-295-0100, 388-295-0110, 388-295-1010, 388-295-1070, 388-295-1110, 388-295-2010, 388-295-2090, 388-295-2100, 388-295-3010, 388-295-4010, 388-295-4100, 388-295-5030, 388-295-5150, 388-295-7010, 388-295-7040, 388-295-7050, and other sections as appropriate Minimum licensing requirements for child care centers Same Amending rules to add clarity and correct typographical and other inadvertent errors made during the last revision. Contact Carla Gira, ESA. WSR 03-23-062

Filed 11/17/03

New chapter 388-296 WAC Child care business regulations for family home child care; Licensing requirements for family child care homes Revising this chapter to meet the governor's clear rule-writing mandate. Revisions will result in adopting a new chapter of Title 388 WAC. Contact Mary Oakden, ESA. WSR 02-23-015

Filed 11/8/02

Repealing all rules in chapter 388-155 WAC Minimum licensing requirements for family child care homes
ESA - Division of Child Support
WAC 388-14A-2000, 388-14A-2025, 388-14A-2080, 388-14A-3800, 388-14A-3810, 388-14A-4000, 388-14A-4300, and 388-14A-4304 Division of child support rules Modifying support obligations Amending the rules to allow the Division of Child Support (DCS) to modify support obligations when both parties make informal arrangements and are unable to return to court to officially change the support order. Contact Nancy Koptur, ESA. WSR 02-03-010

Filed 1/4/02

WAC 388-14A-3300 through 388-14A-3320 Division of child support rules Support debt and notice of support owed Reviewing for clarification the rules regarding the notice of support debt and the notice of support owed. Contact Nancy Koptur, ESA. WSR 03-23-107

Filed 11/18/03

WAC 388-14A-3900 to 388-14A-3925 Division of child support rules Modification of a support order Revising rules on review and modification of support orders; rules and procedures regarding prospective modification of administrative support orders. Contact Nancy Koptur, ESA. WSR 03-22-054

Filed 10/31/03

WAC 388-14A-3900 to 388-14A-3925 Division of child support rules Modification of a support order Allowing for modification of a support order when it will not change by more than the current standard. Contact Nancy Koptur, ESA. WSR 01-13-020

Filed 6/11/01

WAC 388-14A-4000 and 388-14A-6300 Division of child support rules Payments on child support arrearages Amending or adopting new rules as necessary, dealing with payments on child support arrearages. Contact Nancy Koptur, ESA. WSR 03-23-106

Filed 11/18/03

WAC 388-14A-4100, 388-14A-4110, 388-14A-4120, and 388-14A-4130 Division of child support rules Medical child support obligations Developing new rules and procedures for enforcing medical child support obligations using the National Medical Support Notice. Contact Nancy Koptur, ESA. WSR 02-02-021

Filed 12/21/01

ESA - Division of Employment and Assistance Programs
WAC 388-61-001 Family violence Family violence--Temporary assistance to needy families (TANF) Amending rules to align their intent with current practice. Contact June Hershey, ESA. WSR 02-24-068

Filed 12/3/02

WAC 388-273-0025, 388-273-0030, and 388-273-0035 Washington telephone assistance program (WTAP) Same Clarifying the payment limits for reimbursable services, and streamline the billing process. The amendment also adds community service voice mail as a WTAP benefit as provided for by chapter 134, Laws of 2003. Contact Steve Ebben, ESA. WSR 04-03-097

Filed 1/20/04

WSR 03-13-044

Filed 6/11/03

WAC 388-310-0350

and

388-484-0006

WorkFirst Sixty-month time limit -- Extensions Amending rules to clarify under what conditions a client may receive an extension past the sixty-month limit and cross-references the time limit extensions. Contact Ian Horlor, ESA. WSR 03-17-063

Filed 9/2/03

WSR 03-21-153

Hearing 11/25/03

WSR 03-24-057

Effective 1/1/04

WAC 388-310-1500, 388-310-2000, 388-410-0001, 388-436-0040, 388-440-0001, 388-444-0055, 388-450-0005, 388-450-0165, 388-466-0130, 388-478-0005, and 388-484-0005 Several chapters Corrections Amending rules to correct typographical errors and obsolete cross-references. Contact Patti Clark, ESA. Exempt WSR 03-23-112 and 04-02-055

Hearing 1/27/04

WAC 388-310-1600, and 388-310-1650 WorkFirst WorkFirst sanctions Reducing the number of steps in sanction and require a case staffing before the sanction is imposed. The child safety-net change removes the additional time in sanction after complying and increases the time a client would be in child safety-net while complying before removing the child safety-net. Contact Brent Low, ESA. WSR 01-23-02

