WSR 09-04-003

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed January 21, 2009, 2:57 p.m. ]

Following is the department of social and health services' semi-annual rule-making agenda for January 1 through June 30, 2009. 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. DSHS may have additional rule-making activity to respond to legislative actions, to comply with federal mandates, or to meet unforeseen circumstances.

Semi-Annual Rule-Making Agenda

January 1 through June 30, 2009



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 Notice Proposed Rule Permanent (Final) Rule
Aging and Disability Services Administration (ADSA)
ADSA-Division of Developmental Disabilities (DDD)
Chapter 388-515 WAC Alternate living -- Institutional medical. Amending the requirements to comply with state budget appropriations. Debbie Roberts

ADSA-DDD

WSR 09-01-139


Filed

12/22/08

Chapter 388-823 WAC DDD intake and determination of developmental disabilities. Amending the requirements to comply with state budget appropriations. Debbie Roberts

ADSA-DDD

WSR 09-01-138


Filed

12/22/08

Chapter 388-823 WAC Division of developmental disabilities intake and determination of developmental disabilities. Combining the eligibility rules for "another neurological condition" with "other condition closely related to mental retardation or that requires treatment similar to that required for individuals with mental retardation." Debbie Roberts

ADSA-DDD

WSR 08-17-096


Filed

8/20/08

Chapter 388-825 WAC Division of developmental disabilities service rules. Amending the requirements to comply with state budget appropriations. Debbie Roberts

ADSA-DDD

WSR 09-01-136


Filed

12/22/08

Chapter 388-826 WAC Voluntary placement program. Changing the name of the chapter to children's residential services - voluntary placement and updates the rules throughout the chapter to provide more consistent administration, delivery, and monitoring across the state to all recipients of voluntary placement services. Debbie Roberts

ADSA-DDD

WSR 08-19-052


Filed

9/11/08

Chapter 388-827 WAC State supplementary payment program. Amending the requirements to comply with state budget appropriations. Debbie Roberts

ADSA-DDD

WSR 09-01-137


Filed

12/22/08

Chapter 388-828 WAC DDD assessment. Adding language to chapter 388-828 WAC to clarify the individual support plan process. Debbie Roberts

ADSA-DDD

WSR 08-16-138


Filed

8/6/08

Chapter 388-828 WAC DDD assessment. Adding the children's intensive in-home behavioral support program algorithm. Debbie Roberts

ADSA-DDD

388-828-1620

WSR

08-22-040


Filed

10/30/08

WSR 08-20-087


Filed

9/29/08

Chapter 388-828 WAC DDD assessment. Amending the requirements to comply with state budget appropriations. Debbie Roberts

ADSA-DDD

WSR 09-01-135


Filed

12/22/08

WAC

388-828-5020

388-828-5520

388-828-8020

388-828-9520

388-828-9530

388-828-9540

388-828-9700

DDD assessment--Resident algorithm. Renumbering the rules in the resident algorithm. Debbie Roberts

ADSA-DDD

Expedited Rule


CR-105

WSR

08-17-113


Comment deadline:

10/21/08

Chapter 388-831 WAC Community protection program. Amending the requirements to comply with state budget appropriations. Debbie Roberts

ADSA-DDD

WSR 09-01-133


Filed

12/22/08

WAC

388-831-0010

388-831-0030

Who are individuals with community protection issues? Including individuals who have a history of violent behavior which demonstrates the likelihood to commit a violent act. Debbie Roberts

ADSA-DDD

WSR 09-02-077


Filed

1/7/09

WSR 09-01-047


Filed

12/10/08

Chapter 388-832 WAC Individual and family services. Clarifying language, reformatting sections for clarity, and removing some limitations for the receipt of services. Debbie Roberts

ADSA-DDD

WSR 08-23-042


Filed

11/12/08

Chapter 388-832 WAC Individual and family services program. Amending the requirements to comply with state budget appropriations. Debbie Roberts

ADSA-DDD

WSR 09-01-134


Filed

12/22/09

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

ADSA-DDD

Planned for future action
Chapter 388-837 WAC Residential habilitation center ICF/MR program. Amending the requirements to comply with state budget appropriations. Debbie Roberts

