AGENDA
SOCIAL AND HEALTH SERVICES
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.
Andy Fernando
RPAU Manager
DSHS Rules Coordinator
July 1, 2005 through December 31, 2005
This report describes rules under development by DSHS
administrations, divisions and other operating units from July
1, 2005, through December 31, 2005, as well as rule-making
notices filed near the end of the previous six-month period.
DSHS files this rule-making agenda with the Office of the Code
Reviser in January and July each year to comply with RCW 34.05.314. There may be additional DSHS rule-making activity
that cannot be forecasted as the department responds to new
state laws, to meet federal requirements, or to meet
unforeseen circumstances. This document is available at the
DSHS public rule-making web site,
http://www1.dshs.wa.gov/msa/rpau/.
If you have questions about this rule-making agenda or the DSHS rule-making process, please contact Andy Fernando, Rules and Policies Assistance Unit (RPAU) Manager, at P.O. Box 45850, Olympia, WA 98504-5850, by phone at (360) 664-6094, or by e-mail at FernaAX@dshs.wa.gov. If you would like to receive DSHS rule-making notices by e-mail, please visit the RPAU web site for available electronic mailing lists, at http://www1.dshs.wa.gov/msa/rpau/RPAU-Listserv.htm. If you would like to receive notices by postal mail, please contact Stephanie Schiller, Rules Consultant, at (360) 664-6097, or by e-mail at SchilSE@dshs.wa.gov.
Following the tables are explanations of the terms "preproposal notice," "proposed rule," "expedited rule," "permanent rule," "emergency rule," "WSR" and other selected terms used in this rule-making agenda.
| WAC Chapter or WAC # | Chapter or Subpart Caption | Subject Matter | Program Contact Person | Current Activity ("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) | |||||||
| New chapter
388-823 and 388-825 WAC |
DDD
intake and
determination of
developmental
disabilities DDD services rules |
Placing DDD eligibility criteria and process into a new WAC chapter. | Steve Brink, ADSA-DDD | WSR 05-07-081 Filed 3/15/05 Superseded by permanent rule |
WSR 02-07-107 Filed 3/20/02 |
WSR 05-04-057 Hearing 4/5/05 |
WSR 05-12-130 Effective 7/2/05 |
| New chapter 388-824 WAC | Chapter name not determined | Creating a developmental disabilities mini-assessment process per legislative directive. | Mark Eliason, ADSA-DDD | WSR 04-23-103 Filed 11/16/04 |
WSR 05-09-084 Original hearing 6/7/05 Supplemental notice to be filed 8/05 2nd hearing 9/6/05 |
||
| Chapter 388-825 WAC |
DDD services rules | Implementing new home and community based services waivers and related eligibility and hearing rights. | Steve Brink, ADSA-DDD | WSR 05-15-046 Filed 7/11/05 |
WSR 03-20-103 Filed 9/30/04 |
WSR 05-13-041 Hearing 7/26/05 |
|
| Chapter 388-825 WAC |
DDD services rules | Implementing a legislative directive to create a flexible family support pilot project. | Shirley
Everard, ADSA-DDD |
WSR 05-13-174 Filed 6/21/05 |
|||
| Chapters 388-825 and 388-850 WAC |
DDD
services
rules County plan for developmental disabilities |
Employment and day programs -returning program administration to counties. | Steve Brink, ADSA-DDD | WSR 05-09-019 Superseded by the permanent rule |
WSR 04-24-046 Filed 11/29/04 |
WSR 05-05-084 Hearing 3/22/05 |
WSR 05-11-015 Effective 6/9/05 |
| WAC 388-825-228 and 388-825-254 |
DDD services rules | Increasing vendor and individual provider rates as directed in the 2005-07 state operating budget (chapter 518, Laws of 2005). | Shirley Everard, ADSA-DDD | WSR 05-15-153 Filed 7/19/05 |
WSR 05-15-094 Filed 7/15/05 |
||
| Chapter 388-826 WAC | Voluntary placement program (VPP) | Foster care rate assessment and structure. | Linda Gil, ADSA-DDD | WSR 04-17-104 Filed 8/17/04 |
|||
| Chapter 388-835 WAC |
ICF/MR program and reimbursement system | Amending language to reflect new rates. | Planned for future action | ||||
| New chapter 388-845 WAC |
DD home and community based waiver services | Implementing new home and community based services allowed under federal waivers. | Steve Brink, ADSA-DDD | WSR 05-12-026 Filed 5/23/05 |
WSR 03-20-103 Filed 9/30/03 |
To be filed
8/05 Hearing 10/11/05 |
|
| Chapter 388-850 WAC |
County plan for developmental disabilities | Rewriting rules in clear rule format and clarifying language. | Planned for future action | ||||
| Chapter 388-853 WAC | Cost of care for mentally deficient persons residing in state institutions | Repealing all sections in this chapter. The same subject matter is covered in chapter 388-835 WAC and these rules are now obsolete. | Jeannie Johnson, ADSA-DDD | WSR 05-15-096 Filed 7/15/05 |
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| ADSA - Home and Community Services (HCS) | |||||||
| Chapters 388-71; 388-72 WAC; New chapter 388-106 WAC; and related rules |
Home and
community services CARE (Comprehensive assessment reporting and evaluation) tool Long-term care services |
Reorganizing current long-term care rules into a new chapter 388-106 WAC. | Brooke Buckingham, ADSA-HCS | WSR 04-19-100 Filed 9/20/04 |
WSR 05-03-096 Hearing 3/22/05 |
WSR 05-11-082 Effective 6/17/05 |
|
| WAC 388-71-0900 through 388-71-0965; chapter 388-106 WAC |
Home and
community services
and
programs Long-term care services |
Revising definitions and scope of private duty nursing services authorized, and describing the need to document required services. Rules may be repealed and adopted new in chapter 388-106 WAC. | Tiffany Sevruk, ADSA-HCS | WSR 05-14-073 Filed 6/30/05 |
|||
| Chapter 388-106 WAC; other related chapters |
Long-term care services | Clarify eligibility; denial and termination; and other policy changes. | Tiffany Sevruk, ADSA-HCS | WSR 05-01-128 Filed 12/15/04 |
WSR 05-15-146 Hearing 8/23/05 |
||
| Chapter 388-106 WAC |
Long-term care services | New freedom waiver services rules. | Rosemary Biggins, ADSA-HCS | WSR 05-05-080 Filed 2/15/05 |
|||
| Chapter 388-106 WAC |
Long-term care services | Adding eligibility criteria and implementing the Medicare/Medicaid integration project (MMIP). | Tiffany Sevruk, ADSA-HCS | WSR 05-14-074 Filed 6/30/05 |