Filed 11/20/01

WSR 04-03-095

Hearing 2/24/04

WAC 388-408-0025 Assistance units When can I choose who is in my TANF or SFA assistance unit? Amending the rule to clarify that the child's caretaker relative may choose to include no one in the grant but the child in this circumstance. Contact Patti Clark. WSR 03-19-032

Filed 9/9/03

P. Clark

WAC 388-408-0034 and 388-408-0035 Assistance units Same Amending rules to update program language and clarify whom in a residence must be in a client's assistance unit to comply with federal regulations. Contact John Camp, ESA. WSR 03-17-023

Filed 11/17/03

WSR 04-02-050

Hearing 2/10/04

WAC 388-412-0005 Benefit issuances General information about your basic food allotments Amending the rule to clarify the rule regarding receiving duplicate assistance in two assistance units or two states in the same month. Contact Patti Clark, ESA. WSR 03-23-108

Filed 11/18/03

WAC 388-414-0001 Categorical eligibility for food assistance Some food assistance units do not have to meet all eligibility requirements Amendment will reflect changes in WorkFirst support services that impact which clients are categorically eligible for food assistance and do not have to meet certain requirements to get food assistance benefits. Contact John Camp, ESA. WSR 02-09-074

Filed 4/16/02

WSR 04-04-076

Hearing 3/9/04

Chapter 388-416 WAC; and Certification periods; Reporting requirements for basic food and temporary assistance to needy families (TANF) Amending rules to reduce client reporting requirements under the department's simplified reporting initiative. Contact John Camp, ESA. WSR 03-17-085

Filed 8/19/03

Chapter 388-418 WAC;

other sections as necessary

Change of circumstances
WAC 388-418-0005 Change of circumstances What types of changes must I report for cash, basic food, and medical assistance? Amending the rule to comply with federal requirements for the food stamp program and to move portions of the text of the rule so program requirements will be more easily understood. Contact John Camp, ESA. WSR 04-02-073

Filed 1/7/04

Exempt WSR 04-02-072

Hearing 2/10/04

WAC 388-424-0005, 388-424-0010, and 388-424-0015 Citizenship, alien status Same Amending the rules to incorporate changes from federal law, and to revise the rule for clarity. Contact Tom Berry, ESA. WSR 03-03-007

Filed 1/6/03

WAC 388-426-0005 Client complaints Correction Correcting incorrect WAC or RCW cross-references without changing the effect of the rule. Contact Patti Clark, ESA. WSR 03-20-024

Filed 9/23/03

WSR 03-23-110

Hearing 12/23/03

WSR 04-03-050

Effective 2/15/04

WAC 388-434-0005 Eligibility review and recertification Correction Correcting an incorrect cross-reference without changing the effect of the rule. Contact Patti Clark, ESA. WSR 03-19-031

Filed 9/9/03

WAC 388-434-0005, 388-434-0010 and 388-452-0005 Eligibility review and recertification; Interview requirements Same Amending rules to clarify language and program requirements for the eligibility review process for cash and medical benefits, recertification process for basic food, and interview requirements for department programs. Contact John Camp, ESA. WSR 03-23-061

Filed 11/17/03

WAC 388-436-0002 Emergency cash assistance Additional requirements for emergent needs (ARENS) Reducing the maximum allowable payment to prevent overspending of state funds. Contact Amber Gillum, ESA. WSR 04-03-098

Filed 1/20/04

WSR 03-11-089

Filed 5/21/03

WSR 04-02-049

Hearing 2/10/04

WAC 388-436-0015 Emergency cash assistance Corrections Correcting incorrect WAC or RCW cross-references. Contact Patti Clark, ESA. WSR 03-20-031

Filed 9/23/03

WSR 03-24-055 and 04-02-057

Hearing 1/27/04

Chapter 388-444 WAC Food stamp employment and training Same Simplifying and updating language so that the rules are easier to read and use. Planned for future action
Chapters 388-446 and Fraud; Fraudulent actions; failure to cooperate with process Adopting rules to be consistent with federal requirements; updating program language and clarify the impact of fraudulent actions or failure to cooperate with the quality assurance process. Contact Amber Gillum, ESA. WSR 03-24-100

Filed 12/3/03

388-464 WAC Quality assurance
WAC 388-446-0005 and 388-446-0015 Fraud Corrections Correcting incorrect WAC or RCW cross-references. Contact Patti Clark, ESA. WSR 03-20-032

Filed 9/23/03

WSR 04-03-094

Hearing 2/24/04

Chapter 388-448 WAC Incapacity Individual responsibility plan requirements -- General assistance Developing new individual responsibility plan requirements for general assistance recipients enrolled in WorkPlus. Contact Steve Ebben, ESA. WSR 01-23-065

Filed 11/20/01

WAC 388-448-0001, 388-448-0010, 388-448-0020, 388-448-0030, 388-448-0120, 388-448-0160, 388-448-0170, 388-448-0180, 388-448-0190, 388-448-0200, and 388-448-0210 Incapacity General assistance--Unemployable (GAU) Anticipating legislation governing eligibility for the GAU program that may require changes in administrative rules. Contact Doug Sevin, ESA. WSR

