WSR 21-04-080
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed January 29, 2021, 5:11 p.m.]
Following is the department of social and health services (DSHS) semi-annual rule-making agenda for January 1 - June 30, 2021. This agenda will be published in the Washington State Register as required in RCW 34.05.314 and distributed to interested parties. It is also available online at https://www.dshs.wa.gov/office-of-the-secretary/dshs-semi-annual-rule-making-agenda.
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 - June 30, 2021
Administration/Division
WAC
Sections
Purpose for Rule Making
CR-101
Filings
CR-102
andCR-105
Filings
CR-103E
Filings
Aging and Long-Term Support Administration
Home and Community Services Division
 
New chapter in Title 388 WAC; chapters 388-71, 388-106, 388-113, and 388-114 WAC
The department is planning to create a new chapter, amend these and other related rules as may be required.
WSR 20-08-093
Filed 3/30/2020
 
 
 
WAC 388-71-0100 through 388-71-01281
The department is planning to amend rules and create a new chapter for adult protective services, add a definition, include the petition process for nursing assistants, and other related rules as may be required.
WSR 20-18-089
Filed 9/02/2020
 
 
 
388-106-0050
The department is amending "What is an assessment?"
WSR 20-24-087
Filed 11/25/2020
 
WSR 20-23-043
Filed 11/12/2020
 
388-71-0975
The department is amending "Who is required to obtain certification as a home care aide, and when?" to clarify how to interpret the long term care worker qualifications and requirements that have specific time periods for compliance when there has been a period of time in which the underlying requirements were suspended and waived in whole or part by emergency proclamation by the governor.
WSR 21-01-121
Filed 12/15/2020
 
WSR 21-01-018
Filed 12/3/2020
Residential Care Services Division
 
Chapter 388-78A WAC
The department is considering adding new sections and repealing and amending existing sections in "assisted living facility licensing rules" to consolidate the rules related to background checks, negative actions, and character, competence, and suitability determinations between home and community services, residential services, and developmental disabilities administration (DDA).
WSR 18-17-159
Filed 8/21/2018
 
 
 
Chapter 388-97 WAC
The department is considering adding new sections and repealing and amending existing sections in "nursing homes" including WAC 388-97-1790, 388-97-1800, 388-97-1820, and other related rules as maybe required.
WSR 18-17-175
Filed 8/22/2018
 
 
 
Chapter 388-76 WAC
The department is considering adding new sections and repealing and amending existing sections in "adult family home minimum licensing requirements."
WSR 18-17-177
Filed 8/22/2018
 
 
 
Chapter 388-107 WAC
The department is considering adding new sections and repealing and amending existing sections in "licensing requirements for enhanced services facilities."
WSR 18-17-178
Filed 8/22/2018
 
 
 
Chapter 388-76 WAC
The department is considering amending "adult family home minimum licensing requirements."
WSR 19-03-148
Filed 1/22/2019
WSR 20-22-102
Filed 11/3/2020
WSR 20-11-055
Filed 5/19/2020
WSR 20-02-013
Filed 12/19/2019
 
 
388-97-0001, 388-97-1090
The department is considering amending definitions, direct care hours, and other related rules as may be required to implement EHB 1564 (chapter 301, Laws of 2019).
WSR 20-08-101
Filed 3/30/2020
 
 
 
388-107-0460, 388-107-0490, 388-76-10265, 388-76-10285, 388-76-10290, 388-78A-2480, 388-78A-2484, 388-78A-2485
The department is temporarily repealing or amending rules to assure long-term care programs are not significantly impeded during the hiring process due to inability to access the tuberculosis (TB) testing required as a part of the hiring process.
WSR 20-16-069
Filed 7/29/2020
 
WSR 20-24-060
Filed 11/24/2020
WSR 20-16-102
Filed 7/31/2020
WSR 20-09-009
Filed 4/2/2020
 
388-97-0120, 388-97-0920, 388-97-1000, 388-97-1020, 388-97-1915, 388-97-1975
The department is amending rules and repealing WAC 388-97-0920 to assure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak.
WSR 20-17-005
Filed 8/5/2020
 
WSR 21-01-035
Filed 12/7/2020
WSR 20-17-048
Filed 8/11/2020
WSR 20-09-074
Filed 4/13/2020
 
388-78A-2524, 388-78A-2525, 388-78A-2526
The department is temporarily amending rules to assure assisted living facilities are not significantly impeded during the hiring process due to an administrator's inability to obtain a certificate of completion of a recognized administrator training as referenced in WAC 388-78A-2521.
WSR 20-17-085
Filed 8/13/2020
 