WSR 05-06-082 Filed 3/1/05 |
To be filed
8/05 Hearing 9/6/05 |
|
| Chapter 388-106 WAC |
Long-term care services | Adding eligibility criteria and implementing the Washington Medicaid integration partnership (WMIP). | Tiffany Sevruk, ADSA-HCS | WSR 05-06-083 Filed 3/1/05 |
|||
| WAC 388-112-0210 and 388-112-0255 |
Residential long-term care | Adding the 0.5 hours per year of safe food handling continuing education for adult family home caregivers required by RCW 70.128.010. | Tiffany Sevruk, ADSA-HCS | To be filed 8/05 | |||
| ADSA - Office of Rates Management | |||||||
| Chapter 388-105 WAC |
Medicaid rates for contracted home and community residential care services | Accepting payments, other items from clients, friends or family. | Patricia Hague, ASDA, Office of Rates Management | WSR 04-10-089 Filed 5/4/04 |
|||
| Chapter 388-105 WAC |
Medicaid rates for contracted home and community residential care services | Vendor rate increase; bed-hold rules. | Patricia Hague, ADSA, Office of Rates Management (WSR 04-20-100 replaces WSR 04-06-088) | WSR 04-20-100 Filed 10/5/04 |
|||
| Amending WAC 388-105-005, 388-105-0035, 388-105-0045, and new WAC 388-105-0050; and repealing WAC 388-105-0010, 388-105-0020, 388-105-0025, 388-105-0030, and 388-105-0040 | Medicaid rates for contracted home and community residential care services | Update Medicaid rates; clarify bed hold rule; adopt permanently capital add-on emergency WAC; and new WAC on supplementation of Medicaid rates. | Patricia Hague, ASDA, Office of Rates Management | WSR 05-13-127 Filed 6/20/05 |
|||
| WAC 388-105-0035 |
Medicaid rates for contracted home and community residential care services | Limiting the capital add-on rate limit to licensed boarding homes with assisted living facilities and a minimum Medicaid occupancy percentage. | Patricia Hague, ASDA, Office of Rates Management | WSR 05-14-078 Filed 6/30/05 |
|||
| ADSA - Residential Care Services (RCS) | |||||||
| Chapter 388-76 WAC |
Adult family homes | Making rules consistent with 2002 and 2004 law changes; correcting outdated rule and statute references; updating name and address changes; consolidating information for ease of reading; repealing obsolete sections. | Roger Woodside, ADSA-RCS | Exempt | WSR 05-13-126 Hearing 8/9/05 |
||
| Chapter 388-78A WAC |
Boarding homes | Increasing flexibility for providing adult day care; expand medication organizer use; increase training options; other purposes and rules. | Denny McKee, ASDA-RCS | WSR 05-10-085 Filed 5/3/05 |
|||
| Chapter 388-101 WAC |
Certified community residential services and supports | New rules on health and safety, community protection, assessments, appeals, and other provisions. | John Gaskell,
ASDA-RCS WSR 05-07-132 replaces withdrawn WSR 05-01-127 |
WSR 05-07-132 Filed 3/22/05 |
|||
| Chapter 388-101 WAC |
Certified community residential services and supports | Updating cross references related to the move of chapter 388-820 WAC to chapter 388-101 WAC. | John Gaskell, ASDA-RCS | Exempt | WSR 05-07-136 Hearing 4/26/05 |
WSR 05-10-086 Effective 6/3/05 |
|
| Children's Administration | |||||||
| Chapter 388-39A WAC | Child welfare services--Complaint resolution | Same. | Children's Administration | Planned for future action | |||
| Chapter 388-61A WAC | Shelters for victims of family violence | Clarifying confidentiality requirements, fire safety requirements, and appeal rights. | Susan Hannibal, Children's Administration | WSR 03-22-087 Filed 11/5/03 |
|||
| Chapter 388-149 WAC | Licensing standards for special model foster homes | Developing consistent standards and providing regular monitoring. | Jean Croisant, Children's Administration | WSR 01-15-080 Filed 7/17/01 |
|||
| WAC 388-160-0075 and 388-160-0195 |
Licensing requirements for overnight youth shelters | Making rules consistent with licensing rules for other facilities. | Jean Croisant, Children's Administration | WSR 04-18-067 Filed 8/30/04 |
WSR 05-09-079 Hearing 5/25/05 |
WSR 05-14-013 Effective 7/23/05 |
|
| Economic Services Administration (ESA) | |||||||
| ESA - Community Services Division (CSD) | |||||||
| No current rule-making activity |
|||||||
| ESA - Division of Child Care and Early Learning (DCCEL) | |||||||
| Chapter 388-151 WAC; new chapter 388-297 WAC |
Minimum requirements for child care centers | Reorganize and clarify minimum requirements for centers caring exclusively for school age children. Repealing all sections of chapter 388-151 WAC and moving the subject matter to new chapter 388-297 WAC. | Liz Egge, ESA-DCCEL | WSR 03-20-025 Filed 9/23/03 |
|||
| Chapter 388-290 WAC |
Working connections child care (WCCC) | Correct typographical errors and other errors in existing rules. | Lisa Lind, ESA-DCCEL | WSR 04-13-046 Filed 6/10/04 |
|||
| Chapter 388-290 WAC |
Working connections child care (WCCC) | Revising rules to implement cost savings due to budget constraints. | Sheri Bruu-Deleon, ESA-DCCEL | WSR 05-06-078 Filed 3/1/05 |
|||
| WAC 388-290-0180, 388-290-0190, 388-290-0200, 388-290-0245, 388-290-0247, 388-290-0250, and related sections |
Working connections child care (WCCC) | Revising reimbursements paid to licensed providers. | Lisa Lind, ESA-DCCEL | WSR 05-13-175 Filed 6/21/05 |
|||
| WAC 388-290-0030, 388-290-0032, 388-290-0240, 388-290-0260, 388-290-0271, 388-290-0273, and related rules |
Working connections child care (WCCC) | Revising rules to comply with a federal directive regarding third party payment. | Lisa Lind, ESA-DCCEL | WSR 05-13-176 Filed 6/21/05 |
|||
| WAC 388-290-0200, and 388-290-0205 |
Working connections child care (WCCC) | Increasing the maximums rates to licensed providers in Spokane County. | Lisa Lind, ESA-DCCEL | WSR 05-13-040 Filed 6/7/05 |
WSR 04-19-102 Filed 9/20/04 |
||
| Chapter 388-295 WAC |
Minimum licensing requirements for child care centers | Correcting errors made previously, and reflecting new federal food code requirements. | Liz Egge, ESA-DCCEL | WSR 05-08-059 Filed 3/31/05 (Replaces withdrawn WSR 05-07-131) |