ADSA-DDD

WSR 09-01-131


Filed

12/22/08

Chapter 388-845 WAC Division of developmental disabilities home and community based services waivers. Defining the procedures for administering the home and community based services waiver, incorporating changes regarding who is eligible to receive respite care, as specified in the waivers approved by the federal Centers for Medicare and Medicaid Services under Section 1915 (c) of the Social Security Act, and revising the reasons for termination from the community protection waiver to be consistent with the new rules contained in chapter 388-831 WAC. Debbie Roberts

ADSA-DDD

WSR 08-17-098


Filed

8/20/08

Chapter 388-845 WAC Division of developmental disabilities home and community based services waivers. Adding a fifth waiver, known as the children's intensive in-home behavioral supports (CIIBS). Debbie Roberts

ADSA-DDD

WSR 08-19-112


Filed

9/17/08

Chapter 388-845 WAC DDD home and community based services waivers. Amending the requirements to comply with state budget appropriations. Debbie Roberts

ADSA-DDD

WSR 09-01-130


Filed

12/22/08

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

ADSA-DDD

Planned for future action
Chapter 388-850 WAC County plan for developmental disabilities. Amending the requirements to comply with state budget appropriations. Debbie Roberts

ADSA-DDD

WSR 09-01-132


Filed

12/22/08

ADSA - Home and Community Services (HCS)
Chapters 388-71 and 388-106 WAC Home and community services programs and long-term care services. Repealing rules and removing references to adult day health. Tiffany Sevruk

ADSA-HCS

WSR 09-01-140


Filed

12/22/08

Chapters 388-71 and 388-106 WAC Home and community services programs and long-term care services. Redefining in-home personal care services. Tiffany Sevruk

ADSA-HCS

WSR 09-01-141


Filed

12/22/08

Chapters 388-71 and 388-112 WAC Residential long-term care services and home and community services and programs. Adding training requirements for nurse delegation training and HIV/AIDS training. Barbara Hanneman

ADSA-HCS

WSR 08-15-135


Filed

7/22/08

WSR 08-22-053


Hearing

12/9/08

WSR 09-03-066


Effective

2/14/09

WAC

388-513-1301

388-513-1350

Long-term care services. Updating resource standards and definitions. Lori Rolley

ADSA-HCS

WSR 08-23-041


Filed

11/12/08

WAC

388-513-1315

388-513-1320

Institutional status for long-term care services. Clarifying institutional status and adding information regarding excess home equity, updating WAC references and clarifying language. Lori Rolley

ADSA-HCS

WSR 08-13-089


Filed

6/17/08

WSR 09-03-096


Hearing

2/24/09

WAC

388-513-1340

388-513-1345

Determining income for long-term care. Adding interest or dividend income as an exclusion, correcting language regarding department of veterans affairs and other changes. Lori Rolley

ADSA-HCS

WSR 09-01-142


Filed

12/22/08

WAC

388-513-1380

Determining a client's participation in the cost of care for long-term care (LTC) services. Amending the personal needs allowance and updating the language regarding standard shelter allocation. Lori Rolley

ADSA-HCS

WSR 08-24-077


Filed

12/1/08

WAC

388-515-1512

388-515-1514

Categorically needy program. Incorporating the $20 disregard and increase the personal needs allowance. Lori Rolley

ADSA-HCS

WSR 08-18-077


Filed

9/3/08

WSR 08-21-145


Hearing

11/25/08

WSR 08-24-069


Effective

1/1/09

WAC

388-561-0200

388-561-0201

Annuities. Adding new requirements pertaining to the treatment of annuities and clarifying and updating the rules. Lori Rolley

ADSA-HCS

WSR 08-21-152


Filed

10/21/08

WSR 09-01-151


Hearing

1/27/09 (the permanent filing will supersede WSR 08-20-117)

WSR 08-20-117


Effective

4/1/09

WAC

388-561-0300

Life estates. Adding Deficit Reduction Act language and improving the clarity and readability of the rule. Lori Rolley