WSR 21-01-129
Filed 12/16/2020
WSR 20-18-001
Filed 8/20/2020
WSR 20-10-005
Filed 4/23/2020
 
388-97-1260
The department is amending to assure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak. These amendments will align state nursing home rules with federal rules that were suspended or amended to help facilitate care during the COVID-19 pandemic.
WSR 20-17-133
Filed 8/18/2020
 
WSR 21-01-192
Filed 12/22/2020
WSR 20-18-022
Filed 8/26/2020
WSR 20-10-034
Filed 4/28/2020
 
Chapter 388-107 WAC
The department is considering amending these and other related rules as may be required to implement SHB 2448 (chapter 278, Laws of 2020).
WSR 20-10-091
Filed 5/5/2020
 
 
 
388-97-0300
The department is amending rules to assure nursing homes are not significantly impeded from [no further information supplied by agency].
WSR 20-19-009
Filed 9/3/2020
 
WSR 21-02-074
Filed 1/5/2021
WSR 20-19-040
Filed
9/10/2020
WSR 20-11-043
Filed 5/15/2020
 
388-97-1740, 388-97-1760, 388-97-2400
The department is amending rules in chapter 388-97 WAC to assure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak.
WSR 20-21-034
Filed 10/12/2020
 
WSR 20-21-086
Filed 10/21/2020
WSR 20-14-026
Filed 6/23/2020
 
388-76-10695, 388-76-10730
The department is amending sections in chapter 388-76 WAC, Adult family home minimum licensing requirements, including building codes—Structural requirements, grab bars and hand rails, and other related rules as may be required.
WSR 20-14-117
Filed 7/1/2020
WSR 20-22-100
Filed 11/3/2020
 
 
388-101-3130
The department is amending to assure certified community residential services and supports service providers are not significantly impeded from providing services and support to clients during the COVID-19 pandemic.
WSR 20-24-092
Filed 11/25/2020
 
WSR 21-01-010
Filed 12/3/2020
WSR 20-17-012
Filed 8/6/2020
 
388-101-3020
The department is considering amending compliance, and other related rules as may be required.
WSR 20-23-054
Filed
11/13/2020
 
 
 
388-97-1380, 388-97-1580
The department is amending WAC 388-97-1380 and 388-97-1580 to assure nursing homes are not obstructed from offering the COVID-19 vaccine to residents and staff because of clinical interference from required TB testing.
 
 
WSR 21-04-020
Filed
1/25/2021
Behavioral Health Administration
 
Chapter 388-878 WAC
The department is planning to develop rules for the conditions of participation in the outpatient competency restoration program, within the framework of the forensic mental health care system.
WSR 20-08-116
Filed 3/31/2020
 
 
Developmental Disabilities Administration
 
388-845-2019
The department is amending to make temporary modifications to DDA's home and community based services waivers to control the spread of the COVID-19 virus and to meet immediate health and safety needs.
WSR 20-15-010
Filed 7/2/2020
 
WSR 20-22-035
Filed 10/27/2020
WSR 20-14-101
Filed 6/30/2020
WSR 20-08-056
Filed 3/25/2020
 
Chapter 388-828 WAC
The department is planning to amend to implement the consumer-directed employment program and align with changes being made to modernize the comprehensive assessment reporting evaluation (CARE) system.
WSR 20-08-058
Filed 3/25/2020
 
 
 
Chapter 388-826 WAC
The department is planning to align with recent amendments to chapter 74.13 RCW regarding "out-of-home services," currently referred to as "voluntary placement services" in chapter 388-826 WAC.
WSR 20-09-150
Filed 4/22/2020
 
 
 
388-101D-0065; chapter 388-825 WAC;
388-845-2205, 388-845-1615
The department is planning to amend these and other related rules as may be required to implement the consumer-directed employer program and align with changes being made to modernize the CARE system. DDA is also planning to amend rules to align with amendments being made by the aging and long-term support administration to chapters 388-71 WAC and 388-113 WAC.
WSR 20-14-029
Filed 6/23/2020
 
 
 
WAC 388-829R-170, 388-829R-230, 388-829-0005, 388-829-0045
The department is planning to amend these and other related rules as may be required to add overnight planned respite services providers, to correct and clarify terminology used, and add a new section about client rights.
WSR 20-14-099
Filed 6/30/2020
 
 
 