|||
| Chapter 388-296 WAC |
Minimum licensing requirements for family home child care | Correcting errors and clarifying rules, and revising regulations related to fire safety. | Joel Roalkvam, ESA-DCCEL | WSR 05-07-131 Filed 3/22/05 |
|||
| ESA Division of Child Support (DCS) | |||||||
| WAC 388-14A-1020 and 388-14A-3810 |
Division of child support rules | Revising "dependent child" definition consistent with TANF eligibility for children over eighteen. | Nancy Koptur, ESA-DCS | WSR 04-06-053 Filed 3/1/04 |
WSR 05-11-081 Hearing 6/21/05 |
WSR 05-14-101 Effective 7/31/05 |
|
| WAC 388-14A-1020, 388-14A-3140, 388-14A-3370, 388-14A-3600, 388-14A-3810, 388-14A-6300, and other related rules |
Division of child support rules | Court ordered parenting plans; equal time custody split. | Nancy Koptur, ESA-DCS | WSR 04-09-036 Filed 4/13/04 |
|||
| WAC 388-14A-2000, 388-14A-2025, 388-14A-2080, 388-14A-3800, 388-14A-3810, 388-14A-4000, 388-14A-4300, and 388-14A-4304 |
Division of child support rules | Modifying support obligations when both parties make informal arrangements. | Nancy Koptur, ESA-DCS | WSR 02-03-010 Filed 1/4/02 |
|||
| WAC 388-14A-2160 |
Division of child support rules | Procedures for consumer reporting agencies. | Nancy Koptur, ESA-DCS | WSR 05-08-087 Filed 4/1/05 |
|||
| WAC 388-14A-3102 and 388-14A-3120 |
Division of child support rules | Clarifying when an affidavit acknowledging paternity to establish a binding determination of paternity. | Nancy Koptur, ESA-DCS | WSR 05-05-078 Filed 2/15/05 |
WSR 05-09-082 Hearing 5/24/05 |
WSR 05-12-136 Effective 7/2/05 |
|
| WAC 388-14A-3350 |
Division of child support rules | Clarifying when a nonassistance claim starts. | Nancy Koptur, ESA-DCS | WSR 04-19-130 Filed 9/21/04 |
WSR 05-11-080 Hearing 6/21/05 |
WSR 05-14-099 Effective 7/31/05 |
|
| WAC 388-14A-3600 and 388-14A-6300 |
Division of child support rules | Clarifying the content of administrative support orders; and monthly support obligation amounts. | Nancy Koptur, ESA-DCS | WSR 04-19-099 Filed 9/20/04 |
WSR 05-11-079 Hearing 6/21/05 |
WSR 05-14-100 Effective 7/31/05 |
|
| 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 |
|||
| WAC 388-14A-3900 to 388-14A-3925 |
Division of child support rules | Modifying a support order when it will not change by more than the current standard. | Nancy Koptur, ESA-DCS | WSR 01-13-020 Filed 6/11/01 |
|||
| WAC 388-14A-4000 and 388-14A-6300 |
Division of child support rules | Revising rules on payments on child support arrearages. | Nancy Koptur, ESA-DCS | WSR 03-23-106 Filed 11/18/03 |
|||
| WAC 388-14A-8100 |
Division of child support rules | Removing a subsection on support obligations for children with developmental disabilities who are in foster care. | Nancy Koptur, ESA-DCS | WSR 05-07-034 Superseded by permanent rule |
WSR 04-23-037 Filed 11/9/04 |
WSR 05-09-081 Hearing 5/24/05 |
WSR 05-12-135 Effective 7/2/05 |
| ESA - Division of Employment and Assistance Programs (DEAP) | |||||||
| WAC 388-273-0035 |
Washington telephone assistance program (WTAP) | Clarifying payment limits to telephone companies for reimbursable services. | Amber Gillum, ESA-DEAP | WSR 05-13-172 Filed 6/21/05 |
WSR 05-06-077 Filed 3/1/05 |
WSR 05-12-133 Hearing 7/5/05 |
WSR 05-15-152 Effective 8/19/05 |
| WAC 388-310-0600 |
WorkFirst | Increasing the availability of training for high-wage, high demand jobs. | Ian Horlor, ESA-DEAP | WSR 05-07-074 Filed 3/14/05 |
WSR 05-13-125 Hearing 7/26/05 |
||
| WAC 388-310-1400 |
WorkFirst | Activities to enhance an individual's ability to do a job search. | Aurea Figueroa, ESA-DEAP | WSR 04-22-065 Filed 10/29/04 |
WSR 05-08-121 Hearing 5/10/05 |
WSR 05-13-030 Effective 7/4/05 |
|
| Multiple chapters from chapters 388-400 through 388-492 WAC | Assistance rules | Eligibility
for the
state Basic
Food
program,
Washington combined
application
project,
temporary
assistance
to needy
families, state financial assistance and other programs. |
John Camp, ESA-DEAP | WSR 05-08-091 Filed 4/1/05 |
|||
| WAC 388-400-0005 |
Program summary | Clarify that every TANF assistance unit must include an eligible child or a pregnant woman. | Tom Berry, ESA-DEAP | WSR 04-12-096 Filed 6/2/04 |
WSR 05-09-083 Hearing 5/24/05 |
WSR 05-14-100 Effective 7/31/05 |
|
| WAC 388-400-0010 and 388-442-0010 |
Program
summary Felons |
Implementing chapter 174, Laws of 2005 concerning the state option to exempt individuals convicted of drug-related felonies. | Amber Gillum, ESA-DEAP | WSR 05-13-136 Filed 6/20/05 |
|||
| WAC 388-406-0055, 388-416-0005, 388-418-0005, and new WAC 388-489-0005, 388-489-0010, 388-489-0015, 388-489-0020, and 388-489-0025 |
Transitional food assistance | Adopting eligibility rules for a new transitional food assistance program for clients that leave temporary assistance for needy families (TANF), state family assistance (SFA), and tribal TANF programs. | John Camp, ESA-DEAP | WSR 05-15-081 Filed 7/15/05 (WAC 388-418-0005 only) |
WSR 05-08-090 Filed 4/1/05 |
WSR 05-16-054 Hearing 9/6/05 |
|
| WAC 388-408-0015 |
Assistance units | Clarify that every TANF assistance unit must include an eligible child or a pregnant woman. | Tom Berry, ESA-DEAP | WSR 04-07-164 Filed 3/23/04 |
To be filed
8/05 Hearing 9/6/05 |
||
| WAC 388-410-0001 and 388-416-0005 |
Benefit
error Certification periods |
Clarifying recertification; reporting changes; late reporting and impact on overpayments. | John Camp, ESA-DEAP | WSR 04-21-074 Filed 10/19/04 |
WSR 05-05-081 Hearing 3/22/05 |
WSR 05-08-124 Effective 6/1/05 |
|
| WAC 388-412-0025 |
Eligibility review and recertification | Updating contact information for the Department of Revenue. | Mark Neal, ESA-DEAP | WSR 05-07-130 Filed 3/22/05 |
WSR 05-13-171 Hearing 7/26/05 |
||
| WAC 388-418-0005 |
Change of circumstance | Clarifying changes a client must report. | John Camp, ESA-DEAP | See WSR 04-21-074 Filed 10/19/04 |
WSR 05-06-089 Hearing 4/5/05 |
WSR 05-09-021 Effective 6/1/05 |
|
| WAC 388-418-0007 |
