WASHINGTON STATE REGISTER

WSR 07-16-086

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed July 30, 2007, 11:49 a.m. ]

牋牋 Following is the department of social and health services' semi-annual rule-making agenda for July 1, 2007, through December 31, 2007. This agenda will be published in the state register under RCW 34.05.314 and distributed to interested parties, and is available online at http://www1.dshs.wa.gov/msa/rpau/.

牋牋 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

July 1, 2007, through December 31, 2007

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)
WAC Chapter or WAC Number	WAC Chapter or Section Caption	Subject Matter	Program Contact Person	Emergency Rule	Preproposal Notice	Proposed Rule	Permanent (Final) Rule
Aging and Disability Services Administration (ADSA)
ADSA-Division of Developmental Disabilities (DDD)
Chapter 388-829A WAC	Alternative living program.	Moving standards for these services from current chapter 388-825 WAC.	Debbie Roberts ADSA-DDD		WSR 06-07-086 Filed 3/14/06	WSR 07-11-133 Hearing 7/10/07
Chapter 388-829C WAC	Companion homes.	Moving standards for these services from current chapter 388-825 WAC.	Debbie Roberts ADSA-DDD		WSR 06-07-086 Filed 3/14/06	WSR 07-11-132 Hearing 7/10/07
Chapters 388-823, 388-825, and 388-830 WAC	Intake and determinations Disabilities services rules; DD program option rules.	Amending rules to correct cross references and clarify incomplete information in rules.	Steve Brink ADSA-DDD		WSR 06-16-125 Filed 8/1/06
Chapter 388-824 WAC	DDD mini assessment.	Repealing sections in this chapter that have been replaced by the DDD assessment in chapter 388-828 WAC.	Mark Eliason ADSA-DDD		WSR 07-05-037 Filed 2/14/07
Chapter 388-825 WAC, WAC 388-832-0001 through 388-832-0470	Individual and family services.	Combining three family support programs into one individual and family services program.	Steve Brink ADSA-DDD	WSR 07-14-071 Filed 6/29/07	WSR 07-10-018 Filed 4/20/07
Chapter 388-825 WAC	Division of developmental disabilities service rules.	Defining and reorganizing the rules governing the delivery of services to individuals with developmental disabilities.	Steve Brink ADSA-DDD		WSR 07-09-046 Filed 4/11/07
Chapter 388-826 WAC	DDD voluntary placement program rules.	Amending rules to outline the foster care rate assessment.	Rita Dickey ADSA-DDD		WSR 07-04-065 Filed 2/1/07	WSR 07-11-140 Hearing 6/26/07	WSR 07-15-003 Effective 8/6/07
Chapter 388-827 WAC	State supplementary payment (SSP) program.	Amending rules to comply with the DDD assessment.	Steve Brink ADSA-DDD		WSR 07-15-016 Filed 7/10/07
Chapter 388-828 WAC	DDD assessment.	Incorporating the individual and family services assessment algorithm into the DDD assessment.	Mark Eliason ADSA-DDD	WSR 07-14-081 Filed 6/29/07 And WSR 07-15-054 Filed 7/16/07	WSR 07-15-081 Filed 7/18/07
Chapter 388-828 WAC	DDD assessment.	Creating WAC 388-828-9000, 388-828-9020, 388-828-9040, 388-828-9060, 388-828-9080, 388-828-9100, 388-828-9120, and 388-828-9140 to combine three family support programs into one individual and family services program as directed by the legislature.	Mark Eliason ADSA-DDD		WSR 07-14-072 Filed 6/29/07
Chapter 388-831 WAC (new)	Community protection program.	Establishing the community protection program as directed by recent state law.	Steve Brink ADSA-DDD		WSR 06-08-034 Filed 3/28/06
Chapter 388-835 WAC	ICF/MR program and reimbursement system.	Amending language to reflect new rates for intermediate care facilities for the mentally retarded.	Steve Brink ADSA-DDD		Planned for future action
Chapter 388-845 WAC	Home and community based services waivers.	Amending DDD waivers under Section 1915 of the Social Security Act.	Steve Brink ADSA-DDD	WSR 07-12-022 Filed 5/29/07 WSR 07-12-050 (amending WAC 388-845-1605) Filed 6/1/07	WSR 06-09-013 Filed 4/10/06	WSR 07-11-130 Hearing 7/25/07
Chapter 388-850 WAC	County plan for developmental disabilities.	Rewriting rules in "plain talk" format and clarifying language.	Steve Brink ADSA-DDD		Planned for future action
ADSA - Home and Community Services (HCS)
Chapter 388-106 WAC	Long-term care services.	Amending sections within chapter 388-106 WAC to comply with a supreme court decision pertaining to shared living.	Kristi Knudsen ADSA-HCS	WSR 07-14-070 Filed 6/29/07	WSR 07-14-033 Filed 6/26/07
