WSR 08-04-012

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed January 24, 2008, 1:56 p.m. ]

Following is the department of social and health services' semi-annual rule-making agenda for January 2, 2008, through June 30, 2008. This agenda will be published in the Washington 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, 2008, through June 30, 2008



WAC Chapter or WAC Number WAC Chapter or Section Caption Subject Matter Program Contact Person Current Activity

(the "WSR" number is the official filing number)

Emergency Rule Preproposal Rule Proposed Rule Permanent (Final) Rule
Aging and Disability Services Administration (ADSA)
ADSA - Division of Developmental Disabilities (DDD)
Chapters 388-823, 388-825, and 388-830 DDD intake and determination rules; DDD services rules; DDD program option rules. Amending rules to correct cross references and clarify incomplete information in rules. Steve Brink ADSA-DDD WSR

06-16-125

Filed

8/1/06

Chapter 388-824 DDD mini assessment. Repealing sections in this chapter that have been replaced by the DDD assessment in chapter 388-828 WAC. Debbie Roberts ADSA-DDD WSR

07-05-037

Filed

2/14/07

WSR

07-23-063

Hearing

12/27/07

Chapter

388-825

DDD service rules. Defining and reorganizing the rules governing the delivery of services to individuals with developmental disabilities. Steve Brink

ADSA-DDD

WSR

07-09-046

Filed

4/11/07

WAC

388-825-103

388-825-145

DDD service rules. Complying with the proposed order and settlement agreement under Boyle v. Arnold-Williams. Steve Brink

ADSA-DDD

WSR

07-23-012

Filed

11/8/07

WSR

07-09-046

Filed

4/11/07

WSR

08-01-086

Hearing

1/22/08

Chapter

388-828

DDD assessment--Residential service levels. Incorporating the residential algorithm and the individual and family services assessment algorithm into the DDD assessment. Debbie Roberts

ADSA-DDD

WSR

07-23-020

Filed

11/9/07

WSR

07-15-081

Filed

7/18/07

WAC 388-828-5080 DDD assessment. Amending the section to be consistent with the DDD assessment. Debbie Roberts

ADSA-DDD

WSR

07-21-145

Filed 10/24/07

WSR

07-15-081

Filed

7/18/07

WAC

388-828-5360

388-828-9000

388-828-9020

388-828-9040

388-828-9060

388-828-9100

388-828-9120

388-828-9140

DDD assessment. Creating WAC 388-828-9000, 388-828-9020, 388-828-9040, 388-828-9060, 388-828-9080, 388-828-9100, 388-828-9120, 388-828-9140 to combine three family support programs into one individual and family services program as directed by the legislature. Debbie Roberts

ADSA-DDD

WSR

07-24-029

Filed

11/28/07

WSR

07-14-081

Filed

6/29/07

Chapter 388-830 Division of developmental disabilities program option rules. Repealing all sections in chapter 388-830 WAC because the rules are obsolete. Steve Brink

ADSA-DDD

WSR

07-17-112

Filed

8/17/07

WSR

07-23-054

Hearing

12/27/07

WSR

08-03-023

Effective

2/8/08

Chapter 388-831 (new) Community protection program. Establishing the community protection program as directed by recent state law. Steve Brink

ADSA-DDD

WSR

06-08-034

Filed

3/28/06

WAC

388-832-0001 through

388-832-0470

Individual and family services. Combining three family support programs into one individual and family services program. Steve Brink

ADSA-DDD

WSR

07-22-019

Filed

10/26/07

WSR

07-10-018

Filed

4/20/07

Chapter 388-835 ICF/MR program and reimbursement system. Amending language to reflect new rates for intermediate care facilities for the mentally retarded. Steve Brink

ADSA-DDD

Planned for future action
WAC 388-845-1605 Who is eligible to receive respite care? Ensuring consistent application of the rules across the programs administered by DDD. Steve Brink

ADSA-DDD

WSR

08-03-063

Filed

1/14/08

WSR

06-09-013

Filed

4/10/06

WSR

07-24-065

Hearing

1/8/08

WSR

08-03-109

Effective

2/22/08

Chapter 388-850 County plan for developmental disabilities. Rewriting rules in "plain talk" format and clarifying language. Steve Brink

ADSA-DDD

Planned for future action.
Chapter 388-853 Costs of care of mentally deficient persons residing in state institutions. Repealing all sections in chapter 388-853 WAC. The chapter has been replaced by chapter 388-835 WAC. Steve Brink