Chapter 388-829Z WAC
The department is planning to create a new chapter for emergency transitional respite, and create or amend other related rules as may be required.
WSR 20-16-138
Filed 8/3/2020
 
 
 
388-845-0001
The department is enacting these changes to align chapter 388-845 WAC with home and community based services waiver amendments approved by the Centers for Medicare and Medicaid Services.
WSR 20-20-100
Filed 10/5/2020
 
WSR 20-22-032
Filed 10/26/2020
WSR 20-20-068
Filed 10/1/2020
 
388-823-0500, 388-823-0510
The department is planning to amend these and other related rules as may be required to align with changes made to the diagnostic statistical manual and clarify rule language as requested by stakeholders.
WSR 20-21-095
Filed 10/20/2020
 
 
 
Chapter 388-847 WAC
The department is considering creating a new chapter and amending other related rules as may be required to govern the new stabilization, assessment, and intervention facility program.
WSR 21-01-111
Filed 12/14/2020
 
 
 
388-829-0005
The department [is] planning to amend this and other related rules as may be required to add more provider types.
WSR 21-01-118
Filed 12/14/2020
 
 
 
388-101D-0200
The department is amending this and other related rules as may be required regarding suspending and terminating a client's residential services.
WSR 21-03-042
Filed 1/14/2021
 
 
Economic Services Administration
Community Services Division
 
388-310-0350
The department is amending WorkFirst—Other exemptions from mandatory participation, to temporarily exempt temporary assistance for needy families (TANF) recipients from mandatory WorkFirst participation as a result of the public health crisis created by the COVID-19 virus (commonly referred to as the "coronavirus").
WSR 20-14-104
Filed 6/30/2020
WSR 20-23-040
Filed 11/10/2020
WSR 20-23-045
Filed 11/12/2020
WSR 20-15-079
Filed 7/14/2020
WSR 20-07-079
Filed 3/16/2020
 
388-447-0005, 388-447-0010, 388-447-0110, 388-449-0010, 388-449-0015, 388-449-0150
The department is amending what evidence do we consider to determine incapacity?; what medical evidence do I need to provide?; when does my eligibility for referral to the housing and essential needs (HEN) program end?; what evidence do we consider to determine disability?; what medical evidence do I need to provide?; and when does my eligibility for aged, blind, or disabled cash benefits end?
WSR 20-14-107
Filed 6/30/2020
WSR 20-23-075
Filed 11/16/2020
WSR 20-24-005
Filed 11/19/2020
WSR 20-16-015
Filed 7/23/2020
WSR 20-08-074
Filed 3/26/2020
 
388-437-0005
The department is creating changes to food assistance in response to the COVID-19 pandemic, to implement changes to food assistance benefit issuances for March and April 2020 as provided in the Families First Coronavirus Response Act (H.R. 6201) Section 2302.
WSR 20-17-124
Filed 8/18/2020
WSR 20-24-072
Filed 11/24/2020
WSR 21-01-193
Filed 12/22/2020
WSR 20-18-029
Filed 8/27/2020
WSR 20-10-048
Filed 4/29/2020
WSR 20-08-107
Filed 3/31/2020
 
Chapter 388-76 WAC
The department is considering amending to incorporate ESHB 1023, 2020 regular session, into the rules.
WSR 20-08-110
Filed 3/31/2020
 
 
 
388-484-0006
The department is amending TANF/SFA time limit extensions, to add a TANF time limit extension hardship category related to impacts of the COVID-19 pandemic (commonly known as the "coronavirus").
WSR 20-15-122
Filed 7/17/2020
WSR 20-20-072
Filed 10/2/2020
WSR 20-24-061
Filed 11/24/2020
WSR 20-16-082
Filed 7/30/2020
WSR 20-09-001
Filed 4/1/2020
 
388-436-0040, 388-436-0050, 388-436-0055
The department is amending excluded income and resources for CEAP; determining financial need and benefit amount for CEAP; and what is the disaster cash assistance program (DCAP)? These amendments are necessary to expand consolidated emergency assistance and related disaster cash assistance program during the statewide public health crisis created by the COVID-19 virus (commonly referred to as the "coronavirus").
WSR 20-16-129
Filed 8/3/2020
 
WSR 20-19-072
Filed 9/14/2020
WSR 20-17-069
Filed 8/13/2020
WSR 20-09-102
Filed 4/16/2020
 
388-444-0015, 388-444-0025
The community services division is planning to amend How can the basic food employment and training (BF E&T) program help me find work?, What expenses will the department pay to help me participate in BF E&T?, and other related rules as may be required.
WSR 20-09-134
Filed 4/21/2020
 
