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.

     If you have questions about this rule-making agenda or the DSHS rule-making process, please contact Andy Fernando, Manager, DSHS Rules and Policies Assistance Unit, at P.O. Box 45850, Olympia, WA 98504-5850, by phone at (360) 664-6094, or by e-mail FernaAX@dshs.wa.gov. If you are interested in receiving DSHS rule-making notices, please contact Fred Swenson, Rules Consultant, at the DSHS Rules and Policies Assistance Unit by phone at (360) 664-6097 or by e-mail at SwensFH@dshs.wa.gov.

     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 agenda.

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	Pro- posed Rule	Perma- nent (Final) Rule
Aging and Disability Services Administration (ADSA)
Division of Developmental Disabilities (DDD)
Chapter 388-824 WAC (new)	Chapter name not determined	Developmental disabilities assessment process	Adopting rules to develop an assessment process; defining requirements for administering a newly developed mini-assessment to DDD-eligible clients; and for providing information and referral services to those clients. Contact John Gaskell, ADSA-DDD.		WSR 04-23-103 Filed 11/16/2004
Chapter 388-825 WAC	DDD services rules	New home and community based services waivers	Amending rules to implement new Home and Community Based Services (HCBS) waivers from the federal Centers for Medicare and Medicaid Services to provide services for eligible persons with developmental disabilities. See also new chapter 388-845 WAC. Contact Steve Brink, ADSA-DDD.	WSR 04-23-084 Filed 11/16/2004	WSR 03-20-103 Filed 9/30/2004
WAC 388-825-030, 388-825-035, 388-825-040, 388-825-045, 388-825-055, and 388-825-200 through 388-825-256	DDD services rules	Eligibility criteria	Revising rules to change eligibility criteria for conditions such as epilepsy, autism, and other neurological conditions; and to align rules with Part C of the Individual with Disabilities Education Act (IDEA). Contact Sue Poltl, ADSA-DDD. (These eligibility rules will be in a new chapter 388-823 WAC with a planned effective date of July 1, 2005. In the interim, emergency rules were filed for WAC 388-825-030 (6)(b) to change ICAP review criteria to protect adults in paid services and to incorporate draft rules for ICAP scoring for persons deemed ineligible upon review under current rules.)	WSR 04-23-086 Filed 11/16/2004 (WAC 388-825-030 only)	WSR 02-07-107 Filed 3/20/2002
WAC 388-825-055, 388-825-060, 388-825-064, 388-825-070, 388-825-075, 388-825-076, 388-825-077, 388-825-078, 388-825-085, 388-825-086, 388-825-087, 388-825-090, 388-825-095, 388-825-103, and	DDD services rules	Same	Eliminating direct payment for employment/day program services and returning the funding to the county contracts. Contact Steve Brink, ADSA-DDD.	WSR 05-01-123 Filed 12/15/2004	WSR 04-24-046 Filed 11/29/2004
388-850-035, 388-850-045	County plan for developmental disabilities
Chapter 388-826 WAC	Voluntary placement program (VPP)	Foster care rate assessment and structure	Adding a new section to chapter 388-826 WAC to include the DDD-VPP foster care rate assessment and structure. Contact Linda Gil, ADSA-DDD.		WSR 04-17-104 Filed 8/17/2004
WAC 388-827-0115, 388-827-0145	State supplementary payment program (SSP)	Same	Expanding the SSP population to include SSI recipients who are under age eighteen at the time of their initial comprehensive assessment between September 2003 and August 2004; to limit SSP to certain individuals who received SSI before June 30, 2003; and to limit the amount of SSP to former family support recipients to the rate in effect when the funding source was changed to SSP. Contact Steve Brink, ADSA-DDD. Note: New CR-101 filed to replace notice filed as WSR 04-24-047.	WSR 05-01-124 Filed 12/15/2004	WSR 05-02-067 Filed 1/4/2005 Replaces withdrawn notice WSR 04-24-047, See WSR 05-02-066
Chapter 388-835 WAC	ICF/MR program and reimbursement system	Same	Amending language to reflect new rates.		Planned for future action
Chapter 388-845 WAC (new)	DD home and community based waiver services	Same	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 04-20-018 Filed 9/27/2004	WSR 03-20-103 Filed 9/30/2003
Chapter 388-850 WAC	County plan for developmental disabilities	Same	Rewriting rules in clear rule format and clarifying language.		Planned for future action
Home and Community Services (HCS)
Chapter 388-71 WAC; Chapter 388-72 WAC; Chapter 388-106 WAC (new)	Home and community services; CARE (Comprehensive assessment reporting and evaluation) tool; Long-term care services	Reorganizing current long-term care rules into a new chapter 388-106 WAC	Phasing out rules that no longer apply due to full implementation of CARE, and adopting a new chapter 388-106 WAC. Reorganizing, streamlining and clarifying rules as appropriate. Contact Brooke Buckingham, ADSA-HCS.		WSR 04-19-100 Filed 9/20/2004
WAC 388-71-0734	Home and community services and programs	Limiting expenditures	Removing the moratorium on new contracts with adult day health centers. Contact Tiffany Sevruk, ADSA-HCS.		WSR 04-19-100 Filed 9/20/2004	WSR 04-23-068 Hearing 12/22/2004	WSR 05-02-063 Effective 02/4/2005