Change of circumstance | Explaining how much time is allowed to report changes. | John Camp, ESA-DEAP | See WSR 04-21-074 Filed 10/19/04 |
WSR 05-08-120 Hearing 5/10/05 |
WSR 05-11-074 Effective 7/1/05 |
|
| WAC 388-418-0011 and 388-418-0020 |
Change of circumstance | Who must complete a six-month report for assistance, and how a change impacts benefits. | John Camp, ESA-DEAP | WSR 04-21-074 Filed 10/19/04 |
WSR 05-06-088 Hearing 4/5/05 |
WSR 05-09-020 Effective 6/1/05 |
|
| WAC 388-424-0006 |
Citizenship and alien status -- Date of entry | Conforming the rule to federal law concerning the five-year bar on TANF. | Tom Berry, ESA-DEAP | WSR 03-03-007 Filed 1/6/03 |
WSR 05-12-134 Hearing 7/5/05 |
WSR 05-16-055 Effective 8/28/05 |
|
| WAC 388-434-0005 |
Eligibility review and recertification | Correcting an incorrect cross-reference. | Patti Clark, ESA-DEAP | WSR 03-19-031 Filed 9/9/03 |
|||
| WAC 388-434-0005 - 388-434-0010 and 388-452-0005 |
Eligibility
review and
recertification Interview requirements |
Amending the eligibility review process, recertification, and interview requirements. | John Camp, ESA-DEAP | WSR 03-23-061 Filed 11/17/03 |
|||
| Chapter 388-444 WAC |
Food stamp employment and training | Simplifying the rules to be easier to read and use. | Planned for future action | ||||
| Chapters 388-446 and 388-464 WAC |
Fraud Quality assurance |
Clarifying the impact of fraudulent actions or failure to cooperate. | Amber Gillum, ESA-DEAP | WSR 03-24-100 Filed 12/3/03 |
|||
| Chapter 388-448 WAC |
Incapacity | Developing individual responsibility plans for general assistance recipients in "WorkPlus." | Steve Ebben, ESA-DEAP | WSR 01-23-065 Filed 11/20/01 |
|||
| WAC 388-448-0180 |
Incapacity | Replacing "administrative hearing" with "appeals court review." | Glenda Lee, ESA-DEAP | WSR 02-11-125 Filed 5/21/02 |
|||
| WAC 388-450-0015 |
Income | Not counting veteran's benefits paid to Vietnam veterans who have children with birth defects. | Patti Clark, ESA-DEAP | WSR 03-18-098 Filed 9/2/03 |
WSR 04-22-067 Hearing 12/7/04 |
WSR 05-03-078 Effective 2/17/05 |
|
| WAC 388-450-0100 |
Income | Amending definitions in the rule. | Patti Clark, ESA-DEAP | WSR 04-05-034 Filed 2/11/04 |
|||
| WAC 388-450-0135 |
Income | Simplifying allocation of income from an ineligible spouse to a general assistance recipient. | Veronica Barnes, ESA-DEAP | WSR 02-08-054 Filed 4/1/02 |
|||
| WAC 388-450-0185, 388-450-0190, 388-450-0195, 388-478-0060, 388-492-0040, and 388-492-0070 | Income, standards; and Washington combined application project | Amending rules to implement annual adjustments to federal income and payment standards. | John Camp, ESA-DEAP | WSR 05-12-131 Filed 6/1/05 |
To be filed
8/05 (WAC 388-450-0195 only) Hearing 9/6/05 |
||
| WAC 388-450-0195 |
Income | Adopting federal limited utility allowances under the food stamp program. | John Camp, ESA-DEAP | WSR 04-24-045 Filed 11/29/04 |
WSR 05-06-085 Hearing 4/5/05 |
WSR 05-09-087 Effective 6/1/05 |
|
| WAC 388-450-0215 |
Income | Counting of "anticipated income" to determine benefit allotments per federal rule. | Rebecca Henrie, ESA-DEAP | WSR 05-08-091 Filed 4/1/05 |
WSR 05-13-169 Hearing 7/26/05 |
||
| WAC 388-450-0500 |
Income | How income from community jobs determines TANF and Basic Food assistance benefits. | Ian Horlor, ESA-DEAP | WSR 04-07-085 Filed 3/16/04 |
|||
| WAC 388-450A-0010, new chapter and section |
Income--Subsidized | A new rule preventing garnishment of subsidized wages paid under TANF. New WAC chapter and section. | Ian Horlor, ESA-DEAP | WSR 04-19-101 Filed 9/20/04 |
WSR 05-07-133 Hearing 4/26/05 |
WSR 05-13-029 Effective 7/4/05 |
|
| WAC 388-454-0006 and 388-454-0025 |
Living with a relative | Background checks on adults who are acting in place of another without court ordered custody. | Stephanie Del Camp, ESA-DEAP | WSR 02-11-061 Filed 5/10/02 |
|||
| Chapter 388-460 WAC |
Payees on benefit issuances | Changes to protective payee policies. | Brent Low, ESA-DEAP | WSR 01-23-067 Filed 11/20/01 |
|||
| WAC 388-468-0005 |
Residency | Prohibiting receiving benefits from Washington while receiving benefits from another state. | Ken Adney, ESA-DEAP | WSR 03-14-080 Filed 6/27/03 |
|||
| WAC 388-470-0040 |
Resources | Correcting incorrect WAC or RCW cross-references. | Patti Clark, ESA-DEAP | WSR 03-20-033 Filed 9/23/03 |
|||
| WAC 388-472-0005 |
Rights and responsibilities | Clarifying requirements for children's family medical, pregnancy medical, and SSI-related medical. | Patti Clark, ESA-DEAP | WSR 03-19-035 Filed 9/9/03 |
|||
| WAC 388-473-0010, 388-473-0020, and 388-473-0030 |
Ongoing additional requirements | Extending the eligibility period for clients receiving supplemental security income (SSI) up to twenty-four months. | Lorri Gagnon, ESA-DEAP | WSR 04-12-097 Filed 6/2/04 |
WSR 05-15-078 Hearing 8/23/05 |
||
| WAC 388-478-0015 |
Standards for payments | Amending the rule to adjust for anticipated changes in costs of basic needs. | Mark Neal, ESA-DEAP | To be filed 8/05 | |||
| WAC 388-478-0055 |
Standards for payments | Implementing 2005 law increasing state supplemental payments for persons residing in nursing facilities. | Lorri Gagnon, ESA-DEAP | WSR 05-14-076 Filed 6/30/05 |
WSR 05-13-173 Filed 6/21/05 |
||
| New chapter 388-489 WAC |
Transitional food assistance | Adopting a new WAC chapter providing an alternative to the standard food stamp program. | John Camp, ESA-DEAP | WSR 05-08-090 Filed 4/1/05 |
|||
| Chapter 388-490 WAC |
Verification | Standardizing how the department requests proof of eligibility. | Veronica Barnes, ESA-DEAP | WSR 02-14-159 Filed 7/2/02 |
|||
| WAC 388-492-0040 |
Washington combined application program (WASHCAP) | Amending standards used in rule that are based on the consumer price index (CPI). | Rebecca Henrie, ESA-DEAP | WSR 05-08-091 Filed 4/1/05 |
WSR 05-15-147 Hearing 8/23/05 |
||
| WAC 388-492-0070 |
Washington combined application program (WASHCAP) | Clarifying what information is used to calculate the shelter cost standard deduction, and adjusting the standard for the consumer price index. | Rebecca Henrie, ESA-DEAP | WSR 05-08-091 Filed 4/1/05 |