Chapter 388-106 WAC	Long-term care services.	Clarifying requirements related to children's medicaid personal care (MPC) assessments and amending personal emergency response (PERS) language to clarify that two people who live together who are unable to secure help in an emergency may now be eligible for a PERS unit, and adding PERS medication management language.	Kristi Knudsen ADSA-HCS		WSR 07-15-049 Filed 7/13/07
Chapter 388-106 WAC	Long-term care services.	Amending the in-home classifications to allow for the additional consideration of hours for clients with complex behavioral and cognitive issues and for clients with extremely high needs for assistance with activities of daily living.	Kristi Knudsen ADSA-HCS		WSR 07-15-048 Filed 7/13/07
WAC 388-106-0020	Under MPC, COPES, MNRW, MNIW and chore programs, What services are not covered?	Amends guidelines pertaining to the administration of sterile procedures to more clearly articulate who can and cannot perform certain services.	Kristi Knudsen ADSA-HCS		WSR 07-13-059 Filed 6/16/07
WAC 388-106-0225	How do I pay for MPC?	Increasing the personal needs allowance (PNA) 3.3%; clarifying allowances for a GA-X client residing in an alternate living facility (ALF) that has earned income; clarifying a SSI-related client determined medicaid eligible under WAC 388-513-1305 pays available income to an alternate living facility after allowing a PNA of $60.78; and clarifying language and updating rules.	Kristi Knudsen ADSA-HCS	WSR 07-14-075 Filed 6/29/07	WSR 07-12-066 Filed 6/4/07
Chapter 388-112 WAC	Residential long-term care services.	Amending and adopting new rules to: Clarify CPR requirements and the course content for HIV/AIDS training; and requiring adult family home administrators to complete training, to comply with a 2006 change in state law.	Barbara Hanneman ADSA-HCS		WSR 06-18-083 Filed 9/5/06	WSR 06-22-079 Hearing 12/5/06	WSR 07-01-045 Effective 1/14/07 (WAC 388-112-0270 only. Other proposed sections are being revised.)
WAC 388-513-1315 and 388-513-1395	Eligibility for long-term care services.	Amending rules to clarify hospice services.	Lori Rolley ADSA-HCS		WSR 07-05-012 Filed 2/9/07
WAC 388-513-1320	Determining institutional status for long-term care services.	Clarifying institutional status.	Lori Rolley ADSA-HCS		WSR 07-12-068 Filed 6/4/07
WAC 388-513-1325	Determining available income for a single client for long-term care (LTC) services.	Correcting WAC references to the appropriate SSI-related WACs, and defining LTC services in the title as institutional, waiver or hospice.	Lori Rolley ADSA-HCS		WSR 07-07-096 Filed 3/19/07	WSR 07-11-131 Hearing 6/26/07	WSR 07-14-087 Effective 7/30/07
WAC 388-513-1330 and 388-513-1363	Eligibility for long-term care services.	Revising rules regarding the transfer of assets for clients found eligible for long-term care services due to the federal Deficit Reduction Act, PL 109-171.	Lori Rolley ADSA-HCS	WSR 07-09-062 Filed 4/16/07	WSR 06-10-020 Filed 4/24/06	WSR 07-14-019 Hearing 8/7/07
WAC 388-513-1350	Defining the resource standard and determining resource eligibility for long-term care services.	Increasing spousal resource maximum, etc.	Lori Rolley ADSA-HCS	WSR 07-14-076 Filed 6/29/07	WSR 07-12-063 Filed 6/4/07
WAC 388-513-1367 (new)	Hardship waivers for long-term care services.	Adopting a new rule to explain the hardship waiver process, including notice, time frames and appeal processes.	Lori Rolley ADSA-HCS		WSR 06-17-140 Filed 8/22/06	WSR 07-13-099 Hearing 7/25/07
WAC 388-513-1380	Determining a client's financial participation in the cost of care for long-term care services.	Changing community spouse information.	Lori Rolley ADSA-HCS	WSR 07-14-079 Filed 6/29/07	WSR 07-12-064 Filed 6/4/07
WAC 388-515-1505	Financial eligibility for long-term care.	Increasing the personal needs allowance and community spouse information.	Lori Rolley ADSA-HCS	WSR 07-14-077 Filed 6/29/07	WSR 07-12-067 Filed 6/4/07
WAC 388-515-1510	DDD waivers and outward bound residential alternatives (OBRA).	Increasing the personal needs allowance and amending waiver language.	Tiffany Sevruk ADSA-HCS	WSR 07-14-074 Filed 6/29/07	WSR 07-12-065 Filed 6/4/07
ADSA - Office of Rates Management