ADSA-DDD

WSR

07-17-113

Filed

8/17/07

WSR

07-23-053

Hearing

12/27/07

WSR

08-03-024

Effective

2/8/08

ADSA - Home and Community Services (HCS)
Chapter 388-106 Long-term care services. Drafting a new section entitled, "Roads to community living" to describe the nature of demonstration project services under the money follows the person grant. Elizabeth Prince

ADSA-HCS

WSR

07-22-085

Filed

11/6/07

WAC 388-106-0020 Under MPC, COPES, MNRW, MNIW and CHORE programs, what services are not covered? Amends guidelines pertaining to the administration of sterile procedures to more clearly articulate who can and cannot perform certain services. Kristi Knudsen

ADSA-HCS

WSR

07-13-059

Filed

6/16/07

WSR

08-01-089

Hearing

1/22/08

WAC

388-106-0100

388-106-0110

388-106-0125

Long-term care services. Amending the in-home classifications to allow hours for clients with complex behavioral and cognitive issues and for clients with extremely high needs for assistance with activities of daily living. Kristi Knudsen

ADSA-HCS

WSR

08-02-056

Filed

12/28/07

WSR

07-15-048

Filed

7/13/07

WSR

08-02-027

Hearing

2/5/08

WAC 388-106-0130 Long-term care services. Amending the section to comply with a supreme court decision pertaining to shared living. Kristi Knudsen

ADSA-HCS

WSR

07-22-021

Filed

11/26/07

WSR

07-14-033

Filed

6/26/07

WSR

07-24-066

Hearing

1/8/08

WSR

08-03-111

Effective

2/22/08

WAC

388-112-0250

388-112-02605

388-112-02610

388-112-02615

388-112-02620

388-112-02625

388-112-02630

Residential long-term care services. Amending and adopting new rules to: Clarify CPR requirements and the course content for HIV/AIDS training; and requiring adult family home administrators to complete training, to comply with a 2006 change in state law. Barbara Hanneman

ADSA-HCS

WSR

06-18-083

Filed

9/5/06

WSR

06-22-079

(CR-102 expired. One section was adopted under WSR 07-01-045, the rest will be reproposed.)

WAC 388-513-1320 Determining institutional status for long-term care services. Clarifying institutional status. Lori Rolley

ADSA-HCS

WSR

07-12-068

Filed

6/4/07

WAC

388-513-1350

388-513-1380

Long-term care services. Updating the 2008 federal resource standard and federal maximum maintenance standard that increase on January 1, 2008. Lori Rolley

ADSA-HCS

WSR

08-02-057

Filed

12/28/07

WSR

07-22-063

Filed

11/2/07

WAC 388-515-1510 DDD waivers and outward bound residential alternatives (OBRA). Increasing the personal needs allowance and amending waiver language. Tiffany Sevruk

ADSA-HCS

WSR

07-22-018

Filed

10/26/07

WSR

07-12-065

Filed

6/4/07

ADSA - Office of Rates Management
Chapter 388-96 Nursing facility Medicaid payment system. Adopting rules defining "home office" to help determine whether a nursing home is a "vital local provider" under state law. Ed Southon

ADSA-Nursing Home Rates Section

WSR

06-16-124

Filed

8/1/06

Chapter 388-96 Nursing facility Medicaid payment system. Amending rules on: Accounts receivable audits; residents' funds that a home must deposit; the definition of "direct care supplies;" the direct care rate for unbanked beds; minimum occupancy when setting rates; etc. Patricia Hague

ASDA-Office of Rates Management

WSR

06-24-112

Filed

12/6/06

Chapter 388-96 Nursing facility Medicaid payment system. Amending rules to clarify the treatment of quality maintenance fee costs in rebases of the Medicaid nursing home payment rate that are based on cost reports from 2005 forward. Patricia Hague

ASDA-Office of Rates Management

WSR

07-05-024

Filed

2/13/07

WAC

388-97-550

388-97-555

Nursing homes. Increasing the nursing home bed license fee to comply with RCW 18.51.050 requiring the department to establish license fees at an amount adequate to reimburse the department in full for all costs of its licensing activities for nursing homes. Patricia Hague