WSR 05-14-098 Hearing 8/9/05 |
||
| WAC chapter not yet specified | Overpayments to clients | Eliminating overpayments caused by agency error. | Veronica Barnes, ESA-DEAP | WSR 00-09-036 Filed 4/14/00 |
|||
| Health and Recovery Services Administration (HRSA) | |||||||
| HRSA Alcohol and Substance Abuse (ASA) | |||||||
| Chapter 388-800 WAC |
Chemical dependency assistance programs | Clarification rules; updating references to patient eligibility standards; clarifying process of secondary ADATSA clients. | Emilio Vela, HRSA-ASA | WSR 05-02-065 Filed 1/4/05 |
|||
| Chapter 388-805 WAC |
Certification requirements for chemical dependence service providers | Implementing changes required by the legislature. | Deb Cummins, HRSA-ASA | Planned for future action | |||
| HRSA Mental Health (MH) | |||||||
| Chapter 388-865 WAC |
Community mental health and involuntary treatment programs | Adopting rules for consumer peer support services consistent with the state's federal waiver. | Karie Castleberry, HRSA-MH | WSR 04-08-122 Filed 4/7/04 |
WSR 05-08-123 Hearing 5/10/05 |
||
| WAC 388-865-0100 through 388-865-0484 |
Community mental health and involuntary treatment programs | Revising rules consistent with the Federal Balanced Budget Act, and for quality improvement. | Karie Castleberry, HRSA-MH | WSR 03-08-077 Filed 4/1/03 |
|||
| WAC 388-865-0201 |
Community mental health and involuntary treatment programs | Implementing the freedom of choice federal waiver; and to implement chapter 518, Laws of 2005. | Karie Castleberry, HRSA-MH | WSR 05-14-081 Filed 6/30/05 |
WSR 05-14-072 Filed 6/30/05 |
||
| WAC 388-865-0335 and 388-865-0340 |
Community mental health and involuntary treatment programs | Adopting rules to be consistent enrollment provisions of the state's federal waiver. | Hank Balderrama, HRSA-MH | WSR 04-05-075 Filed 2/17/04 |
WSR 05-08-122 Hearing 5/10/05 |
||
| WAC 388-865-0420, 388-865-0430, 388-865-0610, 388-865-0620, and 388-865-0630 |
Community mental health and involuntary treatment programs | Rules on confidentiality of consumer mental health information. | Robin Roberts, HRSA-MH | WSR 04-24-044 Filed 11/29/04 |
WSR 05-09-080 Hearing 5/24/05 |
WSR 05-14-082 Effective 7/31/05 |
|
| HRSA Medical Assistance (MA) | |||||||
| WAC 388-408-0055 |
Assistance units | Determining eligibility under SSI rules when an SSI-related individual is not determined eligibility under this chapter. | Joanie Scotson, MA | WSR 04-18-068 Filed 8/30/04 |
WSR 05-15-079 Hearing 8/23/05 |
||
| WAC 388-416-0015 and 388-418-0011 |
Certification periods Change of circumstances |
Reinstating twelve-month eligibility reviews for children's medical and state children's health insurance program. | Mary Wood, MA | WSR 05-10-038 Filed 4/28/05 |
WSR 05-05-079 Filed 2/15/05 |
To be filed
8/05 Hearing 9/6/05 |
|
| WAC 388-416-0020, 388-519-0100, and 388-519-0110 |
Certification periods Spenddown |
Clarifying who is eligible and when eligibility starts. | Mary Beth Ingram, MA | WSR 04-13-102 To be withdrawn 8/05 |
|||
| WAC 388-418-0025, 388-424-0010, 388-450-0210, 388-478-0075, 388-505-0210, and 388-523-0130 |
Children's health program | Reinstating the program for children up to 100% of the federal poverty level and not otherwise eligible for Medicaid per 2005 law E2SHB 1441. | Kathy Johansen, MA | WSR 05-14-077 Filed 6/30/05 (WAC 388-418-0025, 388-505-0210, and 388-523-0130 only) |
WSR 05-13-135 Filed 6/20/05 |
||
| WAC 388-434-0005 |
Eligibility reviews and recertifications | Eliminating requirements for one parent to sign an eligibility review; allowing telephone interviews. | Mary Wood, MA | WSR 04-07-086 Filed 3/16/04 |
|||
| WAC 388-475-0550, 388-475-0700, 388-475-0800, 388-475-0820, and 388-475-0860 |
SSI-related medical and healthcare for workers with disabilities program | Amending rules to comply with federal Public Law 108-203. | Mary Beth Ingram, MA | WSR 05-13-074 Filed 6/13/05 |
WSR 04-23-101 Filed 11/17/04 |
||
| WAC 388-478-0065 |
Standards for payments | Counting an unborn child in a household member when determining medical program eligibility. | Joanie Scotson, MA | WSR 04-21-073 Filed 10/19/04 |
WSR 05-11-075 Hearing 6/21/05 |
WSR 05-15-080 Effective 8/14/05 |
|
| WAC 388-478-0075 and 388-478-0085 |
Standards for payments | Complying with the April 1, 2005, federal poverty level standards. | Deborah O'Connor or Wendy Forslin, MA | WSR 05-15-082 Filed 7/14/05 |
WSR 05-07-095 Filed 3/17/05 |
WSR 05-14-122 Hearing 8/9/05 |
|
| WAC 388-500-0005 |
Medical definitions | Rewriting and definitions adding and deleting obsolete definitions. | Kevin Sullivan, MA | WSR 00-22-015 Filed 10/20/00 |
(Original proposed rule, WSR 02-23-082, expired) | ||
| WAC 388-501-0135 |
Patient review and restriction | Allowing the department to restrict a client to one narcotic prescriber. | Kathy Sayre, MA | WSR 05-06-079 Filed 3/1/05 |
|||
| WAC 388-501-0165 |
Patient review and restriction | Evidence-based approach to evaluating requests for medical services and equipment. | Kevin Sullivan, MA | WSR 05-08-088 Filed 4/1/05 |
|||
| WAC 388-502-0150 |
Administration of medical programs | Extending the time limit to submit a claim after Medicare has processed the claim. | Diane McMasters, MA | WSR 04-23-100 Filed 11/17/04 |
|||
| WAC 388-502-0160 |
Administration of medical programs | Updating and clarifying the scope of the rule. | Wendy Boedigheimer, MA | WSR 04-16-087 Filed 8/2/04 |
|||
| WAC 388-502-0160 |
Administration of medical programs | Implementing budget reductions directed by the legislature. | Wendy Boedigheimer, MA | WSR 04-07-088 Filed 3/16/04 |
|||
| WAC 388-502-0220, 388-502-0230, and 388-502-0260 |
Administration of medical program--Providers | Updating the vendor dispute resolution process. | Kevin Sullivan, MA | WSR 01-16-135 To be withdrawn 8/05 |
|||
| WAC 388-505-0220 |