Chapter 388-96 WAC	Nursing facility medicaid payment system.	Adopting rules defining "home office" to help determine whether a nursing home is a "vital local provider" under state law.	Ed Southen ADSA Nursing Home Rates Section		WSR 06-16-124 Filed 8/1/06
Chapter 388-96 WAC	Nursing facility medicaid payment system.	Amending rules on: Accounts receivable audits; residents' funds that a home must deposit; the definition of "direct care supplies"; the direct care rate for unbanked beds; minimum occupancy when setting rates; and other purposes.	Patricia Hague ASDA Office of Rates Management		WSR 06-24-112 Filed 12/6/06
Chapter 388-96 WAC	Nursing facility medicaid payment system.	Amending rules to clarify the treatment of quality maintenance fee costs in rebases of the medicaid nursing home payment rate that are based on cost reports from 2005 forward.	Patricia Hague ADSA Office of Rates Management		WSR 07-05-024 Filed 2/13/07
ADSA - Residential Care Services (RCS)
Chapter 388-76 WAC	Adult family homes.	Updating the rules to comply with statutes, simplifying language, clarifying issues, and reorganizing the chapter.	Roger Woodside ADSA-RCS		WSR 06-09-084 Filed 4/18/06	WSR 07-14-082 Hearings: Olympia 9/4/07 Spokane 9/6/07
Chapter 388-76 WAC	Adult family homes minimum licensing requirements.	Clarifying due process rights of persons investigated for alleged abuse, neglect, exploitation and financial exploitation of an adult family home resident and amending other related sections.	Roger Woodside ADSA-RCS		WSR 07-15-026 Filed 7/12/07
Chapter 388-78A WAC	Boarding home licensing rules.	Clarifying due process rights of persons investigated for alleged abuse, neglect, exploitation and financial exploitation of a boarding home resident and amending other related sections.	Todd Henry ADSA-RCS		WSR 07-15-025
WAC 388-97-077	Nursing home resident protection program and other related sections.	Simplifying and clarifying existing due process for rights of individuals accused of abusing, neglecting, exploiting or financially exploiting vulnerable adults in nursing homes.	Lisa Yanagida ADSA-RCS		WSR 07-15-024 Filed 7/12/07
Chapter 388-101 WAC	Certified community residential services and supports.	Revising rules regarding the community protection program, assessments, restrictive procedures, inspections, enforcement remedies, appeals, agency finances, and client's rights; addressing abuse and neglect reporting, and sections that involve the individual financial plans; and to meet federal requirements.	John Gaskell ADSA-RCS		WSR 05-07-132 Filed 3/22/05
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 388-15-009 388-15-049	What is child abuse or neglect? When must the department notify the alleged perpetrator of allegations of child abuse or neglect?	Amending the definition of child abuse to be consistent with a 2006 change in state law. Amending the definition of notice to an alleged perpetrator of child abuse or neglect, to be consistent with a 2006 change in state law.	Tina Stern Children's Administration	WSR 07-10-057 Filed 4/27/07	WSR 06-21-080 Filed 10/17/06 WSR 06-21-081 Filed 10/17/06	WSR 07-08-095 Hearing 5/8/07	WSR 07-14-111 Effective 7/23/07
WAC 388-25-1000 388-25-1010 388-25-1020 388-25-1030 388-25-1040 388-25-1050	Child welfare services -- Foster care.	Amending eligibility criteria for the state supplementary payment program through the children's administration.	Cindy Beckman Children's Administration		WSR 07-05-026 Filed 2/13/07
Chapter 388-39A WAC	Child welfare services -- Complaint resolution.	Same.	Children's Administration		Planned for future action
Economic Services Administration (ESA)
ESA - Community Services Division (CSD) No current rule-making activity
ESA - (Former) Division of Child Care and Early Learning (DCCEL)
Note: When chapter 265, Laws of 2006, became effective on July 1, 2006, DCCEL became part of the new department of early learning and is no longer a unit of DSHS. Contact Carla Gira, acting DEL rules coordinator, at (360) 725-4682 regarding child care licensing rules that are now managed by the department of early learning. The department of early learning will recodify certain working connections child care rules in chapter 388-290 WAC in the future (see WAC 388-290-0273, below). Please contact the department of early learning with questions about these rules.