04-03-010E

Filed 1/9/04

WSR 03-13-033

Filed 6/10/03

WSR 04-02-048

Hearing 2/10/04

WAC 388-448-0180 Incapacity How and when we redetermine your eligibility if we decide you are eligible for GAX Amending the rule to make reference to the correct type of hearing. "Administrative hearing" needs to be replaced by "appeals court review." Contact Glenda Lee, ESA. WSR 02-11-125

Filed 5/21/02

WAC 388-450-0015 Income Eligibility--Counting veterans benefits Amending the rule per federal regulations requiring that veteran's benefits paid to Vietnam veterans who have children with birth defects not be counted when the department determines eligibility for temporary assistance for needy families (TANF). Contact Patti Clark, ESA. WSR 03-18-098

Filed

9/2/03

WAC 388-450-0135 Income Allocating income of an ineligible spouse to a GAU client Simplifying how the department allocates income from an ineligible spouse to a general assistance recipient. Contact Veronica Barnes, ESA. WSR 02-08-054

Filed 4/1/02

WAC 388-450-0170 Income Corrections Correcting incorrect WAC or RCW cross-references. Contact Patti Clark, ESA. WSR 03-18-100

Filed 9/2/03

WSR 03-23-111

Hearing 12/23/03

WSR 04-03-051

Effective 2/15/04

WAC 388-450-0190 Income Excess shelter deduction Amending the rule to be consistent with federal requirements. Exempt WSR 04-04-075

Hearing 3/9/04

WAC 388-450-0200 Income Medical expenses income deduction for households with an elderly or disabled household member Adopting rules to be consistent with federal regulations for food stamps. This revision is intended to update program language, clarify when the department allows a medical expense as an income deduction, and correct references in the rule. Contact John Camp, ESA. WSR 03-19-033

Filed 9/9/03

WSR 03-23-109

Hearing 12/23/03

WSR 04-02-025

Effective 2/1/04

WAC 388-450-0215 Income Corrections Correcting editing errors that occurred in recent amendments to the rule. Contact John Camp, ESA. Expedited rule

WSR 04-01-031

Filed 12/8/03

Objection period ends

2/23/04

WAC 388-454-0006 and 388-454-0025 Living with a relative Background checks Revising rules on background checks on adults who are acting in loco parentis (in place of another) without court ordered custody. Contact Stephanie Del Camp, ESA. WSR 02-11-061

Filed 5/10/02

WAC 388-454-0010 Living with a relative Corrections Correcting information in the rule. Contact Patti Clark, ESA. Exempt WSR 03-24-056 and 04-03-010F

Hearing 1/27/04

WSR 04-05-012

Effective 3/8/04

Chapter 388-460 WAC Payees on benefit issuances Protective payee policies Proposing changes to protective payee policies. Contact Brent Low, ESA. WSR 01-23-067

Filed 11/20/01

WAC 388-468-0005 Residency Same Amending rules to prohibit the receipt of benefits from Washington state while receiving comparable benefits from another state. Contact Ken Adney, ESA. WSR 03-14-080

Filed 6/27/03

WAC 388-470-0040 Resources Correction Correcting incorrect WAC or RCW cross-references. Contact Patti Clark, ESA. WSR 03-20-033

Filed 9/23/03

WAC 388-472-0005 Rights and responsibilities What are my rights and responsibilities? Amending this rule to clarify information regarding requirements for receiving children's family medical, pregnancy medical, and SSI-related medical. Contact Patti Clark, ESA. WSR 03-19-035

Filed 9/9/03

WAC 388-472-0010 Rights and responsibilities Correction Correcting an obsolete WAC cross-reference. Contact Patti Clark, ESA. Exempt WSR 04-03-093

Hearing 2/24/04

WAC 388-474-0010 Supplemental security income Correction Correcting incorrect WAC or RCW cross-references. Contact Patti Clark, ESA. WSR 03-21-150

Filed 10/22/03

WAC 388-478-0015 Standards for payments Need standards for cash assistance Amending the rule to reflect new standards based on actual living costs. Contact Patti Clark, ESA. WSR 03-15-125

Filed 7/22/03

WSR 03-19-070

Hearing 10/21/03

WSR 03-23-116 and 03-24-059

Effective 1/1/04

WAC 388-478-0055 Standards for payments State supplemental payment program (SSP) Amending the rule adding the additional categories of Supplemental Security Income (SSI) recipients who get SSP and the payment amount. This change updates SSP payment amounts and includes payment amount information for calendar year 2004. Contact Carole McRae, ESA. WSR 04-02-011