ADSA-HCS

WSR 08-21-151


Filed

10/21/08

ADSA - Office of Rates Management
Chapter 388-96 WAC Nursing facility medicaid payment system. Establishing reporting requirements and a settlement process to ensure that funds are spent on increasing wages in accordance with section 206(9), chapter 329, Laws of 2008. Patricia Hague

ADSA - Office of rates management

WSR 08-22-016


Filed

10/27/08

WSR 08-12-071


Filed

6/3/08

WAC

388-105-0005

388-105-0045

Medicaid rates for contracted home and community residential care services. Implementing adult family home provider rates to implement phase one of the 17 CARE level payment system for community care providers and clarifying bed hold policy. Patricia Hague

ADSA - Office of rates management

WSR 08-22-015


Filed

08-22-015 [10/28/08]

WSR 08-12-070


Filed

6/3/08

WAC

388-105-0005

388-105-0045

Medicaid rates for contracted home and community residential care services. Possibly reducing rates for home and community residential providers. Patricia Hague

ADSA - Office of rates management

WSR 09-01-153


Filed

12/22/08

ADSA - Residential Care Services (RCS)
WAC

388-76-10000

388-76-10230

388-76-10235

388-76-10330

388-76-10355

388-76-10650

388-76-10720

388-76-10725

388-76-10775

388-76-10840

388-76-10845

388-76-10870

388-76-10930

388-76-10995

Adult family home rules. Clarifying requirements; making grammatical and technical corrections. Maureen Lally

ADSA-RCS

WSR 08-04-109


Filed

2/6/08

WSR 08-21-036


Hearing

11/25/08

WSR 09-03-029


Effective

2/12/09

WAC

388-76-10036

388-76-10040

388-76-10080

388-76-10105

388-76-10170

388-76-10173

388-76-10174

388-76-10335

388-76-10645

388-76-10783

388-76-10784

388-76-10785

388-76-11015

Adult family home rules. Clarifying requirements, making technical corrections, and updating sections due to statutory changes enacted during the 2008 legislative session. Maureen Lally

ADSA-RCS

WSR 08-16-132


Filed

8/6/08

WSR 08-22-104


Hearing

12/9/08

WSR 09-03-030


Effective

2/12/09

WAC

388-76-10120

388-76-10125

388-76-10955

388-76-10960

Adult family home rules. Clarifying requirements to when the department must and may deny a license and when the department must and may impose a remedy. Maureen Lally

ADSA-RCS

WSR 08-16-133


Filed

8/6/08

WSR 08-22-103


Hearing

12/9/08

WSR 09-03-028


Effective

2/12/09

Chapter 388-78A WAC 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

WSR 08-16-119


Hearing

9/23/08

WSR 09-01-052


Effective

1/10/09

Chapter 388-78A WAC Boarding homes. Adding new sections to implement ESSB [ESHB] 2668. Sections 2 and 3 of this bill address respite care in boarding homes. DSHS is also considering amending sections relating to plans of correction. Todd Henry

ADSA-RCS

WSR 08-10-061


Filed

5/5/08

WSR 08-16-120


Hearing

9/23/08

WSR 09-01-079


Effective

1/15/09


Except:

388-78A-3150

388-78A-3152

Effective

5/1/09

WAC

388-78A-2710

388-78A-2780

388-78A-3220

388-78A-3410

388-78A-3420

388-78A-3430

388-78A-3440

388-78A-3450

388-78A-3460

Boarding homes. Changing rules on change of ownership, resident protection program and enforcement actions. Todd Henry

ADSA-RCS

WSR 08-21-076


Filed

10/24/08

WSR 09-01-176


Hearing

1/27/09

WAC

388-110-140

Assisted living facility structural requirements. Correcting an inadvertent omission of a structural requirement of a sink in the kitchen area of a resident unit. Todd Henry

ADSA-RCS

WSR 08-16-104


Filed

8/5/08

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

388-15-021

How does CPS respond to reports of alleged child abuse or neglect? Establishing a ninety day timeline for a CPS investigation. Tina Stern Children's Administration WSR 08-22-086