WAC 388-71-0900 through 388-71-0965	Home and community services and programs	Private-duty nursing	Amending rules to clarify the intent of WAC 388-71-0900 through 388-71-0965. Contact Sue McDonough, ADSA-HCS.		WSR 04-07-061 Filed 3/11/2004
Chapter 388-106 WAC (new); other related chapters	Long-term care services	Same	Adopting new rules to clarify services eligibility, including denial and termination; amending current rules to ensure clarity; incorporating other policy changes as appropriate. Contact Tiffany Sevruk, ADSA-HCS.		WSR 05-01-128 Filed 12/15/2004
Office of Rates Management
Chapter 388-105 WAC	Medicaid rates for contracted home and community residential care services	Additional payments from clients, friends or family	Adopting rules on when a contracted facility may accept an additional payment from the client, the client's friend or family for an amenity, or an item or service that is not covered by Medicaid rates. Contact Patricia Hague, ADSA-Rates Management.		WSR 04-10-089 Filed 5/4/2004
Chapter 388-105 WAC	Medicaid rates for contracted home and community residential care services	Vendor rate increase; bed-hold rules	Codifying the vendor rates increase for certain contracted facilities; and amending the bed-hold rules for contracted facilities seeking a third-party payment to hold a bed or unit for twenty-one days or longer. Contact Patricia Hague, ADSA-Rates Management.		WSR 04-20-100 Filed 10/5/2004 Replaces WSR 04-06-088
Residential Care Services (RCS)
WAC 388-97-125	Nursing homes	Physician services	Amending the rule to be consistent with recent federal clarification on the regulatory differences concerning physician delegation of tasks in skilled nursing facilities and nursing facilities. Contact Lisa Yanagida, ADSA-RCS.		WSR 04-06-055 Filed 3/1/2004	WSR 04-20-042 Hearing 11/9/2004	WSR 04-23-085 Effective 12/17/2004
Chapter 388-820 WAC	Community residential services and support	Home and community based services	Amending rules in this chapter to be consistent with other rules implementing the Home and Community Based Services waiver. Contact Jill Young, ADSA.		WSR 04-13-106 Filed 6/21/2004	WSR 04-19-022 Hearing 10/26/2004	WSR 04-23-070 Effective 12/16/2004
Chapter 388-820 WAC	Community residential services and support	Same	Adding new language and/or sections concerning: Health and safety, community protection program, assessments, restrictive procedures, inspections, enforcement remedies, appeals, agency finances, client rights, abuse and neglect reporting, individual financial plans, and to comply with federal requirements. Contact Jill Young, ADSA-RCS.		WSR 05-01-127 Filed 12/15/2004
Children's Administration
Chapter 388-25 WAC	Child welfare services -- Foster care	State supplemental payment program	Development of new rules.		Planned for future action
WAC 388-25-0225, 388-25-0226, 388-25-0227, 388-25-0228, and 388-25-0230	Child welfare services -- Foster care	Exemptions to referral to division of child support	Revising rules to extend the exemption of good cause to instances where the best interest of the child is a determining factor when a referral to the Division of Child Support (DCS) is being considered for children in foster care placements and when the foster child is an adopted child receiving adoption assistance payments. Contact Jean Croisant, Children's Administration.	WSR 04-23-038 Filed 11/9/2004	WSR 04-08-068 Filed 4/5/2004	Proposed rule to be filed in January 2005
WAC 388-25-1000, 388-25-1010, 388-25-1020, 388-25-1030, 388-25-1040, and 388-25-1050	Child welfare services -- Foster care	State supplemental payments	Adopting new rules to allow state supplemental payments to eligible children in foster care who receive federal supplemental security income (SSI). Contact Cindy Beckman, Children's Administration.	WSR 04-23-024 Filed 11/8/2004	WSR 04-07-059 Filed 3/11/2004
Chapter 388-39A WAC	Child welfare services -- Complaint resolution	Same	Revise rules related to Children's Administration constituent relations.		Planned for future action
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 11/5/2003
WAC 388-145-0100 and 388-145-0230	Licensing requirements for emergency respite centers	Emergency respite centers	Clarifying language in emergency respite center sections to be consistent with licensing rules for other facilities. Contact Jean Croisant, Children's Administration.		WSR 04-18-069 Filed 8/30/2004
Chapter 388-147 WAC (new)	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 10/27/2004	WSR 04-18-048 Hearing 10/26/2004	WSR 05-01-075 Effective 1/9/2005
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 7/17/2001
WAC 388-160-0075 and 388-160-0195	Licensing requirements for overnight youth shelters	Same	Clarifying language in emergency respite center sections to be consistent with licensing rules for other facilities. Contact Jean Croisant, Children's Administration.		WSR 04-18-067 Filed 8/30/2004