Filed 12/29/03

WSR 03-18-101

Filed 9/2/03

WSR 03-21-124

Hearing 11/25/03

Supplemental, WSR 04-03-096

Hearing 2/24/04

Chapter 388-490 WAC Verification Proof of eligibility Streamlining the application process by standardizing how the department requests proof of eligibility. Contact Veronica Barnes, ESA. WSR 02-14-159

Filed 7/2/02

Chapter 388-492 WAC Washington combined application program (WASHCAP) Same Changing rules to comply with a revised federal waiver. The new rules will further define WASHCAP eligibility. Contact Carole McRae, ESA. WSR

04-05-003

Filed 2/5/04

WSR 04-04-097

Filed 2/3/04

WAC chapter not yet specified Client reporting requirements Implementing quarterly reporting for clients. Planned for future action
WAC chapter not yet specified Overpayments to clients Eliminating overpayments caused by agency error and amending all related rules. Contact Veronica Barnes, ESA. WSR 00-09-036

Filed 4/14/00

HEALTH AND REHABILITATIVE SERVICES ADMINISTRATION (HRSA)
HRSA - Division of Alcohol and Substance Abuse (DASA)
No current rule-making activity
HRSA - Division of Vocational Rehabilitation (DVR)
Chapter not specified Background checks for DVR service providers Background checks for DVR service providers Adopting rules on background checks for Division of Vocational Rehabilitation (DVR) service providers who have unsupervised access to DVR clients. Contact Susan Hartman, HRSA-DVR. WSR 03-24-101

Filed 12/3/03

HRSA - Mental Health Division (MHD)
WAC 388-865-0100 through 388-865-0484 Community mental health and involuntary treatment programs Community support service providers Revising rules to be consistent with the federal Balanced Budget Act, and for quality improvement. Contact Karie Castleberry, HRSA-MHD. WSR 03-08-077

Filed 4/1/03

WAC 388-865-0400 Series Community mental health and involuntary treatment programs Adult residential treatment facility certification Revising the rules to be consistent with rules of the state Department of Health. Contact Kathy Burns Peterson, HRSA-MHD. WSR 03-17-062

Filed 8/16/03

WAC 388-865-0465 (new) Community mental health and involuntary treatment programs Adult residential treatment facility certification -- Additional standards A new rule developed to be consistent with the Residential Treatment Facilities rules of the Department of Health. Contact Kathy Burns Peterson, HRSA-MHD. WSR 03-17-062

Filed 8/16/03

WSR 03-22-090

Hearing 12/9/03

WSR 04-01-091

Effective 1/16/04

WAC 388-865-0500 through 388-865-0565 Community mental health and involuntary treatment programs Inpatient evaluation and treatment Revising rules to be consistent with Department of Health rules on residential treatment facilities. Contact Kathy Burns Peterson, HRSA-MHD. WSR 03-07-041

Filed 3/13/03

K. Burns Peterson

WSR 03-18-103

Hearing 10/21/03

HRSA - Special Commitment Center
No current rule-making activity

HRSA - Office of Deaf and Hard of Hearing Services
No current rule-making activity
JUVENILE REHABILITATION ADMINISTRATION (JRA)
Chapter 388-700 WAC Juvenile rehabilitation administration--Practices and procedures Background checks Potential revisions due to changes in background check procedures. Contact Cheryl-Sullivan Colglazier, JRA.

Planned for future action
Chapter 388-745 WAC Transfer of juvenile offenders to the Department of Corrections (DOC) Transfers to DOC Potential revisions due to changes in transfer procedures. Contact Cheryl-Sullivan Colglazier, JRA. Planned for future action
Chapter 388-750 WAC Impact account -- Criminal justice cost reimbursement Reimbursement rates and procedures for criminal justice impact Potential rule changes to clarify reimbursement rates. Contact Cheryl-Sullivan Colglazier, JRA. Planned for future action
MANAGEMENT SERVICES ADMINISTRATION (MSA)
Chapter 388-02 WAC DSHS hearing rules Same Revising rules to clarify or modify the right to review by the DSHS Board of Appeals of interim and initial orders entered by Office of Administrative Hearings of certain cases; to clarify and simplify the rules, to make rules consistent with statutes and court decisions; and to update WAC and RCW references. Contact Brian Lindgren, MSA. WSR 03-23-113

Filed 11/18/03

WSR 03-21-149

Filed 10/22/03

Chapter 388-03 WAC Certification of DSHS spoken language interpreters and translators Same Updating the chapter's references to units of DSHS (such as Language Interpreter Services and Translations, or LIST) that have been reorganized and renamed, to change timeframes for DSHS mailing of letters notifying applicants of their test dates, and other needed changes. Contact Brian Lindgren, MSA. WSR 04-01-142

Filed 12/19/03

MEDICAL ASSISTANCE ADMINISTRATION (MAA)
WAC chapter not designated Medical Nutrition Program Possible new WAC chapter Establishing the Medical Nutrition Program in rule; setting requirements, limitations and restrictions for the program. Contact Kathy Sayre, MAA. WSR 03-18-102

Filed 9/2/03

WAC 388-416-0005; Certification periods; Children and family medical programs--Eligibility Implementing legislation initiating a six-month eligibility review and eliminating continuous eligibility for children.