Family medical | Clarifying that a household must include a Medicaid-eligible child for an adult to be eligible for family medical. | Amending the rule to add language. Joanie Scotson, MA | WSR 04-17-106 Filed 8/17/04 |
WSR 05-13-170 Hearing 7/26/05 |
To be filed 8/05 | |
| WAC 388-513-1350 |
Client not in own home -- Institutional medical | Changing the maximum resource amount for a community spouse effective July 1, 2005. | Lori Rolley, MA | WSR 05-14-079 Filed 6/30/05 |
WSR 05-13-139 Filed 6/20/05 (Replaces withdrawn WSR 05-11-072) |
||
| WAC 388-513-1360 |
Client not in own home -- Institutional medical | Repealing the rule. Information from this rule may be moved to WAC 388-513-1350. | Lori Rolley, MA | WSR 05-13-131 Filed 6/20/05 |
|||
| WAC 388-513-1380 |
Client not in own home -- Institutional medical | Updating the community spouse income standard and excess shelter standard per federal standards effective 4/1/05 and the 7/1/05 personal needs allowance for clients in a nursing facility. | Lori Rolley, MA | WSR 05-14-077 Filed 6/30/05 (Replaces withdrawn WSR 15-13-062) |
WSR 05-13-138 Filed 6/10/05 (Replaces withdrawn WSR 05-11-073) |
||
| WAC 388-515-1505 |
Alternate living -- Institutional | Adding the program for all-inclusive care (PACE), Medicare/Medicaid integration program (MMIP) and new freedom rules to this section. | Lori Rolley, MA | WSR 05-13-129 Filed 6/20/05 |
WSR 05-13-129 Filed 6/20/05 (Replaces withdrawn WSR 05-06-084) |
||
| WAC 388-517-0300, 388-517-0310, and 388-517-0320 |
Medicare-related medical | Reflecting federal law and rules on copayments and program eligibility. | Carole McRae, MA | WSR 04-10-090 Filed 5/4/04 |
WSR 05-11-076 Hearing 6/21/05 |
WSR 05-14-125 Effective 8/1/05 |
|
| Chapter 388-526 WAC |
MA administrative hearings | Defining the scope of the rule and adding procedural requirements to MA's client hearing process. | Kevin Sullivan, MA | WSR 04-04-096 Filed 2/3/04 |
|||
| Chapter 388-529 WAC |
Scope of medical services | Updating what medical services are covered under medical assistance. | Kevin Sullivan, MA | WSR 04-06-054 Filed 3/1/04 |
|||
| WAC 388-530-1280 |
Prescription drugs | Expedited rule-making. Correcting an incorrect RCW reference. | Ann Myers, MA | Expedited
rule notice WSR 05-06-095 Filed 3/1/05 |
WSR 05-11-078 Effective 6/17/05 |
||
| WAC 388-531-0150, 388-531-0200, 388-531-0650, 388-531-1600; and WAC 388-550-2300, 388-550-2800, and 388-550-4400 |
Physician-related
services Hospital services |
Establishing pre- and post-operative requirements for bariatric surgery. | Wendy Boedigheimer, MA | WSR 05-07-058 Filed 3/11/05 |
WSR 04-12-093 Filed 6/2/04 |
WSR 05-07-135 Hearing 5/10/05 |
WSR 05-12-022 Effective 6/20/05 |
| WAC 388-531-0275 |
Physician-related services | Revising medical teaching and residency programs. | Wendy Boedigheimer, MA | WSR 03-08-084 Filed 4/1/03 |
|||
| WAC 388-531-2000 |
Physician-related services | Correcting rules that prohibit payments from the DSHS trauma care fund for services to general assistance-unemployable, and Alcohol and Drug Addiction Treatment and Support Act programs. | Kathy Sayre, MA | WSR 05-13-134 Filed 6/20/05 |
|||
| Chapter 388-532 WAC |
Family planning services | Revising rules on reproductive health and differences between family planning, family planning only, and TAKE CHARGE. | Wendy Boedigheimer, MA | WSR 04-12-094 Filed 6/2/04 |
WSR 05-14-123 Hearing 8/23/05 |
||
| WAC 388-533-0710, 388-533-0720, and 388-533-0730 |
Maternity-related services | Remove barriers for clients to access CUP (chemical-using pregnant) women's services. | Kevin Sullivan, MA | WSR 04-22-066 Filed 10/29/04 |
WSR 05-05-085 Hearing 3/22/05 |
WSR 05-08-061 Effective 5/1/05 |
|
| Chapter 388-535 WAC |
Dental related services | Clarifying current policy on the children's dental program. | Kathy Sayre, MA | WSR 04-07-115 Filed 3/18/04 |
|||
| Chapter 388-537 WAC |
School services | Amending the rule on school medical services for students in special education programs to comply with federal rules. | Wendy Boedigheimer, MA | WSR 05-15-095 Filed 7/15/05 |
|||
| Chapter 388-538 WAC |
Managed care | Reviewing the chapter for clarity and consistency within the chapter and with other MA rules. | Wendy Boedigheimer, MA | WSR 05-13-073 Filed 6/13/05 (WAC 388-538-063 only) WSR 05-13-066 Filed 6/10/05 (WAC 388-538-112 only) |
WSR 05-04-082 Filed 2/1/05 |
||
| WAC 388-543-1000, 388-543-1100, 388-543-1150, 388-543-1400, 388-543-1500, 388-543-2100, 388-543-2500, and 388-543-2900 |
Durable medical equipment (DME) | Updating reimbursement methods; definitions; clarifying washable protective underwear; use of certain products together; removing the word "unwilling." The preproposal notice filed as WSR 04-23-103 was withdrawn. | Wendy Boedigheimer, MA | WSR 05-13-132 Filed 6/20/05 |
|||
| Chapter 388-544 WAC |
Vision and hearing aids | Reorganizing the chapter for consistency and current policy; adding disposable contact lenses coverage; discontinuing limited coverage for glass lenses. | Wendy Boedigheimer, MA | WSR 04-07-087 Filed 3/16/04 |
WSR 05-08-092 Hearing 5/24/05 |
WSR 05-13-038 Effective 7/6/05 |
|
| WAC 388-544-0350 |
Vision care services | Changing the word "eight" to "three" in subsection (3)(b) to correct an error. | Wendy Boedigheimer, MA | WSR 05-14-124 Filed 7/1/05 |
Exempt | WSR 05-14-121 Hearing 8/9/05 |
|
| Chapter 388-549 WAC |
Rural health clinics | Replacing the cost-based reimbursement methodology with the prospective payment system per the federal Benefit Improvement and Protection Act. | Wendy Boedigheimer, MA | To be filed 8/05 | |||
| WAC 388-550-1350, 388-550-6000, 388-550-7000, other possible sections |
Hospital services | Updating definitions and policies for outpatient hospital services. | Kathy Sayre, MA | WSR 05-13-076 Filed 6/13/05 |
|||
| WAC 388-550-1900 |
Hospital services | Establishing standards for supervising interns and residents in nonhospital settings; and expanding the "under primary care" definition. | Wendy Boedigheimer, MA | WSR 02-06-084 Filed 3/1/02 |
|||
| WAC 388-550-2600 and related sections |