Economic Services Administration (ESA)
Community Services Division (CSD)
No current rule-making activity
Division of Child Care and Early Learning (DCCEL)
Chapter 388-151 WAC, repeal all sections and moving subject matter to 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-DCCEL.		WSR 03-20-025 Filed 9/23/2003
Chapter 388-290 WAC	Working connections child care (WCCC)	Correcting errors	Amending rules to add clarity and correct typographical errors and other inadvertent errors made during previous revisions. Contact Lisa Lind, ESA-DCCEL.		WSR 04-13-046 Filed 6/10/2004
WAC 388-290-0200 and 388-290-0205	Working connections child care (WCCC)	Child care reimbursement rates	Increasing the maximum rates DSHS will pay licensed centers and family home providers in Spokane County legislative directive through June 30, 2005. Contact Lisa Lind, ESA-DCCEL.	WSR 04-21-024 Filed 10/13/2004	WSR 04-19-102 Filed 9/20/2004
Chapter 388-295 WAC	Minimum licensing requirements for child care centers	Correcting errors and clarifying rules	Amending rules to add clarity and correct typographical errors and other inadvertent errors made during previous revisions.		Planned for future action
Chapter 388-296 WAC	Minimum licensing requirements for family home child care	Correcting errors and clarifying rules, and revising regulations related to fire safety	Amending rules to add clarity and correct typographical errors and other inadvertent errors made during previous revisions. Also, revising the regulations related to fire safety, taking into consideration new recommendation of the state Fire Marshal.		Planned for future action
Division of Child Support (DCS)
Chapter 388-14A WAC	Division of Child Support rules	Collecting interest on interstate support orders	Adopting rules required by federal law to enforce interest on unpaid support arrears at the request of another state. Contact Nancy Koptur, ESA-DCS.		WSR 04-07-113 Filed 3/18/2004
WAC 388-14A-1020 and 388-14A-2810	Division of Child Support rules	Dependent children	Revising the definition of "dependent child" to make rules consistent with rules on eligibility for temporary assistance to needy families (TANF) for children older than age eighteen. Contact Nancy Koptur, ESA-DCS.		WSR 04-06-053 Filed 3/1/2004
WAC 388-14A-1020, 388-14A-3140, 388-14A-3370, 388-14A-3600, 388-14A-3810, 388-14A-6300, and other related rules	Division of Child Support rules	Court ordered parenting plan	Establish rules to deal with situations when a court-ordered parenting plan sets a child's residential schedule so that the child spends an equal amount of time with each parent (a "50-50 custody split"). Contact Nancy Koptur, ESA-DCS.		WSR 04-09-036 Filed 4/13/2004
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-DCS.		WSR 02-03-010 Filed 1/4/2002
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-DCS.		WSR 03-23-107 Filed 11/18/2003
WAC 388-14A-3350	Division of Child Support rules	Nonassistance claims for child support	Revising the rule to start a nonassistance claim as of the date the custodial parent applies for services, rather than when the department receives an application from another agency. Contact Nancy Koptur, ESA-DCS.		WSR 04-19-130 Filed 9/21/2004
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; and rules and procedures regarding prospective modification of administrative support orders. Contact Nancy Koptur, ESA-DCS.		WSR 03-22-054 Filed 10/31/2003
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-DCS.		WSR 01-13-020 Filed 6/11/2001
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-DCS.		WSR 03-23-106 Filed 11/18/2003
WAC 388-14A-4119, 388-14A-4180 (new)	Division of Child Support rules	National medical support notice	Adopting new rules conforming to federal law concerning deadlines for DCS to sending an employer a national medical support notice; and for informing the DSHS Medical Assistance Administration of a child support order. Contact Nancy Koptur, ESA-DCS.	WSR 04-20-001 Filed 9/22/2004	WSR 04-19-129 Filed 9/21/2004
WAC 388-14A-4304	Division of Child Support rules	Typographical correction	Expedited rule-making. Correcting the word "lay" to "law" in subsection (1) of the rule. Contact Nancy Koptur, ESA-DCS.			Expedited Rule Notice WSR 05-02-019 Filed 12/27/2004	Objection deadline 3/7/2005
WAC 388-14A-5000, 388-14A-5005, 388-14A-5008, 388-14A-5009, and 388-14A-5010	Division of Child Support rules	Distribution of child support payments	Clarifying DCS' ability to delay distribution of collections via the IRS offset period for no more than six months. Contact Nancy Koptur, ESA-DCS.		WSR 04-07-166 Filed 3/23/2004	WSR 05-02-063 Hearing 2/8/2005
WAC 388-14A-5001	Division of Child Support rules	Support collection	Clarify existing rules regarding distribution to make it clear that the date of collection is the date of receipt of payment. Contact Nancy Koptur, ESA-DCS.		WSR 04-08-069 Filed 4/5/2004	WSR 05-02-063 Hearing 2/8/2005