Proposed WAC 388-418-0005 withdrawn, see WSR 04-02-052, filed 1/5/04. Contact Mary Wood, MAA.

WSR 03-21-004

Filed 10/22/03

WSR 03-14-077

Filed 6/27/03

WSR 03-19-068

Hearing 10/21/03

WSR 04-03-019

Effective

2/12/04

WAC 388-418-0005 and 388-418-0025; Change of circumstance;
WAC 388-434-0005 Eligibility review and recertifications
WAC 388-438-0100, 388-438-0110; and Emergency assistance for medical needs; Alien emergency medical Amending the rule to eliminate coverage for organ transplants and related coverage. Contact Joanie Scotson, MAA. WSR 03-22-027

Filed 10/28/03

WSR 03-10-088

Filed 5/6/03

(WAC 388-438-0110 only) WSR 03-20-074

Hearing 11/4/03

WSR 03-24-058

Effective 1/1/04

WAC 388-503-0505 Persons eligible for medical assistance
Chapter 388-450 WAC; Income; Supplemental security income (SSI) Combining SSI-related medical eligibility rules into chapter 388-475 WAC for easier reference and to revise the rules for clarity. Contact Mary Beth Ingram, MAA. WSR 00-12-079

Filed 6/6/00

WSR 03-20-076, 03-20-077, 03-20-078, and 03-20-079

Hearing 11/4/03

Chapter 388-475 WAC; and Healthcare for workers with disabilities program;
Chapter 388-511 WAC SSI-related medical eligibility
WAC 388-478-0080 Standards for payments Supplemental Security Income (SSI) - categorically needy income level and countable resource standards Revising the rule to qualify for continued federal financial participation. Contact Wendy Forslin, MAA. WSR 04-02-012

Filed 12/29/03

WSR 03-08-085

Filed 4/1/03

WAC 388-478-0085 Standards for payments Medicare savings program Amending the rule to adopt new federal poverty level standards effective April 1, 2003. Contact Wendy Forslin, MAA. WSR 03-24-029

Filed 11/24/03

WSR 03-08-081

Filed 4/1/03

WAC 388-500-0005; and

Medical definitions;

"Medically necessary" definition Amending the definition of "medically necessary" to incorporate the use of medical information that is supported by scientific evidence in its determination of services. Amending WAC 388-501-0165 to be consistent with the medically necessary definition. Contact Ann Myers, MAA. WSR 02-24-010

Filed 11/22/02

WSR 03-22-088 and 03-22-089

Hearing 12/9/03

Continuance filed WSR 04-01-043 and 04-01-044

WAC 388-501-0165 Administration of medical programs -- General
WAC 388-501-0135 Administration of medical programs Patients requiring regulation Amending policy to improve medical supervision of patients who inappropriately overuse medical and pharmaceutical services. Contact Wendy Boedigheimer, MAA. WSR 03-20-058

Filed 12/27/02

WSR 03-20-073

Hearing 11/4/03

WSR 04-01-099

Effective 1/16/04

WAC 388-502-0220, 388-502-0230, and 388-502-0260 Administration of medical programs -- Providers Vendor dispute resolution Updating the vendor dispute resolution process. Contact Kevin Sullivan, MAA.

WSR 01-16-135

Filed 7/31/01

WAC 388-505-0211 Premiums -- Children's medical Same Adopting language required to implement the premium requirement for optional children as allowed by HB 2285 (chapter 14, Laws of 2003). Contact Joanie Scotson, MAA. WSR 03-14-079

Filed 6/27/03

WSR 03-21-152

Hearing 11/25/03

WAC 388-513-1325 Client not in own home -- Institutional medical Income of a single client for long-term care services Adding income requirements currently found in other rules; correcting incorrect WAC cross-references. Contact Mary Beth Ingram, MAA. WSR 02-24-070

Filed 12/3/02

WAC 388-513-1340; and Client not in own home -- Institutional medical; Income exclusions Clarifying that veterans aid and attendance and unusual medical expense can be considered third-party resources. Contact Mary Beth Ingram, MAA. WSR 03-08-086

Filed 4/1/03

WAC 388-450-0020 Income
WAC 388-513-1350 and 388-513-1380 Client not in own home -- Institutional medical Maximum resources allowed and client participation for long-term care services Amending the rules to reduce the maximum resource allocation for the community spouse; and increase the community spouse standards for long-term care program to be consistent with federal standards effective April 1, 2003. Contact Mary Beth Ingram, MAA. See also ADSA-HCS rules. WSR 04-02-013

