WSR 05-03-043

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed January 11, 2005, 2:40 p.m. ]


DSHS SEMI-ANNUAL RULE-MAKING AGENDA


Following is the Department of Social and Health Services' (DSHS) semi-annual rule-making agenda for January 1, 2005, through June 30, 2005. This agenda will be published in the State Register under 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.


Semi-Annual Rule-Making Agenda

January 1, 2005, through June 30, 2005



This report describes rules under development by DSHS administrations and divisions from January 1, 2005, through June 30, 2005. DSHS publishes this rule-making agenda in the Washington State Register in January and July of each year to comply with RCW 34.05.314. There may be additional DSHS rule-making activity not included in this report as the department responds to new state laws, to meet federal requirements, or to meet unforeseen circumstances. This document is available online and will be updated in April 2005 at the DSHS public website, http://www1.dshs.wa.gov/msa/rpau/.

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