ASDA-Office of Rates Management

WSR

08-03-072

Filed

1/14/08

ADSA - Residential Care Services (RCS)
Chapter 388-76 Adult family homes minimum licensing requirements. Clarifying due process rights of persons investigated for alleged abuse, neglect, exploitation and financial exploitation of an adult family home resident and amending other related sections. Roger Woodside

ADSA-RCS

WSR

07-15-026

Filed

7/12/07

WSR

07-21-139

Hearing

12/11/07

WAC 388-76-10810 Fire extinguishers. Correcting a typo in the numbering of this rule section. Roger Woodside

ADSA-RCS

Note: This is a CR-105 Expedited Rule-Making action WSR

08-03-032

Comments due:

3/24/08

Chapter 388-78A Boarding home licensing rules. Clarifying due process rights of persons investigated for alleged abuse, neglect, exploitation and financial exploitation of a boarding home resident, etc. Todd Henry

ADSA-RCS

WSR

07-15-025

Filed

7/12/07

WSR

07-21-140

Hearing

12/11/07

Chapter 388-78A Boarding homes. Clarifying building requirements for new construction; enhancing readability of several sections; creating flexibility in construction requirements for providers to meet resident needs. Todd Henry

ADSA-RCS

WSR

07-23-078

Filed

11/19/07

WAC 388-97-077 Nursing home resident protection program and other related sections. Simplifying and clarifying existing due process for rights of individuals accused of abusing, neglecting, exploiting or financially exploiting vulnerable adults in nursing homes. Lisa Yanagida

ADSA-RCS

WSR

07-15-024

Filed

7/12/07

WAC

388-97-07015

388-97-147

388-97-155

388-97-162

388-97-347

388-97-555

388-97-965

388-97-595

388-97-625

388-97-29510

Nursing homes. Changing outdated references; renumbering; adding language to be consistent with federal requirements and national standards; clarifying laundry system standards; deleting and updating sections on review of nursing home renewal licenses; clarifying new construction preoccupancy process; adding language on electronic monitoring. Judy Johnson

ADSA-RCS

WSR

07-21-121

Filed

10/23/07

Chapter 388-101 Certified community residential services and supports. Revising rules regarding the community protection program, assessments, restrictive procedures, inspections, enforcement remedies, appeals, agency finances, and client's rights; addressing abuse and neglect reporting, and sections that involve the individual financial plans; and to meet federal requirements. John Gaskell

ASDA-RCS

WSR

05-07-132

Filed

3/22/05

WSR

07-18-094

Hearing

11/6/07

WSR

08-02-022

Effective

2/1/08

Children's Administration
WAC chapter not determined yet Domestic violence prevention. Proposing new rules establishing standards for programs receiving domestic violence prevention funds. Maureen Kelly

Children's Administration

WSR

06-06-073

Filed

2/28/06

WAC 388-15-005

388-15-077

Child protective services. Reflecting changes from SSB 5321 regarding a new two-tiered finding system and new timeframes for expungement of records. Tina Stern

Children's Administration

Planned for future action.
Chapter 388-39A Child welfare services -- Complaint resolution. Child welfare services -- Complaint resolution. Children's Administration Planned for future action.
Economic Services Administration (ESA)
ESA Division of Child Support (DCS)
Chapter 388-14A Division of child support rules. Adopting new and amended sections to implement state legislation which implements the federal Deficit Reduction Act of 2005. Nancy Koptur

ESA-DCS

WSR

07-23-058

Filed

11/16/07

WSR

07-10-116

Filed

5/2/07

WAC

388-14A-3900 to

388-14A-3925

Division of child support rules. Revising rules on modification of support orders. Nancy Koptur

ESA-DCS

WSR

03-22-054

Filed

10/31/03

ESA - Division of Employment and Assistance Programs (DEAP)
WAC chapter not yet determined Basic Food and WASHCAP. Amending rules impacting eligibility and benefit level for WASHCAP and Basic Food by adopting mandatory food stamp provisions of the 2007 federal Farm Bill. John Camp

ESA-DEAP

WSR

08-03-095

Filed

1/17/08

WAC

388-310-0300

388-310-1450

WorkFirst. Changing the one-time exemption for a parent with a child under twelve months. Ian Horlor