Filed 12/29/03

WSR 03-15-049

Filed 7/11/03

WSR 03-24-102 and 04-02-056

Hearing 1/27/04

WSR 04-04-072

Effective 3/4/04

Chapter 388-526 WAC MAA administrative hearings Same Amending this WAC chapter to better define the scope of this rule and to add procedural requirements to MAA's client hearing process. Contact Kevin Sullivan, MAA. WSR 04-04-096

Filed 2/3/04

WAC 388-527-2700 Estate recovery Same Implementing changes from new federal guidelines and chapter 7, Laws of 2001 on estate recovery. Contact Wendy Boedigheimer, MAA. WSR 02-02-052

Filed 12/27/01

WAC 388-530-1300 Prescription drugs Same Amending rules requiring pharmacies to dispense the most "cost-effective" form of a drug. Contact Wendy Boedigheimer, MAA. WSR 03-11-086

Filed 5/20/03

WSR 03-20-075

Hearing 11/4/03

WSR 04-01-089

Effective 1/16/04

WAC 388-530-1850 Prescription drugs Drug Utilization and Education (DUE) Council Renaming the Drug Utilization and Education Council to the Pharmacy and Therapeutics Committee per chapter 29, Laws of 2003. Contact Wendy Boedigheimer, MAA. WSR 04-03-089

Filed 1/20/04

WAC 388-531-0275 Physician-related services Medical teaching and residency Revising rules to remain current with medical teaching and residency programs. Contact Wendy Boedigheimer, MAA. WSR 03-08-084

Filed 4/1/03

Chapter 388-532 WAC Family planning services Same Revising rules to better identify persons eligible for family planning services. Second public hearing held October 7, 2003. Contact Wendy Boedigheimer, MAA. WSR 02-09-048

Filed 4/12/02

Original: WSR 03-12-067

Supplemental: WSR 03-18-108

Hearing 10/7/03

Chapter 388-533 WAC Maternity-related services Maternity services and First Steps Changing eligibility criteria for infant case management, defining core services, changing codes and time limits for billing, integrating maternity case management with maternity support services, and creating a separate rule for childbirth education. Contact Wendy Boedigheimer, MAA. WSR 03-15-124

Filed 7/11/03

Chapter 388-533 WAC Maternity-related services Same Adopting rules on the chemical-using pregnant (CUP) women program, which assists pregnant women in maintaining sobriety to ensure healthier birth outcomes. Contact Kevin Sullivan, MAA. WSR 03-11-085

Filed 2/50/03 [5/20/03]

Chapter 388-535A WAC Orthodontic services Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) Revising rules to update and clarify existing policy regarding orthodontic services, including program definitions, provider requirements, expedited prior authorization, and reimbursement; and to incorporate federal HIPAA requirements into permanent rule. Contact Kathy Sayre, MAA. WSR 04-04-073

Filed 2/2/04

WSR 03-20-103

Filed 9/30/03

Chapter 388-536 WAC Federally qualified health centers and rural health centers Same Adopting a new WAC chapter will comply with federal financial changes, section 702 of BIPA 2000, and legislative directive to implement prospective payment system. Contact Wendy Boedigheimer, MAA. WSR 02-06-088

Filed 3/1/02

WAC 388-538-060 Managed care Managed care and choice Amending the rule to make the process of enrolling for Medicaid managed care more efficient and to simplify the administrative process. Contact Ann Myers, MAA. WSR 03-16-020

Filed 7/28/03

WAC 388-538-063; and Managed care Medical care services management pilot project Implementing a medical care services management pilot project for clients who receive general assistance (GAU) benefits, designed to maximize care coordination, high-risk medical management, and chronic care management to achieve better health outcomes. The pilot project to be operated in King and Pierce counties. Contact Wendy Boedigheimer, MAA. WSR 04-04-095

Filed 2/3/04

WAC 388-505-0110 Premiums -- Children's medical
WAC 388-538-112 Managed care MAA fair hearing process for enrollee appeals of managed care organization (MCO) actions Amending the rule to include DSHS as party to hearings - language inadvertently left out of previous adoption. Contact Ann Myers, MAA. WSR 03-21-151

Filed 10/22/03

WAC 388-542-0100, 388-542-0125, 388-542-0500 Children's health insurance program (CHIP) Corrections Correcting incorrect WAC cross-references. Contact Ann Myers, MAA. Expedited Rule WSR 03-19-067

Filed 9/12/03

Objection period ended

11/17/03

Chapter 388-546 WAC Nonemergency medical transportation Same Clarifying language and current policy for nonemergent medical transportation services. Contact Allen Richards, MAA. WSR 03-08-023