 
 
388-434-0015
The department is creating WAC 388-434-0015, Extension of certification periods and waiver of eligibility reviews and midcertification reviews during the COVID-19 pandemic.
WSR 20-22-062
Filed 10/30/2020
 
WSR 20-22-065
Filed 10/30/2020
WSR 20-10-046
Filed 4/29/2020
 
388-458-0011
The department is planning to amend "DSHS sends you a denial letter when you can't get benefits," and other related rules as may be required to ensure rules are consistent with FNS and Supplemental Nutrition Assistance Program (SNAP) regulations and formal guidance.
WSR 20-12-089
Filed 6/2/2020
 
 
 
388-482-0005
The department is planning to amend "How does being a student of higher education affect my eligibility for Washington basic food program?," and other related rules as may be required.
WSR 20-12-095
Filed 6/2/2020
WSR 20-23-050
Filed 11/12/2020
 
 
388-454-0006
The department is planning to amend "The department makes background checks on adults who are acting in place of a parent without court-ordered custody," and other related rules as may be required.
WSR 20-13-047
Filed 6/11/2020
WSR 20-20-086
Filed 10/5/2020
 
 
388-437-0015, 388-476-0005
The department is adopting a new WAC and amending Social Security number requirements, to align rule language more closely with federal regulation governing SNAP.
WSR 21-03-009
Filed 1/8/2021
WSR 20-22-079
Filed 11/3/2020
 
WSR 21-03-014
Filed 1/8/2021
WSR 20-16-084
Filed 7/30/2020
 
388-437-0020
The department is adopting availability of pandemic EBT benefits, to describe the eligibility of children under age five, place a deadline on receipt of all Pandemic EBT (P-EBT) applications, and place a deadline on the receipt of P-EBT benefits.
 
 
WSR 20-19-088
Filed 9/16/2020
WSR 20-19-059
Filed 9/11/2020
 
388-450-0185, 388-450-0190, 388-450-0195, 388-478-0060
The department is amending "What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?; How does the department figure my shelter cost income deduction for basic food?; Does the department use my utility costs when calculating my basic food or WASHCAP benefits?; and What are the income limits and maximum benefit amounts for basic food?" to implement annual adjustments to standards for the basic food program.
WSR 20-20-102
Filed 10/5/2020
WSR 20-24-056
Filed 11/24/2020
WSR 21-04-060
Filed 1/28/2021
WSR 20-20-035
Filed 9/30/2020
 
388-310-1600
The department is planning to amend WorkFirst-sanctions; and other related rules as may be required.
WSR 20-20-138
Filed 10/7/2020
 
 
 
388-434-0005
The department is proposing amendments to How often does the department review my eligibility for benefits?
 
 
 
 
388-412-0025
The department is planning to amend "How do I receive my benefits?" and other related rules as may be required.
WSR 20-22-077
Filed 11/3/2020
 
 
Division of Child Support
 
Chapter 388-14A WAC
The department is planning to amend sections in dealing with the establishment of administrative child support orders including "The notice and finding of financial responsibility is used to set child support when paternity is not at issue," "What can happen at a hearing on a support establishment notice?," and other related rules as may be required.
WSR 18-07-077
Filed 3/19/2018
 
 
 
Chapter 388-14A WAC
The department is planning to amend, adopt, or repeal sections to do the following: (1) Implement ESSB 6037 (chapter 6, Laws of 2018) and the technical corrections made to ESSB 6037 by SSB 5333 (chapter 46, Laws of 2019); and (2) update terminology and clarify and streamline the rules and procedures regarding parentage from the Uniform Parentage Act (adopted as chapter 26.26A RCW) to conform with current state and federal laws.
WSR 20-07-090
Filed 3/17/2020
 
 
 
388-14A-2210
The department is creating a new rule [to] clarify that temporary procedures employed by the United States Postal Service are acceptable for purposes of certified mail service.
WSR 20-09-148
Filed 4/22/2020
 
WSR 21-01-040
Filed 12/8/2020
WSR 20-17-060
Filed 8/12/2020
WSR 20-09-081
Filed 4/14/2020
 
Chapter 388-14A WAC
The department is planning to amend WAC 388-14A-3205 and other related rules as may be required involving division of child support income calculation.
WSR 20-14-021
Filed 6/22/2020
 
WSR 20-22-046
Filed 10/28/2020
WSR 20-14-018
Filed 6/22/2020
Katherine I. Vasquez
Rules Coordinator