ESA-DEAP

WSR

07-23-056

Filed

11/16/07

WSR

07-11-116

Filed

5/18/07

WSR

07-22-067

Hearing

12/11/07

WSR

08-02-055

Effective

2/1/08

WAC

388-310-0400

388-310-0500

388-310-0600

388-310-0900

388-310-1000

88-310-1050

388-310-1100

388-310-1400

388-310-1500

388-310-1700

WorkFirst. Amending rules to comply with federal law changes under the Deficit Reduction Act of 2005, Public Law 109-171. Aurea Figueroa

ESA-DEAP

WSR

06-21-055

Filed

10/13/06

WSR

07-24-034

Hearing

1/22/08

WAC

388-406-0005

Can I apply for cash, medical, or Basic Food? Allowing applications for youth prior to release from confinement. John Camp

ESA-DEAP

WSR

07-14-098

Filed

6/30/07

WSR

07-21-058

Hearing

11/27/07

WAC

388-406-0035

How long does the department have to process my application? Clarifying the section and updating the WACs that should be referenced in regards to applications that are delayed. Jenny Egan Grayum

ESA-DEAP

WSR

07-12-030

Filed

5/30/07

WAC

388-412-0040

Can I get my benefits replaced? Correcting a typographical error in subsection (4). Jenny Egan Grayum

ESA-DEAP

WSR

08-03-031

Filed 1/8/08

WAC

399-418-0011

What is a mid-certification review and do I have to complete one in order to keep receiving benefits? Modify the verification requirements for mid-certification reviews that households must complete in order to continue receiving cash, food, and medical benefits from the department. John Camp

ESA-DEAP

WSR

08-03-041

Filed

1/10/08

WSR

07-17-086

Filed

8/15/07

WSR

07-22-066

Hearing

12/11/07

WSR

08-02-053

Effective

2/1/08

WAC

388-428-0010

388-454-0025

Notifying parents of whereabouts of their children. Revising rules governing notifying parents of the whereabouts of their children to comply with state law, and recognize the rights of parents and protect the safety of children. Tom Berry

ESA-DEAP

WSR

06-20-073

Filed

9/29/06

WAC

388-450-0162

Using countable income to determine eligibility and amount of cash and food assistance benefits. Including references to WAC 388-478-0040 and 388-478-0045. Logan McGregor

ESA-DEAP

WSR

07-14-099

Filed

6/30/07

WAC

388-450-0215

How does the department estimate my assistance unit's income to determine my eligibility and benefits? Giving provisions for budgeting income that is received less frequently than monthly on an averaging basis even in the month of application. Bill Callahan

ESA-DEAP

WSR

07-06-051

Filed

3/2/07

(also see WSR

07-11-098)

WSR

07-11-091

Hearing

6/26/07

Supplemental:

WSR

07-22-064

Hearing

12/11/07

WSR

08-02-054

Effective

2/1/08

WAC

388-454-0006

Background checks for persons acting in place of a parent without court-ordered custody. Amending the rule to be consistent with working connections child care rules regarding background checks for adult child-caregivers applying for assistance for un-related children in their care. Tom Berry

ESA-DEAP

WSR

06-09-037

Filed

4/13/06

Chapter

388-455

Lump sum payments. Correcting a WAC reference, using question and answer format, providing additional clarification of the impact of lump sum payments on a person's eligibility for department programs. John Camp

ESA-DEAP

WSR

07-17-032

Filed

8/7/07

WSR

07-22-037

Hearing

12/11/07

Health and Recover Services Administration (HRSA)
HRSA - Division of Alcohol and Substance Abuse (DASA)
Chapter

388-800

Chemical dependency assistance programs. Clarifying rules; updating references to patient eligibility standards; clarifying the process for secondary ADATSA clients. Virginia Ochoa

HRSA-DASA

WSR

05-02-065

Filed

1/4/05

Chapter

388-805

Certification requirements for chemical dependency service providers. Clarifying rules; updating definition and requirements for chemical dependency service providers. Deb Cummins

HRSA-DASA

WSR

07-24-004

Filed

11/26/07

HRSA - Mental Health (MH)
Chapter

388-865

Community mental health and involuntary treatment programs. Revising rules to establish certification "clubhouses" that meet minimum standards. Clubhouses are community-based programs that provide rehabilitative mental health services. Kevin Sullivan

HRSA

WSR

07-17-142

Filed

8/21/07

Chapter

388-865

Certifying crisis stabilization units (new). Codifying rules regarding the department's new requirement to certify crisis stabilization units that meet minimum standards. Kevin Sullivan