WAC 388-14A-6300	Division of Child Support rules	Administrative child support orders	Clarifying the rule concerning the content of administrative child support orders; reenacting a prior requirement that a noncustodial parent's monthly support obligation amount be covered in the order. Contact Nancy Koptur, ESA-DCS.		WSR 04-19-099 Filed 9/20/2004
WAC 388-14A-8100	Division of Child Support rules	Support for children in foster care	Amending the rule to remove subsection (2), dealing with the enforcement of support obligations for children with developmental disabilities who are in foster care, to comply with chapter 183, Laws of 2004. Contact Nancy Koptur, ESA-DCS.	WSR 04-23-055 Filed 11/12/2004	WSR 04-23-037 Filed 11/9/2004
Division of Employment and Assistance Programs (DEAP)
WAC 388-61-001	Family violence	Family violence -- Temporary assistance to needy families (TANF)	Amending rules to align their intent with current practice. Contact Ian Horlor, ESA-DEAP.		WSR 02-24-068 Filed 12/3/2002	WSR 04-16-105 Hearing 9/7/2004	WSR 04-21-028 Effective 12/1/2004
WAC 388-310-0800	WorkFirst	Transportation allotment	Increasing the limits for the transportation allotments to help reduce the financial burden on clients participating in job search. Contact Ian Horlor, ESA-DEAP.	WSR 04-22-023 Filed 10/25/2004	WSR 04-15-129 Filed 7/20/04	WSR 04-22-115 Hearing 12/7/2004	WSR 05-02-014 Effective 1/27/2005
WAC 388-310-1400	WorkFirst	Job search	Amending the rule allowing activities to enhance the individual's ability to do a job search. Contact Aurea Figueroa, ESA-DEAP.		WSR 04-22-065 Filed 10/29/2004
WAC 388-400-0005	Program summary	Assistance units	Amending the rule to clarify that every TANF assistance unit must contain either an eligible child or a pregnant woman. Contact Tom Berry, ESA-DEAP.		WSR 04-12-096 Filed 6/2/2004
WAC 388-400-0005 and 388-400-0025	Program summary	Reporting requirements	Updating references to reporting requirements for cash assistance under the department's simplified reporting initiative to comply with chapter 54, Laws of 2004. Contact John Camp, ESA-DEAP.	WSR 04-20-043 Filed 9/29/2004	WSR 03-17-085 Filed 8/19/2003	WSR 04-19-131 Hearing 10/26/2004	WSR 04-23-027 Effective 12/8/2004
WAC 388-408-0005	Assistance units	Who must be in my assistance unit?	Clarifying the rule to make clear that every TANF (temporary assistance to needy families) assistance unit must contain either an "eligible child" or a pregnant woman, although such a rule informally governs current practice. Contact Tom Berry, ESA-DEAP.		WSR 04-07-164 Filed 3/23/2004
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, ESA-DEAP.		WSR 03-19-032 Filed 9/9/2003	WSR 04-17-115 Hearing 9/21/2004	WSR 05-02-017 Effective 1/27/2005
WAC 388-410-0001, 388-416-0010, 388-418-0005, and 388-418-0011	Benefit error; Certification periods; Change of circumstances	Reporting and certification for benefits	Amending rules to clarify How often clients must recertify, what changes they must report, the impact of reporting changes late; and when late reporting may result in an overpayment to the client. Contact John Camp, ESA-DEAP.		WSR 04-21-074 Filed 10/19/2004
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-DEAP.		WSR 03-23-108 Filed 11/18/2003	WSR 04-17-116 Hearing 9/21/2004	WSR 05-02-015 Effective 1/27/2005
WAC 388-412-0015	Benefit issuances		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-DEAP.		WSR 04-13-100 Filed 6/21/2004	WSR 04-13-098 Hearing 7/27/2004	WSR 05-02-016 Effective 1/27/2005
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-DEAP.		WSR 03-19-031 Filed 9/9/2003
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-DEAP.		WSR 03-23-061 Filed 11/17/2003
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 388-464 WAC	Fraud; Quality assurance	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-DEAP.		WSR 03-24-100 Filed 12/3/2003
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-DEAP.		WSR 01-23-065 Filed 11/20/2001
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-DEAP.		WSR 02-11-125 Filed 5/21/2002
WAC 388-450-0015	Income	Excluding income	Amending the rule to include exclusions for payments specified by a court order or legal agreement. Contact Rebecca Henrie, ESA-DEAP.		WSR 04-13-107 Filed 6/21/2004	WSR 04-22-067 Hearing 12/7/2004
WAC 388-450-0015	Income	Eligibility - counting veteran's 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-DEAP.		WSR 03-18-098 Filed 9/2/2003	WSR 04-22-067 Hearing 12/7/2004	Permanent rule to be filed in January 2005
WAC 388-450-0100	Income	Allocating income	Amending the rule regarding definitions. Contact Patti Clark, ESA-DEAP.		WSR 04-05-034 Filed 2/11/2004
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-DEAP.		WSR 02-08-054 Filed 4/1/2002
WAC 388-450-0185, 388-450-0190, 388-450-0195, and 388-478-0060	Income; Standards for payments	Annual standards adjustment	Amending all necessary sections in Title 388 WAC to implement annual adjustments to standards for WASHCAP (Washington combined application program) and the Washington Basic Food program. Contact John Camp, ESA-DEAP.	WSR 04-19-114 Filed 9/21/2004	WSR 04-12-092 Filed 6/2/2004	WSR 04-19-111 Hearing 10/26/2004	WSR 04-23-025 Effective 12/9/2004