Filed

11/4/08

WSR 09-02-076


Hearing

2/10/09

Chapter 388-25 WAC Financial support of foster children. Establishing, updating, aiding, explaining and strengthening services provided for protection and care of children needing out-of-home placement. Carrie Kendig Children's Administration WSR 08-05-044


Filed

2/13/08

Chapter 388-27 WAC Guardianship subsidies. Creating rules to provide clarity and guidance to persons receiving guardianship subsidy. Lonnie Locke Children's Administration WSR 08-05-045


Filed

2/13/08

WAC

388-32-0020

388-32-0025

388-32-0030

Family reconciliation services. Reflecting efforts to best serve the needs of families served by children's administration, supporting access to appropriate services for families with adolescents across programs. Tim Kelly Children's Administration WSR 08-05-043


Filed

2/13/08

Chapter 388-39A WAC Child welfare services -- Complaint resolution. Child welfare services -- Complaint resolution. Children's Administration Planned for future action.
Chapter 388-61A WAC Shelters for victims of domestic violence. Updating and deleting outdated sections, and developing new sections specifically covering nonresidential services provided by emergency shelter contractors. Susan Hannibal Children's Administration WSR 08-06-086
Economic Services Administration (ESA)
ESA Division of Child Support (DCS)
Chapter 388-14A WAC Division of child support rules. Adopting new and amended sections to implement state legislation which implements the federal Deficit Reduction Act of 2005 regarding distribution of child support collections. Nancy Koptur

ESA-DCS

WSR 08-20-082


Filed

9/29/08

WSR 08-06-089


Filed

3/5/08

WSR 08-22-028


Hearing

12/23/08

WSR 09-02-059


Effective

1/27/09

Chapter 388-14A WAC Division of child support rules. Considering improvements to the conference board process in order to streamline agency procedures, increase efficiency, and increase the level of customer service. Nancy Koptur

ESA-DCS

WSR 08-08-113


Filed

4/2/08

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 - Community Services Division (CSD)
WAC

388-310-0500

388-310-0900

388-310-1000

388-310-1050

WorkFirst. Invoking new options under the final Deficit Reduction Act, and maximizing the state's ability to meet the federal work participation rate. Stephanie Nielsen

ESA-CSD

WSR 08-20-097


Filed

9/30/08

WSR 08-20-050


Filed

9/24/08

WAC

388-310-0800

WorkFirst--Support services. Removing support services for recipients of diversion cash assistance who are receiving career services through the employment security department. Ian Horlor

ESA-CSD

WSR 08-23-098


Filed

11/19/08

WAC

388-310-2100

WorkFirst career services program. Allow parents with dependent children who receive basic food assistance and are working thirty or more hours a week to enroll in the career services program. Ian Horlor

ESA-CSD

WSR 08-20-048


Filed

9/24/08

WSR 08-23-100


Hearing

12/23/08

WSR 09-02-029


Effective

2/1/09

WAC

388-400-0040

388-450-0150

388-450-0162

388-450-0185

WASHCAP and Basic Food. Reflecting department policy related to income and deduction used to determine a household's eligibility and benefit level under the Washington state combined application program (WASHCAP), Basic Food, and other assistance programs. John Camp

ESA-CSD

WSR 08-21-082


Filed

10/14/08

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-CSD

WSR 07-12-030


Filed

5/30/07

WAC

388-412-0040

Can I get my benefits replaced? Streamlining and expediting the benefits replacement process for clients, minimizing the amount of time they will be left without any food that is damaged by a disaster event. Don Winslow

ESA-CSD

WSR 09-01-059


Filed

12/11/08

WAC

388-418-0005

388-418-0007

388-418-0011

388-416-0005

Simplified reporting. Amending sections to expand simplified reporting to households as allowed under the 2008 farm bill. Don Winslow

ESA-CSD

WSR 08-15-133


Filed

7/22/08

WAC

388-418-0020

How does the department determine the date a change affects my benefits? Revising the rules to make them easier to understand and clarifying the effective date when a change causes an increase in benefits. Bill Callahan