HRSA

WSR

07-21-078

Filed

10/16/07

Chapter

388-865

Community mental health. Codifying its policy on how it administers community mental health services in the event of a nonparticipating regional support network. Kevin Sullivan

HRSA

WSR

08-02-060

Filed

12/28/07

WSR

08-01-107

Filed

12/18/07

HRSA - Medical Assistance (MA)
Unknown sections in TITLE 388 WAC Health technology clinical committee assessments. Creating a new WAC to support the health technology assessment program established by the 2006 legislature. Kevin Sullivan

HRSA-MA

WSR

07-12-061

Filed

6/4/07

WAC

388-406-0010

How do I apply for benefits? Amending the rule to clarify the signature requirements on applications for medical assistance for children and pregnant women. Mary Beth Ingram

HRSA-MA

WSR

07-08-094

Filed

4/3/07

WAC

388-408-0055

388-416-0015

388-418-0005

388-418-0025

388-450-0210

388-476-0005

388-478-0075

388-505-0210

388-505-0211

388-542-0010

388-542-0020

388-542-0050

388-542-0300

Medical assistance eligibility for children. Authorizing medical assistance coverage for all children living in households with income at or below 250% of the federal poverty level (FPL). Kevin Cornell

HRSA-MA

WSR

07-23-057

Filed

11/16/07

WSR

07-11-098

Filed

5/16/07

WSR

07-22-038

Hearing

11/27/07

WAC

488-450-0085

Does the department count all of my self-employment income to determine if I am eligible for benefits? Amending the rules to remove barriers for medical assistance clients with self-employment income. Colleen Clifford

HRSA-MA

WSR

08-02-059

Filed

12/28/07

WSR

08-01-020

Filed

12/7/07

WAC

388-466-0005

388-466-0130

Immigration and refugees. Adding "victim of trafficking" to refugee cash assistance and refugee medical assistance eligibility, etc. Colleen Clifford

HRSA-MA

WSR

07-22-084

Filed

11/5/07

WAC

388-475-0300

SSI-related medical -- Resources eligibility. Updating this WAC to comply with federal rules which govern how the department considers retroactive lump sum payments from any Title II or Title XVI payment, and to clarify that these resources are now excluded for nine months, not six. Catherine Fisher

HRSA-MA

WSR

08-03-093

1/16/08

WAC

388-478-0070

388-478-0080

Standards for payments. Amending rules to comply with federal Medicaid standard changes that became effective January 1, 2007. Mary Beth Ingram

HRSA-MA

WSR

08-02-058

Filed

12/28/07

WSR

07-07-003

Filed

3/8/07

WAC

388-500-0005

Medical definitions. Updating medical definitions to make them consistent with how the terms are used throughout HRSA rules. Jonell O. Blatt

HRSA-MA

WSR

07-20-052

Filed

9/27/07

WAC

388-501-0060

388-501-0065

Healthcare coverage. Correcting errors made in developing the scope of covered services chart in new WAC 388-501-0060 and 388-501-0065. Kevin Sullivan

HRSA-MA

WSR

07-12-062

Filed

6/4/07

WAC

388-501-0100

Subrogation; assignment or rights and cooperation. The department extended the effective date to December 1, 2008, for recently amended rule, WAC 388-501-0100, adopted under WSR 07-23-080 and initially scheduled to take effective [effect] December 20, 2007 (see WSR 08-01-041). Wendy Boedigheimer

HRSA-MA

WSR

07-04-020

Filed

1/23/07

Also:

WSR

08-03-073

Filed

1/14/08

WSR

07-13-087

Hearing

7/25/07

WSR

07-23-080

and

08-01-041

Effective

12/1/08

The department will adopt new subrogation rules consistent with 42 U.S.C. 1396a, 1396k, 1396p, RCW 74.09.180, 74.09.185, the decision of Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268, 126 S. Ct. 1752, 164 L. Ed. 2d 459, and will respond to concerns raised by the Washington State Trial Lawyers

Association as well as other stakeholders.