WAC 388-450-0200	Income	Medical expenses of elderly or persons with disabilities	Updating the rule to meet federal requirements regarding medical expense deductions for clients who have a Medicare prescription drug card. Contact Rebecca Henrie, ESA-DEAP.	WSR 04-19-132 Filed 9/21/2004	WSR 04-17-103 Filed 08/17/04	WSR 05-01-073 Hearing 1/25/2004
WAC 388-450-0500	Income	Counting community jobs income	Clarifying the rule on how the department uses income from community jobs to determine TANF and Basic Food assistance benefits. Contact Ian Horlor, ESA-DEAP.		WSR 04-07-085 Filed 3/16/2004
Chapter 388-450A WAC	Income -- Subsidized	New chapter and section	Adopting new rules to prevent garnishment of subsidized wages paid under the temporary assistance of needy families program, except garnishment for child support. Contact Ian Horlor, ESA-DEAP.		WSR 04-19-101 Filed 9/20/2004
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-DEAP.		WSR 02-11-061 Filed 5/10/2002
Chapter 388-460 WAC	Payees on benefit issuances	Protective payee policies	Proposing changes to protective payee policies. Contact Brent Low, ESA-DEAP.		WSR 01-23-067 Filed 11/20/2001
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-DEAP.		WSR 03-14-080 Filed 6/27/2003
WAC 388-470-0040	Resources	Correction	Correcting incorrect WAC or RCW cross-references. Contact Patti Clark, ESA-DEAP.		WSR 03-20-033 Filed 9/23/2003
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-DEAP.		WSR 03-19-035 Filed 9/9/2003
WAC 388-473-0010	Ongoing additional requirements	Eligibility	Amending the rule to extend the eligibility period for ongoing additional requirements for recipients receiving supplemental security income (SSI) for up to twenty-four months. Contact Lorri Gagnon, ESA-DEAP.		WSR 04-12-097 Filed 6/2/2004
WAC 388-474-0012	State supplemental payment	What is a state supplemental payment and who can get it?	Amending the rule to update program language and clarify who is eligible for state supplemental payment. Contact Lorri Gagnon, ESA-DEAP.		WSR 04-17-075 Filed 8/13/2004	WSR 04-23-076 Hearing 1/4/2004
WAC 388-478-0015	Standards	Need standards for cash assistance	Amending need standards in rule based on actual living costs for basic requirements, as required annually by law. Contact Amber Gillum, ESA-DEAP.		WSR 04-17-102 Filed 8/17/2004	WSR 04-20-103 Hearing 11/9/2004	WSR 05-01-074 Effective 1/9/2005
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-DEAP.		WSR 02-14-159 Filed 7/2/2002
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 Rebecca Henrie, ESA-DEAP.	WSR 04-19/116 Filed 9/21/2004	WSR 04-04-097 Filed 2/3/2004	WSR 04-19-112 Hearing 10/26/2004	WSR 04-23-026 Effective 12/9/2004
WAC 388-492-0040	Washington combined application project	Participation options	Amending the rule to be consistent with a federal waiver regarding the criteria for WASHCAP participants to opt-in or -out of the demonstration project. Contact Rebecca Henrie, ESA-DEAP.	WSR 05-02-042 Filed 12/30/2004	WSR 05-02-041 Filed 12/30/2004
WAC 388-292-0070	Washington combined application project (WASHCAP)	Benefit calculation	Amending the rule to be consistent with a federal waiver regarding how WASHCAP benefits are calculated, specifically the utility allowance methodology. Contact Rebecca Henrie, ESA-DEAP.	WSR 05-02-013 Filed 12/27/2004	WSR 05-02-012 Filed 12/27/2004
WAC chapter not yet specified		Overpayments to clients	Eliminating overpayments caused by agency error and amending all related rules. Contact Veronica Barnes, ESA-DEAP.		WSR 00-09-036 Filed 4/14/2000
Health and Rehabilitative Services Administration (HRSA)
Division of Alcohol and Substance Abuse (DASA)
Chapter 388-800 WAC	Chemical dependency assistance programs	Same	Changes to this chapter include: - Clarification of specific language without changing effect of rule. - Updating cross references to other DSHS WACs on patient eligibility standards. - Clarify definitions and process of secondary ADATSA clients. Contact Emilio Vela, HRSA-DASA.		WSR 05-02-065 Filed 1/4/2005
Chapter 388-805 WAC	Certification requirements for chemical dependence service providers		Implementing changes in chapter 70.96A RCW required by SSB 6358. Contact Deb Cummins, HRSA-DASA.		Planned for future action
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 12/3/2003
Mental Health Division (MHD)
Chapter 388-865 WAC	Community mental health and involuntary treatment programs	Consumer peer support counseling	Adopting amended and new rules for consumer peer support services to be consistent with the state's 1915(b) waiver from the federal Center for Medicare and Medicaid Services. Contact Kathy Burns Peterson, HRSA-MHD.		WSR 04-08-122 Filed 4/7/2004
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 4/1/2003