Filed 3/26/03

Chapter 388-546 WAC Nonemergency medical transportation Same Updating and clarifying existing policy regarding emergency transportation services; aligning policy with Medicare policy and adding new sections on trauma supplemental payment, and other revisions. Contact Wendy Boedigheimer, MAA. WSR 04-02-060

Filed 1/6/04

Chapter 388-550 WAC Hospital services Outpatient hospital services--Payment methods Implementing a new Medicaid payment method for outpatient hospital services provided to Medicaid clients. The outpatient prospective payment system (OPPS) uses claims and cost data to calculate payments for outpatient hospital services provided to eligible medical assistance clients. Contact Kathy Sayre, MAA. WSR 04-03-092

Filed 1/20/04

WAC 388-550-1900 Hospital services Interns, residents, teaching physicians and physician preceptorships Amending rules to be consistent with industry standards; establishing MAA standards for supervising interns and residents in nonhospital settings; and expanding definition of "under primary care" exception. Contact Wendy Boedigheimer, MAA. WSR 02-06-084

Filed 3/1/02

WAC 388-550-2598 Hospital services Critical access hospitals Revising the method for cost settlement for services provided to clients eligible under the department's managed care programs to ensure that critical access hospitals receive the correct level of reimbursement. Contact Kathy Sayre, MAA. WSR 04-01-141

Filed 12/19/03

WAC 388-550-2800, 388-550-4800, 388-550-5450 (new) and 388-550-6000; Hospital services; Trauma services network Adopting rules to encourage participation in the trauma services network. Contact Kathy Sayre, MAA. WSR 03-04-087

Filed 2/2/03

Chapter 388-531 WAC; and Physician-related services; and
Chapter 388-546 WAC Medical transportation
WAC 388-550-2800 and 388-550-2900 Hospital services Newborn infant screening Incorporating into rule certain newborn screening tests to the newborn metabolic screening panel and lists the specific disorders the screening tests can detect. Tests were approved through legislative direction and are to be performed for medical assistance clients in conjunction with the Department of Health (DOH). Contact Kathy Sayre, MAA. WSR 04-03-091

Filed 1/20/04

WAC 388-550-4800 Hospital services Diagnosis-related group (DRG) high-cost outliers; Medically indigent program; General assistance-unemployable program Clarifying how MAA determines payments for state-administered program claims that qualify as diagnosis-related group (DRG) high-cost outliers; removing language regarding enhanced payments for trauma care provided to a client eligible under the medically indigent (MI) program or general assistance-unemployable (GAU) program; adding a table that shows high-cost outlier calculations for qualifying claims for state-administered programs. Contact Kathy Sayre, MAA. WSR 03-13-089

Filed 6/16/03

WAC 388-550-4900, 388-550-5000, 388-550-5100, and 388-550-5200; possible new sections in this chapter Hospital services Disproportionate share hospital (DSH) programs Adopting and amending rules to incorporate small rural indigent DSH and nonrural indigent DSH programs and establish payment calculation methods for these programs; clarifying and updating payment methods for other DSH programs; adopting a new section on an administrative appeal process for DSH program participants. Contact Kathy Sayre, MAA. WSR 04-03-090

Filed 1/20/04

Chapter 388-551 WAC Alternatives to hospital services Home health services Updating and clarifying current program policy and to establish a tiered health care plan that includes a continuum of home health care. Contact Kathy Sayre, MAA. WSR 04-02-061

Filed 1/7/04

WAC 388-551-1000, 388-551-1010, 388-551-1200, 388-551-1210, 388-551-1300, 388-551-1310, 388-551-1315, 388-551-1320, 388-551-1330, 388-551-1340, 388-551-1350, 388-551-1360, 388-551-1400, 388-551-1410, 388-551-1500, 388-551-1510, 388-551-1520, and 388-551-1530 Alternatives to hospital services Hospice care program Incorporating language from current agreements with hospice care centers into rule, and to update and clarify language. Contact Kathy Sayre, MAA. WSR 01-03-095

Filed 1/18/01

Chapter 388-553 WAC (new) Home infusion therapy/parenteral nutrition program Eligibility and coverage standards New rule to establish standards of eligibility and coverage for home infusion therapy and parenteral nutrition that will provide eligible clients access to these services. Contact Kathy Sayre, MAA. WSR 03-10-049

Filed 5/1/03

WSR 03-24-103 and 04-02-055

Hearing 1/27/04

Chapter 388-554 WAC (new) Medical nutrition program Same Establishing the Medical Nutrition Program in rule; setting requirements, limitations and restrictions for the program WSR 03-18-102

Filed 9/2/03

Chapter 388-555 WAC Interpreter services Purchase and service delivery Changing how interpreter services are purchased and delivered. Implements 2002 legislative directives in SB 6832. Contact Myra Davis, MAA. WSR 02-11-027