WAC

388-501-0135

Patient review and restriction program (PRR). Updating the program name to patient review and coordination program; expanding program definitions; Jonell O. Blatt

HRSA-MA

WSR

07-21-030

Filed

10/9/07

WSR

08-01-085

Hearing

1/22/08

clarifying restrictions; adding requirement that PRR clients remain enrolled in managed care plans for one year; and clarifying client dispute resolution process.
WAC

388-501-0180

388-501-0182

388-501-0184

388-502-0120

388-535-1550

388-546-0800

388-546-0900

388-546-5100

Out-of-state medical care. Updating and clarifying rules on out-of-state medical care and requirements for providers; and out-of-country medical care. Jonell Blatt

HRSA-MA

WSR

06-24-113

Filed

12/6/06

WSR

08-03-112

Hearing

2/26/08

WAC

388-502-0160

Billing a client. Revising the rule to clarify when a provider can and cannot bill a client for medical services. Wendy Boedigheimer

HRSA-MA

WSR

08-01-021

Filed 12/7/07

WAC

388-502-0270

Dispute decision review by the health and recovery services administration's deputy assistant secretary. Providing a single process for disputes reviewed by the DSHS/HRSA deputy assistant secretary. This single process should reduce complexity for providers and the department and streamline the dispute process. Wendy Boedigheimer

HRSA-MA

WSR

08-03-092

Filed

1/16/08

WAC

388-505-0230

Family medical. Creating a new WAC to address family-related institutional medical benefits. Carole McRae

HRSA-MA

WSR

08-03-036

Filed

1/9/08

WSR

07-12-031

Filed

5/30/07

WAC

388-517-0500

Medicare prescription drug copayment help. Codifying a new requirement for HRSA to pay Medicare Part D copayment cost sharing for full-benefit dual eligible Medicaid clients. Carole McRae

HRSA-MA

WSR

07-17-144

Filed

8/21/07

WAC

388-530-1075

Tamper-resistant prescription requirements. Amending the rule to comply with federal law which mandates the use of tamper-resistant prescriptions for all Medicaid, nonelectronic prescriptions. Jonell O. Blatt

HRSA-MA

WSR

07-22-083

Filed

11/6/07

WSR

08-03-110

Hearing

2/26/08

WAC

388-531-1400

388-556-0600

Psychiatric physician-related services; mental health services. Improving access to mental health services for children who do not meet regional support network access to care standards. Kevin Sullivan

HRSA-MA

WSR

08-03-091

Filed

1/16/08

WAC

388-531-2000

Increased payments for physician-related services for qualified trauma cases. Clarifying, updating, and ensuring consistent policies for the trauma program. Jonell O. Blatt

HRSA-MA

WSR

08-01-083

Filed

12/17/07

Chapter

388-532

Family planning/TAKE CHARGE program. Revising rules to bring the program into compliance with state's federal waiver, and to help the state prevent the loss of federal funds. Wendy Boedigheimer

HRSA-MA

WSR

07-21-105

Filed

10/19/07

WSR

06-22-093

Filed

11/1/06

WSR

07-07-102

Hearing

3/19/07

WAC

388-533-0300

388-533-0310 through 388-533-0345

388-533-0360 through 388-533-0386

Infant case management and maternity support services. Clarifying provider qualifications, client eligibility and services reimbursed for infant case management and maternity support services. Jonell O. Blatt

HRSA-MA

WSR

07-21-106

Filed

10/19/07

WAC

388-533-0390

Childbirth education. Amending rules to break the information into smaller sections, clarify and update rules, and clarify policy on payment of childbirth education when delivered as a refresher course. Wendy Boedigheimer

HRSA-MA

WSR

07-03-055

Filed 1/12/07

Chapter

388-535

Dental-related services. Amending sections relating to access to baby and child dentistry (ABCD) and sections relating to dental-related services for clients through age twenty and clients age twenty-one and older. Kathy Sayre

HRSA-MA

WSR

07-16-110

Filed

7/31/07

Chapter 388-535A Orthodontic services. Clarifying existing policy, better defining the scope of the rule, and reviewing the subchapter for other necessary changes. Kathy Sayre

HRSA-MA

WSR

07-21-021

Filed

10/8/07

Chapter

388-537

School services. Amending the chapter to bring the program into compliance with federal Medicaid regulations and policies. Wendy Boedigheimer

HRSA-MA

WSR

07-03-057

Filed

1/12/07

Chapter

388-538

Managed care delivery system. Updating and clarifying criteria regarding the patient review and coordination; the monthly capitated premiums the department pays to managed care organizations, etc. Kathy Sayre