WAC 388-865-0335 and 388-865-0340	Community mental health and involuntary treatment programs	Enrollment and disenrollment	Amending and repealing rules to be consistent with the provisions of the waiver (Section 1915 (b) of the Social Security Act) from the federal funding source for Medicaid recipients. Contact Hank Balderrama, HRSA-MHD.		WSR 04-05-075 Filed 2/17/2004
WAC 388-865-0400	Community mental health and involuntary treatment programs	Confidentiality of consumer mental health information	Implementing changes on state law regarding new requirements for mental health providers' communication with the Department of Corrections and county designated mental health professionals; and regarding the confidentiality of consumers receiving mental health services. Contact Robin Roberts, HRSA-MHD.		WSR 04-24-044 Filed 11/29/2004
Special Commitment Center
Chapter 388-885 WAC	Civil commitment cost	Reimbursing attorney and others' fees	Revising rules to update reimbursement fee schedules for allowable activities under chapter 71.09 RCW. Contact Lee Mosley, HRSA-Special Commitment Center.		WSR 04-10-092 Filed 5/4/2004
Office of Deaf and Hard of Hearing Services (ODHHS)
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 David Griffith, JRA.		Planned for future action
Chapter 388-740 WAC	Juvenile parole revocation	Juvenile parole revocation requirements	Potential revision to update confidentiality requirements. 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 David Griffith, JRA.		Planned for future action
Management Services Administration (MSA)
WAC 388-02-0215	DSHS hearing rules	What is the authority of the administrative law judge (ALJ)?	Revising rules permitting review by the DSHS Board of Appeals of initial orders entered by Office of Administrative Hearings in adult protective services cases; and to update WAC and/or RCW references. Contact Brian Lindgren, MSA Board of Appeals.	WSR 04-15-056 Filed 7/13/2004	WSR 03-21-149 Filed 10/22/2003	WSR 04-20-042 Hearing 11/9/2004	WSR 05-02-018 Effective 1/27/2005
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 Language Testing and Certification.		WSR 04-01-142 Filed 12/19/2003
Chapter 388-06 WAC	Background checks	Same	Revising background check rules to incorporate additional DSHS programs. Contact Jackie Beery, MSA Background Check Central Unit.		Planned for future filing
Medical Assistance Administration (MAA)
WAC 388-408-0055	Assistance units	SSI-related eligibility	Amending the rule to clarify that a supplemental security income (SSI)-related individual who is not determined eligible under this chapter may be eligible under the SSI-related chapter. Contact Joanie Scotson, MAA.		WSR 04-18-068 Filed 8/30/2004
WAC 388-416-0020, 388-519-0100, and 388-519-0110	Certification periods; Spenddown		Changing some of the wording to make the meaning of the rules - who is eligible and when eligibility starts - clearer and easier to understand. Contact Mary Beth Ingram, MAA.		WSR 04-13-102 Filed 6/21/2004
WAC 388-416-0035	Certification periods	Medicare savings program	Amending the rule to reflect a name change for the Expanded Specified Low-Income Medicare Beneficiary (ESLMB to Qualified Individual (QI-1) to clarify certification periods. Contact Carole McRae, MAA.		WSR 04-12-098 Filed 6/2/2004	WSR 04-21-059 Hearing 11/23/2004	WSR 05-01-126 Filed 12/15/2004
WAC 388-434-0005	Eligibility reviews and recertifications	Same	Amending the rule to eliminate the requirement for one parent in a household to sign the medical eligibility review, allowing for review received electronically or by phone interview. Contact Mary Wood, MAA.		WSR 04-07-086 Filed 3/16/2004
WAC 388-462-0015	Pregnancy	Medical programs for pregnant women	Revising the rule to describe what is considered acceptable verification for pregnancy and also rewriting the WAC for clarity. Contact Wendy Forslin, MAA.		WSR 04-14-097 Filed 7/6/2004
WAC 388-475-0550, 388-475-0700, 388-475-0800, 388-475-0820, and 388-475-0860	SSI-related medical and healthcare for workers with disabilities program	SSI-related medical	Amending the rules to comply with federal Public Law 108-203. Contact Mary Beth Ingram, MAA.		WSR 04-23-101 Filed 11/17/2004
WAC 388-478-0065	Standards for payments	Family income and resources	Clarifying that an unborn child is counted as a household member when determining medical (categorically needy or medically needy) program eligibility for families, pregnant women and children. Contact Joanie Scotson, MAA.		WSR 04-21-073 Filed 10/19/2004
WAC 388-478-0070 and 388-478-0080	Standards for payments	Federal SSI standards	Increasing categorically needy income, SSI-related, and the medically needy 1-person standards effective January 1, 2005, to comply with federal regulations. Contact Wendy Forslin, MAA.	WSR 05-01-125 Filed 12/15/2004	WSR 04-23-065 Filed 11/15/2004
WAC 388-500-0005	Medical definitions	Same	Rewriting some definitions for clarity; adding definitions that are currently in other WAC chapters, and deleting obsolete definitions. Contact Kevin Sullivan, MAA. (Note: Original proposed rule, WSR 02-23-082 expired.)		WSR 00-22-015 Filed 10/20/2000	See note at left.