Hospital services | Insuring that Medicaid funds pay only for inpatient psychiatric services for Medicaid clients. | Kathy Sayre, MA | WSR 05-08-089 Filed 4/1/05 |
|||
| WAC 388-550-2800 |
Hospital services | Adopting separate base community psychiatric hospital payment rates for Medicaid and non-Medicaid clients. | Kathy Sayre, MA | WSR 05-14-124 Filed 6/30/05 |
WSR 05-14-145 Filed 7/5/05 (replaces withdrawn WSR 04-03-091) |
||
| WAC 388-550-2800 and 388-550-2900 |
Hospital services | Incorporating newborn screening tests to the newborn metabolic screening panel and lists the specific disorders the screening tests can detect. | Kathy Sayre, MA | WSR 04-03-091 Filed 1/20/04 This notice has been withdrawn |
|||
| WAC 388-550-2900 |
Hospital services | Clarifying what the department pays for certain screening text [test] of newborn infants in addition to the DRG (diagnostic-related group) payment. | Kathy Sayre, MA | To be filed 8/05 | |||
| WAC 388-550-3000 |
Hospital services | Clarifying diagnostic group classification for inpatient hospital services to medical assistance clients. | Kathy Sayre, MA | WSR 05-01-129 Filed 12/15/04 |
WSR 05-07-096 Hearing 4/26/05 |
WSR 05-11-077 Effective 6/17/05 |
|
| WAC 388-550-3300, 388-550-4300, 388-550-4600, 388-550-4800, and other sections in this chapter |
Hospital services | Reimbursing public hospitals through the "full cost" public hospital certified expenditure payment program. | Kathy Sayre, MA | WSR 05-06-080 Filed 3/1/05 |
WSR 05-09-085 and 05-09-086 Hearing 5/25/05 |
WSR 05-12-132 Effective 7/1/05 |
|
| WAC 388-550-3700 |
Hospital services | Updating high-cost outlier policy to provide better control and predictability of hospital costs. | Kathy Sayre, MA | WSR 04-15-130 Filed 7/20/04 |
|||
| WAC 388-550-3800 |
Hospital services | Recalibrating relative weights in the diagnostic related group (DRG) reimbursement system. | Kathy Sayre, MA | WSR 04-13-105 Filed 6/21/04 |
WSR 04-17-114 Hearing 9/21/04 |
WSR 05-06-044 Effective 7/1/05 |
|
| WAC 388-550-4800 | Hospital services | Clarifying payments for state-administered program claims that qualify as diagnosis-related group (DRG) high-cost outliers; removing enhanced payment for trauma care language under MI and GAU programs. | Kathy Sayre, MA | WSR 03-13-089 Filed 6/16/03 |
|||
| Chapter 388-551 WAC |
Alternatives to hospital services | Incorporating hospice care centers agreement language into hospice rules; incorporating pediatric palliative care. | Kathy Sayre, MA | WSR 04-07-114 Filed 3/18/04 |
WSR 05-15-148, 05-15-149, and 05-15-150 Hearing 8/23/05 |
||
| Chapter 388-551 WAC |
Alternatives to hospital services | Establishing a tiered health care plan that includes a continuum of home health care. | Kathy Sayre, MA | WSR 04-02-061 Filed 1/7/04 |
|||
| WAC 388-551-1000 through 388-551-1530 |
Alternatives to hospital services | Incorporating hospice care center agreements into rule; updating language. | Kathy Sayre, MA | WSR 01-03-095 Filed 1/18/01 |
|||
| Chapter 388-555 WAC |
Interpreter services | Changing how services are purchased and delivered. | Myra Davis, MA | WSR 02-11-027 Filed 5/21/02 Notice withdrawn |
|||
| Chapter 388-555 WAC |
Interpreter services | Expedited rule making. Repealing all sections of this WAC chapter. Contents of these rules are covered in DSHS contracts, making the rules obsolete. | Wendy Boedigheimer, MA | Exempt | Expedited
rule-making WSR 05-15-151 Objection deadline 9/19/05 |
||
| 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 | Potential changes to clarifying sentencing in relation to "victim in the home" status and to update the reimbursement schedule. | Cheryl Sullivan-Colglazier, JRA | Planned for future action | |||
| Chapter 388-740 WAC |
Juvenile parole revocation | Potential revision to update revocation process for certain offenders and update confidentiality requirements. | David Griffith, Bob Salisbury, JRA | Planned for future action | |||
| 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 Brown, Trent Phillips, JRA | Planned for future action | |||
| Governmental and Community Affairs | |||||||
| Division of Vocational Rehabilitation (DVR) | |||||||
| Chapter not assigned | Background checks for DVR service providers | Background checks DVR service providers who have unsupervised access to clients. | Kelly Boston, DVR | WSR 03-24-101 To be withdrawn in the July-December 2005 period |
|||
| WAC 388-891-0520, 388-891-0530, and new section |
Vocational rehabilitation services for individuals with disabilities | Amending and adopting new rules on order of selection--Criteria for priority, categories 1 and 2; and temporary conversion category. | Kelly Boston, DVR | Planned for future action | |||
| Office of Deaf and Hard of Hearing Services (ODHHS) | |||||||
| No current rule-making activity | |||||||
| Public Disclosure | |||||||
| Chapter 388-01 WAC |
DSHS organization/ disclosure of public records | Updating procedures for responding to public requests for disclosure of records. | Kristal K. Wiitala, Government and Community Relations | WSR 02-01-007 To be withdrawn in the July-December period |
|||
| Chapter 388-01 WAC |
DSHS organization/disclosure of public records | Amending rules to reflect changes in DSHS organization structure, and to implement chapter 483, Laws of 2005. | Kristal K. Wiitala, Government and Community Relations | Planned for filing in the July-December 2005 period | |||
| Special Commitment Center | |||||||
| Chapter 388-885 WAC |
Civil commitment cost | Updating reimbursement fee schedules for allowable activities under chapter 71.09 RCW. | Lee Mosley, Special Commitment Center | WSR 04-10-092 Filed 5/4/04 |
|||
| Management Operations | |||||||
| WAC 388-01-0180 and 388-01-0190; Chapter 388-02 WAC |
DSHS
organization and
disclosure
of public
records; DSHS hearing rules |
Amending rules to: Clarifying issuance and maintenance of interpretive and policy statements; and indexing of significant Board of Appeals decisions. | Brian Lindgren, MSA Rules, Appeals and Certification Services | WSR 05-13-128 Filed 6/20/05 |