ESA-CSD

WSR 08-04-075


Filed

2/4/08

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-CSD

WSR 06-20-073


Filed

9/29/06

WAC

388-444-0005

388-444-0040

Food stamp employment and training. Allowing participants in the food stamp employment and training (FS E&T) program the option to volunteer to participate more than one hundred twenty hours per month. WSR 08-20-084


Filed

9/29/08

WSR 08-03-095


Filed

1/17/08

WSR 08-23-102


Hearing

12/23/08

WAC

388-448-0030

388-448-0040

Providing medical evidence. Amending the description of medical evidence requirements needed to determine incapacity to align the rules with the intent of RCW 74.04.005. Melissa Mathson

ESA-CSD

WSR 08-13-048


Filed

6/12/08

WSR 08-19-044


Hearing

10/21/08

WAC

388-448-0050

How we determined the severity of mental impairments. Amending the section to replace obsolete and outdated medical descriptions and references. Melissa Mathson

ESA-CSD

WSR 08-15-131


Filed

7/22/08

WSR 08-22-054


Hearing

12/9/08

WAC

388-450-0005

388-450-0100

388-450-0106

388-450-0140

388-450-0155

388-450-0156

388-450-0157

388-450-0160

388-470-0060

Sponsor deeming. Clarifying how sponsor's income and resources are deemed available to the sponsored immigrants. Tom Berry

ESA-CSD

WSR 08-17-114


Filed

8/20/08

WAC

388-450-0015

388-470-0045

Counting income when figuring out benefits. Applying the federal policy regarding economic stimulus rebate payments. Melissa Mathson

ESA-CSD

WSR 09-01-148


Filed

12/22/08

WSR 08-09-112


Filed

4/21/08

WSR 08-24-082


Hearing

1/6/09

WAC

388-450-0015

388-450-0185

Counting income when figuring benefits. Assisting low income families in meeting their child support debts while enhancing their supplies of food. Don Winslow

ESA-CSD

WSR 08-14-119


Filed

7/1/08

WAC

388-450-0040

Native American benefits and payments. Correctly reflecting how the various Native American payments are to be treated when the department determines eligibility for DSHS programs. Don Winslow

ESA-CSD

WSR 08-15-130


Filed

7/22/08

WAC

388-452-0005

Do I have to be interviewed in order to get benefits? Amending rules for Basic Food consistent with approved waivers to interview requirements under 7 CFR 273.2 (e) related to required interviews for the supplemental nutrition assistance program (SNAP). John Camp

ESA-CSD

WSR 08-22-085


Filed

11/4/08

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 unrelated children in their care. Tom Berry

ESA-CSD

WSR 06-09-037


Filed

4/13/06

WAC

388-454-0015

Temporary absence from the home. Clarifying the policy regarding situations that do not meet the criteria of a temporary absence as described in subsection (4) of the WAC. Tom Berry

ESA-CSD

WSR 09-02-058


Filed

1/5/09

WAC

388-478-0015

Need standards for cash assistance. Revising the basic need standards for cash assistance. Jenny Grayum

ESA-CSD

WSR 08-15-134


Filed

7/22/08

WSR 08-20-081


Hearing

11/4/08

WSR 08-24-070


Effective

1/1/09

WAC

388-489-0025

Can my transitional food assistance benefits end before the end of my five-month transition period? Correcting a typographical error in the rule. John Camp

ESA-CSD

WSR 08-17-107


Filed

8/20/08

WSR 08-21-104


Hearing

11/25/08

WSR 09-01-049


Effective

1/10/09

Health and Recovery Services Administration (HRSA)
HRSA-Division of Alcohol and Substance Abuse (DASA)
Chapter 388-805 WAC 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

WSR 08-15-106


Hearing

9/23/08

WSR 08-24-083


Effective

1/1/09

HRSA-Mental Health Division (MHD)
WAC

388-865-0105

388-865-0410

388-865-0484

388-865-0511

388-865-0526

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-MHD

WSR 09-01-099


Filed

12/17/08

WSR 08-01-107


Filed

12/18/07

WSR 08-18-047


Hearing

10/7/08

WSR 09-02-030


Effective

1/30/09

WAC

388-865-0405

388-865-0452

388-865-0456

388-865-0466

388-865-0468

Community mental health and involuntary treatment programs. Codifying safety requirements for mental health professionals who conduct home visits to stabilize persons in crisis. Kevin Sullivan