WAC 388-502-0150	Administration of medical programs	Time limits for providers to bill MAA	Extending the time limit from six to twelve months for providers to submit a claim after Medicare has processed the claim. Contact Diane McMasters, MAA.		WSR 04-23-100 Filed 11/17/2004
WAC 388-502-0160	Administration of medical programs	Billing a client	Amending the rule to update and clarify policy, and to better describe the scope of the rule. Contact Wendy Boedigheimer, MAA.		WSR 04-16-087 Filed 8/2/2004
WAC 388-502-0160	Administration of medical programs	Billing a client	Amending the rule to implement budget reductions directed by the state legislature. Contact Wendy Boedigheimer, MAA.		WSR 04-07-088 Filed 3/16/2004
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 7/31/2001
WAC 388-503-0510	Persons eligible for medical assistance	How a client is determined to be "related to" a categorical program	Correcting a WAC cross reference and adding wording that was inadvertently omitted during the last rule amendment. Contact Joanie Scotson, MAA.		WSR 04-18-065 Filed 8/30/2004	WSR 04-23-066 Hearing 1/4/2005
WAC 388-505-0220	Family medical	Eligibility	Amending the rule to add language clarifying that an adult meeting all Medicaid criteria cannot be determined eligible for a family Medicaid program unless the household includes a child eligible for and receiving Medicaid. Contact Joanie Scotson, MAA.		WSR 04-17-106 Filed 8/17/2004
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 Withdrawn, see WSR 05-02-068
WAC 388-513-1340 and 388-450-0020	Client not in own home -- Institutional medical; Income	Income exclusions	Clarifying that veterans' aid and attendance and unusual medical expense can be considered third-party resources. Contact Wendy Forslin, MAA.		WSR 03-08-083 Withdrawn, see WSR 05-02-068
WAC 388-513-1350 and 388-513-1380	Client not in own home -- Institutional medical	Monthly maintenance amount; standards	Correcting an error in the income standard for calculating the allowed monthly maintenance amount; and to adopt federal standards taking effect January 1, 2005. Contact Wendy Forslin, MAA.	WSR 05-02-043 Filed 12/30/2004	WSR 04-16-027 Filed 7/26/2004
WAC 388-515-1505	Community options program entry system (COPES)	Homecare	Clarifying income and resource allocations for the COPES waiver program to include court-ordered guardianship and attorney fees in the allocations. Contact Mary Beth Ingram, MAA.	WSR 05-01/219 Filed 12/22/2004	WSR 04-19-085 Filed 9/2/2004	WSR 04-24-077 Hearing 1/4/2005	Permanent rule to be filed in January 2005
WAC 388-517-0300	Medicare-related medical	Medicare saving programs	Amending the rule or adopting new rules to reflect federal law and rules on co-payments and program eligibility. Contact Carole McRae, MAA.		WSR 04-10-090 Filed 5/4/2004
WAC 388-519-0110	Spend-down	Medical expenses to reduce spend-down	Amending the rule to add that unpaid as well as paid medical expenses can be used to reduce spend-down due to excess income during the base period. Contact Wendy Forslin, MAA.	WSR 04-23-069 Filed 11/15/2004	WSR 04-23-064 Filed 11/15/2004
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 02/3/2004
Chapter 388-529 WAC	Scope of medical services	Covered services	Updating the scope of medical services chart that shows what medical services are covered under the department's medical assistance programs. Contact Kevin Sullivan, MAA.		WSR 04-06-054 Filed 3/1/2004
Chapter 388-530 WAC	Prescription drugs	Preferred drugs	Implementing chapter 29, Laws of 2003, establishing an evidence-based prescription drug program that identifies preferred drugs; to provide prescription drugs at a reasonable price, and increase public awareness of safe and effective use. Contact Ann Myers, MAA.		WSR 04-09-035 Filed 4/13/2004	WSR 04-19-109 Hearing 11/9/2004	WSR 05-02-044 Effective 3/2/2005
WAC 388-531-0150, 388-531-0200, 388-531-0650, 388-531-1600, and 388-550-2301	Physician-related services; Hospital services	Bariatric surgery	Adopting rules to establish criteria and pre- and post-operative requirements for clients that would further prevent the likelihood of complications from bariatric surgery. Contact Wendy Boedigheimer, MAA.	WSR 04-23-054 Filed 11/12/2004	WSR 04-12-093 Filed 6/2/2004
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 4/1/2003
Chapter 388-532 WAC	Family planning services	Same	Revising rules to clarify the language regarding reproductive health and to clarify the differences between family planning, family planning only, and the TAKECHARGE program. Contact Wendy Boedigheimer, MAA.		WSR 04-12-094 Filed 6/2/2004
WAC 388-533-0400, 388-533-0500, and 388-533-0600	Maternity-related services	Same	Amending rules to remove references to the medically indigent program and "pilot project" for the planned home birth rules; combining language on births in birthing centers and homes births; elimination reimbursement for prenatal assessment care; and clarifying antepartum care language. Contact Wendy Boedigheimer, MAA.		WSR 04-14-098 Filed 7/6/2004	WSR 04-21-060 Hearing 11/23/2004	WSR 05-01-065 Effective 1/8/2005
WAC 388-533-0710, 388-533-0720, and 388-533-0730	Maternity-related services	Chemical using pregnant (CUP) women	Revising the rules to remove unnecessary barriers for clients to access services from CUP providers. Contact Kevin Sullivan, MAA.		WSR 04-22-066 Filed 10/29/2004
Chapter 388-535 WAC	Dental related services	Children's dental	Updating and clarifying current policy regarding the children's dental program; updating and clarifying other sections in this chapter. Contact Kathy Sayre, MAA.		WSR 04-07-115 Filed 3/18/2004
WAC 388-535-1070	Dental related services	Authorized providers	Revising the rule to provide that only a dentist entitled to a specialty designation under WAC 246-817-420 and certified by MAA may bill for performing clients' oral or maxillofacial surgery. Contact Kathy Sayre, MAA.		WSR 04-20-101 Filed 10/5/2004