HRSA-MA

WSR

08-01-082

Filed

12/17/07

WAC

388-538-063

Mandatory enrollment in managed care for GA-U clients. Amending sections related to adding a mental health service component to GA-U medical care services managed care project. Kathy Sayre

HRSA-MA

WSR

07-16-106

Filed

7/31/07

WAC

388-544-0475

Noncovered services, eyeglasses, and contact lenses. Removing the language in this section and readopting the rule through the permanent rule-making process. Wendy Boedigheimer

HRSA-MA

WSR

08-03-094

Filed

1/17/08

WSR

07-22-082

Filed

11/5/07

and

WSR

07-10-125

Filed

5/2/07

WAC

388-544-1010

388-544-1100

388-544-1200

388-544-1300

388-544-1400

Hearing aid services. Revising rules to move the hearing aid rules into chapter 388-547 WAC; creating clear section titles and clarifying text; and including digital hearing aids under covered services to align with industry standards. Wendy Boedigheimer

HRSA-MA

WSR

07-05-011

Filed

2/9/07

Chapter

388-549

Rural health clinics. Replacing the cost-based reimbursement methodology with the prospective payment system per the federal Benefit Improvement and Protection Act. Wendy Boedigheimer

HRSA-MA

WSR

05-16-083

Filed

8/1/05

WSR

08-01-090

Hearing

1/22/08

WAC

388-550-1050

Hospital services definitions. Correcting language erroneously adopted in the definition for "high cost outlier." Kathy Sayre

HRSA-MA

WSR

07-16-107

Filed

7/31/07

Juvenile Rehabilitation Administration (JRA)
Chapter

388-700

Juvenile rehabilitation administration -- Practices and procedures. Potential revisions due to changes in background check procedures. David Griffith

JRA

Planned for future action.
Chapter

388-720

Collection of costs of support, treatment and confinement of juveniles under RCW 13.40.220. Potential changes to clarifying sentencing in relation to "victim in the home" status and to update the reimbursement schedule. Lee Mosley, Trent Phillips

JRA

Planned for future action.
WAC

388-740-0010

388-740-0040

388-740-0070

Confinement. To implement Section 1, subsection 4 (b) of SSB 5243, (chapter 203, Laws of 2007), by defining behavior which may be cause for the secretary to modify parole and return a juvenile sex offender to confinement for up to twenty-four weeks. Also to incorporate guidelines and certain existing JRA parole standards to return certain juvenile sex offenders committed to JRA or basic training camp graduates to confinement for the remainder of his or her sentence. Kecia Rongen

JRA

WSR

07-16-089

Filed

7/30/07

WSR

07-23-092

Haring

12/7/07

Chapter

388-745

Transfer of juvenile offenders to the department of corrections (DOC). Potential revisions due to changes in transfer procedures. David Griffith

JRA

Planned for future action.
Chapter

388-750

Impact account -- Criminal justice cost. Review for potential updates. Ken Moses,

Trent Phillips

JRA

Planned for future action.
Office of Planning, Performance and Accountability (OPPA)
OPPA - Research and Data Analysis
Chapter

388-04

Protection of human research subjects. No current rule-making activity.
Office of Risk Management (ORM)
ORM - Public Disclosure
Chapter

388-01

DSHS organization and disclosure of public records. Amending rules to reflect changes in DSHS organization structure, and to implement chapter 483, Laws of 2005. Kristal K. Wiitala

Privacy Officer

Planned for future action.
Public Affairs (PA)
PA - Division of Vocational Rehabilitation (DVR)
Chapter

388-891

388-892

No current rule-making activity.
PA - Management Services Administration
Chapter

388-02

DSHS hearing rules. Modifying deadlines and time frames in administrative hearings, making changes to the authority of administrative law judges and review judges, and making other changes in order to comply with federal rules. Brian Lindgren

MSA

Board of Appeals

WSR

07-10-112

Filed

5/2/07

Chapter

388-06

Background checks. Amending, consolidating and colocating existing background check rules in other WAC chapters into this chapter. Jackie Beery

MSA

Background Check Central Unit

WSR

07-23-060

and

07-23-059

Filed

11/16/07

WSR

07-11-097

Filed

5/16/07

PA - Office of Deaf and Hard of Hearing Services
Chapter

388-818

Deaf and hard of hearing services. No current rule-making activity.
PA - Special Commitment Center
Chapter