HRSA-MHD

WSR 09-03-098


Filed

1/21/09

HRSA-Medical Assistance (MA)
WAC

388-416-0015

388-418-0025

388-478-0075

388-505-0210

388-505-0211

388-542-0010

388-542-0020

388-542-0050

388-542-0300

Children's healthcare program (Apple Health for Kids). Expanding premium-based children's healthcare for children in households with incomes up to and including 300% of the federal poverty level. Jonell O. Blatt

HRSA-MA

WSR 08-15-006


Filed

7/3/08

WSR 08-21-105


Hearing

11/25/08

WAC

388-490-0005

The department requires proof before authorizing benefits for cash, medical, and Basic Food. Updating the citizenship exemptions based on modifications to the Deficit Reduction Act (DRA) final rule and changes to Section 405 (c)(1) of the Tax Relief and Health Care Act of 2006 (TRHCA). Kathy Sayre

HRSA-MA

WSR 08-20-088


Filed

9/29/08

WSR 08-23-099


Hearing

12/23/08

WSR 09-02-057


Effective

2/5/09

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

388-501-0055

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

388-501-0060

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

388-502-0160

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

388-505-0230

388-505-0235

388-505-0240

388-505-0245

388-505-0250

388-505-0255

388-505-0260

388-505-0265

388-505-0270

Family medical. Codifying institutional medical eligibility for clients who are categorically related to the temporary assistance for needy families (TANF) program. Wendy Boedigheimer

HRSA-MA

WSR 09-01-152


Filed

12/22/08

WSR 07-12-031


Filed

5/30/07

WSR 09-01-144


Hearing

2/10/09

WAC

388-519-0100

388-519-0110

Spenddown. Clarifying language, updating outdated WAC references, and adding additional provisions to the rules to comply with federal regulations relating to expenses an individual can use toward meeting spenddown. Jonell Blatt

HRSA-MA

388-519-0110

WSR

08-21-126


Filed

10/17/08

WSR 08-19-032


Filed

9/9/08

WSR 09-01-181


Hearing

1/27/09

WAC

388-526-2610

Prehearing reviews for clients who request a fair hearing. Adding new sections to the chapter that are specific to the HRSA medical care programs in order to expand on and better define administrative hearing rules. Kathy Sayre

HRSA-MA

WSR 08-10-064


Filed

5/5/08

WAC

388-527-2730

388-527-2737

388-527-2750

388-527-2820

Estate recovery. Complying with legislation passed in 2008 for state registered domestic partners who receive medical services through DSHS. It adds both rights and responsibilities for registered partners, recognizing the partnerships for DSHS medical programs, federally-matched or state-funded. Wendy Boedigheimer

HRSA-MA

WSR 08-21-146


Filed

10/21/08

WSR 09-03-109


Hearing

2/24/09

WAC

388-530-1000

388-530-2000

388-530-2100

Outpatient drug program. Updating a cross reference and to clarify that the department does not cover over-the-counter drugs, vitamins, and minerals except when determined by the department to be the least costly therapeutic alternative for a medically accepted indication. Jonell O. Blatt

HRSA-MA

WSR 08-10-109


Filed

5/7/08

WSR 08-24-078


Hearing

1/6/09

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

WAC

388-533-1000

First steps childcare program. Eliminating the First steps childcare program. Kevin Sullivan

HSRA-MA

WSR 09-01-143


Filed

12/22/08

Chapter 388-537 WAC 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

WSR 08-15-129


Filed

7/22/08


Supplemental

WSR

08-19-100


Hearing

10/21/08

Chapter 388-541 WAC Children's full premium (CFP) program. Creating rules to give families whose income is greater than 300% of the federal poverty level the opportunity to purchase healthcare coverage for their children. Kevin Cornell

HRSA-MA

WSR 08-13-003


Filed

6/5/08

WAC

388-543-1200

Providers who are eligible to provide services. Removing the requirement for durable medical equipment providers to have "appropriately trained, qualified staff." Wendy Boedigheimer