|||
| WAC 388-02-0025 |
DSHS hearing rules | Expedited rule-making. Updating address information of the Office of Administrative Hearings. | Andy Fernando, MSA Rules and Policies Assistance Unit | Exempt | Expedited rule-making notice to be filed in the July-December period | ||
| WAC 388-02-0215 |
DSHS hearing rules | Updating cross references in WAC 388-02-0215(4); simplifying to reduce the need for future corrections. | Brian Lindgren, MSA Rules, Appeals and Certification Services | WSR 05-06-081 Filed 3/1/05 |
|||
| Chapter 388-03 WAC |
Certification of DSHS spoken language interpreters and translators | Updating references to DSHS units; changing timeframes for mailing notices on test dates. | Brian Lindgren, MSA Language Testing and Certification | WSR 04-01-142 Filed 12/19/03 |
|||
| Chapter 388-06 WAC |
Background checks | Amending, consolidating and co-locating existing background check rules for DSHS employees and contractors into this chapter. | Jackie Beery, MSA Background Check Central Unit | WSR 05-15-145 Filed 7/19/05 |
|||
A "Preproposal Notice" is a CR-101 Preproposal Statement of Inquiry filed under RCW 34.05.310. This is a preliminary notice to the public that the agency is in the planning stages to adopt, amend or repeal rules on a particular subject, and notes the laws authorizing the agency's action. The notice also lets the public know how to participate in the development of the agency rule, and identifies the agency's contact person. "CR" stands for code reviser.
A "Proposed Rule" is a CR-102 Proposed Rule-Making notice filed under RCW 34.05.320. The proposed rule-making notice includes: (1) A general description of the rules that the agency proposes to adopt, amend or repeal; (2) the laws authorizing the agency action; (3) the complete text of proposed rules; (4) if applicable, a small business economic impact statement; (5) information on how to obtain a copy of the preliminary cost benefit analysis, if applicable; and (6) agency staff that the public may contact about the proposed rules. The CR-102 notice also includes the date and location of a public hearing to take formal comments about the proposed rule, the deadline for written comments, and how written comments may be sent.
An "Expedited Rule" is a CR-105 Expedited Rule-Making notice, filed under RCW 34.05.353. An agency may use this process to notify the public that it intends to adopt, amend or repeal very limited types of rules without accepting public comments or holding a public hearing. Within forty-five days after the expedited rule-making notice is published in the state register, anyone may submit a written objection to the agency using the expedited rule-making process to adopt the rule. If a written objection is received, the agency must file a CR-102 proposed rule-making notice, invite public comments and hold a public hearing on the proposed rule before adopting it as permanent. If no objection is received, the agency may adopt the rule as permanent by filing a CR-103 permanent rule-making order.
A "Permanent Rule" is a CR-103 Rule-Making Order, filed under RCW 34.05.360 and 34.05.380. A permanent rule is the official notice that an agency is adopting as final new, amended or repealed rules, completing the rule-making process. A CR-103 rule-making order includes the purpose of the rule-making order, the laws authorizing the agency's action, and when the permanent rules will take effect. The permanent rule includes the complete text of the new or amended rules, or the citation and caption of rules being repealed. Agencies also may use a CR-103 notice form to adopt temporary emergency rules (see below).
An "Emergency Rule" is also a CR-103 Rule-Making Order, filed under RCW 34.05.350 and 34.05.380. An emergency rule may be used to meet an urgent public health, safety or welfare need, or to meet a requirement of a federal or state law, or a deadline for receiving federal funds. Emergency rules take effect as soon as they are filed with the state code reviser, or a later date if noted on the CR-103 notice, and are effective for one hundred twenty days after the filing date. Emergency rules may be extended in certain circumstances. Emergency rules may not become permanent rules unless the agency files a preproposal notice and/or a proposed rule notice as applicable, invites public comment on the proposed rules, conducts a public hearing, and complies with other applicable rule-making statutes. NOTE: Emergency rules listed in these tables are those in effect at the time this agenda is filed for publication in the state register.
"Rules" as used generally in this document are the Washington Administrative Code, also known as WAC or state regulations, which are adopted by state agencies according to the Administrative Procedure Act, chapter 34.05 RCW. References to "federal rules" are United States government regulations, also known as the Code of Federal Regulations, or C.F.R.
State "Statutes" are laws adopted by the legislature and signed by the governor, or may be initiatives adopted by the state's voters, and are codified as the Revised Code of Washington (RCW), except that annual budget bills are not codified. Recent state statutes may also be noted as session laws, such as "chapter 140, Laws of 2003," or by a legislative bill number, such as "ESSB 6387."
"WSR" means Washington State Register, the legal publication of state agency rules and other notices, published twice each month by the Office of Code Reviser. 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. The WSR number, plus the date and time of filing, appears on the bottom right hand corner of each notice as filed. To view facsimiles of filed DSHS rule-making notices, visit the DSHS public rule-making web site at http://www1.dshs.wa.gov/msa/rpau/. All DSHS rule-making notices and adoption orders are filed with the code reviser for legal publication in the Washington State Register, and are available to the public.