Chapter 388-535A WAC	Orthodontic services	Definitions, provider requirements, prior authorization, provider reimbursement, federal privacy requirements (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 04-19-115 Filed 9/21/2004	WSR 03-20-103 Filed 9/30/2003	WSR-04-19-110 Hearing 10/26/2004	WSR 05-01-064 Effective 1/8/2005
New chapter 388-536 WAC and chapter 388-550 WAC	Federally qualified health centers and rural health centers; Hospital services	Same	Adopting a new WAC chapter will comply with federal financial changes, section 702 of BIPA 2000, and legislative directive to implement a prospective payment system. Contact Wendy Boedigheimer, MAA.		WSR 02-06-088 Filed 3/1/2002
Chapter 388-538 WAC	Managed care	Healthy Options program	Adopting rules for health plans for new populations; and to modify the assignment process and timeframes. Contact Wendy Boedigheimer, MAA.		WSR 04-16-086 Filed 8/2/2004	WSR 04-21-057 Hearing 11/23/2004	WSR 05-01-066 Effective 1/8/2005
WAC 388-543-1000, 388-543-1100 388-543-1150, 388-543-1400, 388-543-1500, 388-543-2100, 388-543-2500, and 388-543-2900	Durable medical equipment (DME)	DME provider reimbursement	Updating reimbursement methodologies, adding definitions, adding "washable protective underwear" to covered supplies and clarifying specifications for related items, and other amendments. Contact Wendy Boedigheimer, MAA.		WSR 04-23-102 Filed 11/17/2004
Chapter 388-544 WAC	Vision and hearing aids	Vision care	Reorganizing vision care rules to ensure consistency with other MAA program rules, to clarify current program policy, to add coverage for disposable contact lenses, and to discontinue or limit coverage for glass lenses. Contact Wendy Boedigheimer, MAA.		WSR 04-07-087 Filed 3/16/2004
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 Withdrawn, see WSR 05-02-068
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 3/1/2002
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 12/19/2003	WSR 04-21-061 Hearing 11/23/2004	WSR 05-01-026 Effective 1/3/2005
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. Contact Kathy Sayre, MAA.		WSR 04-03-091 Filed 1/20/2004
WAC 388-550-3000	Hospital services	Diagnostic-related group (DRG) classification	Updating and clarifying policy related to diagnostic group classification for inpatient hospital services provided to medical assistance clients. Contact Kathy Sayre, MAA.		WSR 05-01-129 Filed 12/15/2004
WAC 388-550-3700	Hospital services	Diagnostic-related group (DRG) high-cost and low-cost outliers	Updating the high-cost outlier policy to provide better control and predictability of hospital costs. More hospital costs will be in the basic payment and fewer costs will go into outlier calculation. Contact Kathy Sayre, MAA.		WSR 04-15-130 Filed 7/20/2004
WAC 388-550-3800	Hospital services	Rebasing and recalibration	Recalibrating relative weights in the diagnostic related group (DRG) reimbursement system without rebasing. Contact Kathy Sayre, MAA.		WSR 04-13-105 Filed 6/21/2004	WSR 04-17-114 Hearing 9/21/2004
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 6/16/2003
Chapter 388-551 WAC	Alternatives to hospital services	Hospice care services; pediatric palliative care	Incorporating language from current agreements with hospice care centers into the hospice services WAC; the pediatric palliative care program is being incorporated into rule; and clarifying and updating hospice services rules. Contact Kathy Sayre, MAA.		WSR 04-07-114 Filed 3/18/2004
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 1/7/2004
WAC 388-551-1000, through 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 1/18/2001
Chapter 388-554 WAC (new)	Enteral nutrition	Same	Establishing the enteral nutrition program in rule; setting requirements, limitations and restrictions for the program. Contact Kathy Sayre, MAA.		WSR 03-18-102 Filed 9/2/2003	WSR 04-23-067 Hearing 12/22/2004
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 5/21/2002
Office of the Secretary
Chapter 388-01 WAC	DSHS organization/disclosure of public records	Public disclosure	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 12/7/2001

     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 notes 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-making notice 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; (5) information on how to obtain a copy of the preliminary cost benefit analysis, if applicable; and (6) agency staff that the public may contact about the proposed rules. The CR-102 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 how written comments may be sent.

     An "Expedited Rule" is a CR-105 Expedited Rule-Making notice, filed under 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. Within forty-five days after the expedited rule-making notice is published in the State Register, anyone may submit 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, 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 CR-103 rule-making 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 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 the state Code Reviser, or a later date if noted on the CR-103 notice, and are effective for 120 days after the filing date. 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. NOTE: Emergency rules listed in these tables are those in effect at the time this agenda is filed for publication in the State Register.

     "Rules" as used generally in this document are the Washington Administrative Code, also known as WAC or regulations, which are adopted by state agencies according to the Administrative Procedure Act, chapter 34.05 RCW. References to "federal rules" are U.S. 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 statutes may also be identified as session laws, such as "chapter 140, Laws of 2003," or by a legislative bill number, 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, Manager

Rules and Policies Assistance Unit

© Washington State Code Reviser's Office