HRSA-MA

WSR 08-22-021


Filed

10/28/08

WSR 09-01-174


Hearing

1/27/09

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 their own 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

WAC

388-546-5500

Modifications of privately owned vehicles. Repealing this rule due to budget constraints. Jonell O. Blatt

HRSA-MA

WSR 09-03-099


Filed

1/21/09

Chapter 388-548 WAC Federally qualified health centers. Implementing the federal payment methodology for federally qualified health centers. The federal benefit improvement and Protection Act of 2000 replaced cost-based reimbursement methodology with medicaid FQHC prospective payment system. Wendy Boedigheimer

HRSA-MA

WSR 08-14-125


Filed

7/1/08

Chapter 388-550 WAC Hospital services -- Disproportionate share hospitals. Update and clarify sections in chapter 388-550 WAC that pertain to the disproportionate share hospital program. Kathy Sayre

HRSA-MA

WSR 08-22-023


Filed

10/28/08

Juvenile Rehabilitation Administration (JRA)
Chapter 388-700 WAC 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 WAC Collection of costs of support, treatment and confinement of juveniles under RCW 13.40.220. More accurately reflecting gross personal income levels used to calculate obligation to reimburse the department and current costs of institutional care for juveniles in legal custody of the department. Lee Mosley

JRA

WSR 09-01-073


Filed

12/15/08

Chapter 388-745 WAC 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 WAC Impact account -- Criminal justice cost. Review for potential updates. Ken Moses

Trent Phillips

JRA

Planned for future action.
Executive Programs (Exec)
Exec - Management Services
Chapter 388-02 WAC Hearing rules. Making rules consistent with case law, facilitating timely processing of administrative hearings, promoting consistency in administrative hearing decisions, and clarifying rules. Brian Lindgren

MS-Board of Appeals

WSR 08-22-051


Filed

11/3/08

WAC 388-02-0025 Where is the office of administrative hearings located? Correcting two outdated addresses for the office of administrative hearings. Brian Lindgren

MS-Board of Appeals

Expedited notice CR-105


WSR 08-16-101


Comment deadline:

10/6/08

Chapter 388-03 WAC Rules and regulations for the certification of DSHS spoken language interpreters and translators. Updating 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 applications [applicants] of their test dates, reviewing the chapter for other necessary changes. Hungling Fu

Katherine Vasquez

MS-Language testing and certification

WSR 08-12-067


Filed

6/3/08

WAC

388-06-0110

388-06-0150

388-06-0160

Background checks. Updating background check requirements for certain child care providers and children returning to their home and complying with the federal Adam Walsh Act of 2006. Cindy LaRose

MS-Background check central unit

WSR 08-23-010


Filed

11/6/08

WSR 07-11-097


Filed

5/16/07

WSR 08-24-080


Hearing

1/6/08

WAC

388-06-0010

388-06-0600

388-06-0605

388-06-0610

388-06-0615

388-06-0620

388-06-0625

388-06-0630

388-06-0635

388-06-0640

Background checks. Replacing department of personnel rules regarding DSHS employees that were repealed effective July 22, 2007, with chapter 387, Laws of 2007. Cindy LaRose

MS-Background check central unit

WSR 08-23-009


Filed

11/6/08

WSR 07-11-097


Filed

5/16/07

WSR 08-22-039


Hearing

12/9/08

WSR 09-03-003


Effective

2/8/09

Exec - Office of Deaf and Hard of Hearing Services
Chapter 388-818 WAC Deaf and hard of hearing services. No current rule-making activity.
Exec - Office of Risk Management (ORM)
Chapter 388-01 WAC 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.
Exec - Planning, Performance and Accountability (PPA)
Chapter 388-04 WAC Protection of human research subjects. No current rule-making activity.
Exec - Special Commitment Center (SCC)
Chapter 388-885 WAC 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

Vocational Rehabilitation (DVR)
Chapters

388-891

388-892 WAC

No current rule-making activity.


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 120 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 United States 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 United States 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