Filed 5/21/02

Chapter 388-01 WAC DSHS organization/disclosure of public records Same Updating and clarifying current rules to reflect changes and improvements in procedures for responding to public requests for disclosure of records. Contact Kristal Wiitala Knutson, Office of the Secretary. WSR 02-01-007

Filed 12/7/01

Chapter 388-06 WAC Background checks Same Revising background check rules to incorporate additional DSHS programs. Contact Jackie Beery, Background Check Central Unit. Planned for future filing
WAC 388-720-0020 Collection of costs of support, treatment and confinement of juveniles in custody Cost reimbursement schedule Amending the rule to clarify "ability to pay" to help determine a responsible party's cost of support, treatment or confinement of a juvenile in custody. Contact Bill Stoner, Financial Services. WSR 03-18-099

Filed 9/2/03

WSR 03-23-020 and 04-02-059

Hearing 1/27/04


Explanation of selected terms used in these tables:


A "Preproposal Notice" is a CR-101 Preproposal Statement of Inquiry, filed under RCW 34.05.310. This is a preliminary notice to the public that the agency is in the planning stages to adopt, amend or repeal rules on a particular subject, and the laws authorizing the agency's action. The notice also lets the public know how to participate in the development of the agency rule, and identifies the agency's contact person. "CR" stands for Code Reviser.


A "Proposed Rule" is a CR-102 Proposed Rule-Making notice, filed under RCW 34.05.320. The proposed rule notice is an announcement that includes: (1) A general description of the rules that the agency proposes to adopt, amend or repeal; (2) the laws authorizing the agency action; (3) the complete text of proposed rules; (4) if applicable, a small business economic impact statement; and (5) agency staff that the public may contact about the proposed rules. A proposed rule notice also includes the date and location of a public hearing to take formal comments about the proposed rules, the deadline for written comments, and where written comments may be sent.


An "Expedited Rule" is a CR-105 Expedited Rule-Making notice, filed per RCW 34.05.353. An agency may use this process to notify the public that it intends to adopt, amend or repeal very limited types of rules without accepting public comments or holding a public hearing. An expedited rule notice contains a description of the rule, the laws authorizing the agency's action, and the complete text of the proposed new or amended rule, or the citation and caption of rules being repealed. Within 45 days after the expedited rule notice is published in the State Register, anyone may file a written objection to the agency using the expedited rule-making process to adopt the rule. If a written objection is received, the agency must file a CR-102 proposed rule-making notice, invite public comments and hold a public hearing on the proposed rule before adopting it as permanent. If no objection is received by the deadline, the agency may adopt the rule as permanent by filing a CR-103 permanent rule-making order.


A "Permanent Rule" is a CR-103 Rule-Making Order, filed under RCW 34.05.360 and 34.05.380. A permanent rule is the official notice that an agency is adopting as final new, amended or repealed rules, completing the rule-making process. A permanent rule order includes the purpose of the rule-making order, the laws authorizing the agency's action, and when the permanent rules will take effect. The permanent rule includes the complete text of the new or amended rules, or the citation and caption of rules being repealed. Agencies also may use a CR-103 notice form to adopt temporary emergency rules (see below).


An "Emergency Rule" is also a CR-103 Rule-Making Order, filed under RCW 34.05.350 and 34.05.380. An emergency rule may be used to meet an urgent public health, safety or welfare need, or if the rule is immediately to meet a requirement of a federal or state law, or a deadline for receiving federal funds. Emergency rules take effect as soon as they are filed with state Code Reviser, or a later date if appropriate, and are effective for 120 days. Emergency rules may be extended in certain circumstances. Emergency rules may not become permanent rules unless the agency files a preproposal notice and/or a proposed rule notice as applicable, invites public comment on the proposed rules, conducts a public hearing, and complies with other applicable rule-making statutes.


"Rules" as used generally in this document are the Washington Administrative Code, also known as WAC or regulations, and are adopted by state agencies according to the Administrative Procedure Act, chapter 34.05 RCW. References to "federal rules" are United States government regulations, also known as the Code of Federal Regulations, or C.F.R.


State "Statutes" are laws adopted by the Legislature and signed by the Governor, or may be initiatives adopted by the state's voters, and are codified as the Revised Code of Washington (RCW). Recent state laws may also be identified as "session laws," for example: "chapter 140, Laws of 2003," or by legislative bill numbers, such as "ESSB 6387."


All DSHS rule-making notices and adoption orders are filed with the state Office of the Code Reviser for legal publication in the Washington State Register, and are available to the public. Interested persons, businesses, organizations, local governments and agencies may receive copies of DSHS rule-making notices by postal mail or e-mail by contacting Fred Swenson at the DSHS Rules and Policies Assistance Unit, (360) 664-6097, or at SwensFH@dshs.wa.gov. This document is also available from the DSHS public website, at http://www1.dshs.wa.gov/msa/rpau/.

Andy Fernando

Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office