388-885

Civil commitment cost. Updating reimbursement fee schedules for allowable activities under chapter 71.09 RCW. Mark Davis

Special Commitment Center

WSR

04-10-092

Filed 5/4/04

WAC

388-885-005

388-885-010

388-885-015

388-885-020

388-885-025

388-885-030

Civil commitment cost reimbursement. Updating the rules to better reflect current practices as they relate to the reimbursement of local agencies for their costs associated with the civil commitment process of sexually violent predators. Mark Davis

Special Commitment Center

WSR

08-01-022

Filed

12/7/07



Notes and Definitions


Explanation of selected terms used in these tables:

"CR" stands for code reviser, or code reviser's office. The code reviser's office creates the "CR" forms used by DSHS and all state agencies to notify the public about rule-making actions.

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 DSHS 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 rule, and identifies the department's contact person.

A "proposed rule" is a CR-102 proposed rule-making notice filed under RCW 34.05.320. The notice includes:

(1) A description of the rules that DSHS proposes to adopt, amend or repeal, and the reasons supporting the proposal;

(2) The date and location of a public hearing or hearings to take formal comments about the proposed rule; the deadline for sending written comments about the rule; and how written comments may be sent;

(3) The laws authorizing the agency action;

(4) The complete text of the proposed new or amended rules, or a list of rule sections being repealed;

(5) The text of a small business economic impact statement, if applicable;

(6) Information on how to obtain a copy of the preliminary cost-benefit analysis, if applicable; and

(7) Agency staff that the public may contact about the proposed rules.

An "expedited rule is a CR-105 expedited rule-making notice, filed under RCW 34.05.353. DSHS 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. After a minimum waiting period, DSHS may adopt the rule as permanent, if no one has objected in writing. If someone does object, the department must file a CR-102 notice, hold a public hearing and accept written comments before adopting the permanent rule.

A "permanent rule" is a CR-103 rule-making order, filed under RCW 34.05.360 and 34.05.380. The CR-103 gives notice that the department is adopting final new, amended or repealed rules, completing the rule-making process. A CR-103 rule-making order includes the complete text of the new or amended rules, or a list of the WAC numbers and caption of rules being repealed, and an explanation of any changes to the rule made after the CR-102 notice. 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. This is a temporary rule used to meet an urgent public health, safety or welfare need, or to meet a deadline set in a law or federal requirement. Emergency rules are effective for one hundred twenty days after the filing date. Emergency rules may be extended in certain circumstances, but they may not become permanent rules unless the agency files a preproposal notice and/or a proposed rule notice as applicable, and complies with other applicable rule-making statutes. NOTE: Emergency rules listed in these tables are only those in effect at the time this agenda was filed for publication in the Washington state register.

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

State "statutes" are laws adopted by the Washington state 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), except that laws adopting annual state budgets are not codified. Recent state statutes may also be listed by their session law numbers, such as "chapter 140, Laws of 2008," or by a legislative bill number, such as "ESSB 6387." United States government statutes may be noted by their U.S. Code number, Public Law number, Act title, or congressional bill number.

"WSR" is the Washington state register, the legal publication of state agency rules and other notices, published twice each month by the office of code reviser. Throughout this agenda, the seven-digit number following each WSR is the code reviser's official filing number assigned at the time DSHS files a rule-making notice with the code reviser. The WSR number, plus the date and time of filing, appears on the first page of each "CR" notice as filed. To view facsimiles of DSHS rule-making notices as filed with the code reviser, visit the DSHS public rule-making web site at http://www1.dshs.wa.gov/msa/rpau/. All DSHS rule-making notices are available to the public.

This agenda is for information purposes only. Errors in this rule-making agenda do not alter the content or effect of the DSHS rules and rule-making notices filed with the office of the code reviser and published in the Washington state register.

If you have questions about this rule-making agenda or the DSHS rule-making process, please contact the DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, by phone at (360) 664-6097. If you would like to receive DSHS rule-making notices by e-mail, please visit the DSHS rules and policies assistance unit (RPAU) web site for available electronic lists, at http://www1.dshs.wa.gov/msa/rpau/RPAU-Listserv.htm. If you would like to receive notices by postal mail, please contact Jennisha Johnson, RPAU Rules Consultant, at (360) 664-6094, or by e-mail at johnsjl4@dshs.wa.gov.

Stephanie Schiller

Rules Coordinator

Washington State Code Reviser's Office