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.	Nancy Koptur ESA-DCS	WSR 07-16-023 Filed 7/20/07	WSR 07-10-116 Filed 5/2/07
WAC 388-14A-3900 to 388-14A-3925	Division of child support rules.	Revising rules on modification of support orders.	Nancy Koptur ESA-DCS		WSR 03-22-054 Filed 10/31/03
ESA - Division of Employment and Assistance Programs (DEAP)
WAC 388-290-0273	Working connections child care.	Amending the rule to allow WCCC payment if the child care provider has documentation of attendance records. (Note: This rule will be recodified into a new chapter by the department of early learning in 2007.)	Sally Reigel Deptartment of Early Learning		WSR 06-08-033
WAC 388-310-0300 388-310-1450	WorkFirst.	Changing the one-time exemption for a parent with a child under twelve months.	Ian Horlor ESA-DEAP	WSR 07-16-021 Filed 7/20/07	WSR 07-11-116 Filed 5/18/07
WAC 388-310-2100 388-418-0005	WorkFirst career services program.	WorkFirst career services program.	Jenny Egan Grayum ESA-DEAP	WSR 07-14-080 Filed 6/29/07	WSR 07-05-059 Filed 2/20/07
WAC 388-406-0025	Can I apply for cash, medical, or Basic Food?	Allowing applications for youth prior to release from confinement.	John Camp ESA-DEAP		WSR 07-14-098 Filed 6/30/07
WAC 388-406-0035	How long does the department have to process my application?	Clarifying the section and update the WACs that should be referenced in regards to applications that are delayed.	Jenny Egan Grayum ESA-DEAP		WSR 07-12-030 Filed 5/30/07
WAC 388-406-0040	Applications.	Clarifying delayed processing and actions on applications for food assistance that are thirty days old to be consistent with federal rules.	Rebecca Henrie ESA-DEAP		WSR 06-14-037 Filed 6/28/06	WSR 07-05-053 Hearing 3/27/07	WSR 07-13-019 Effective 7/12/07
Chapter 388-412 WAC	Benefit issuances.	Providing rules on how the department: Delivers benefits, replaces benefits that were issued, and expunges benefits that have been unused in a electronic benefits transfer (EBT) account.	John Camp ESA-DEAP		WSR 07-06-052 Filed 3/2/07
WAC 399-418-0011	Mid-certification reviews.	Updating the rule to comply with federal law and rules regarding what is considered a complete mid-certification review.	John Camp ESA-DEAP		WSR 06-17-130 Filed 8/21/06	WSR 06-21-056 Hearing 11/21/06	WSR 07-01-023 Effective 10/1/07 See also WSR 06-24-025
WAC 388-428-0010 and 388-454-0025	Notifying parents of whereabouts of their children.	Revising rules governing notifying parents of the whereabouts of their children to comply with state law, and recognize the rights of parents and protect the safety of children.	Tom Berry ESA-DEAP		WSR 06-20-073 Filed 9/29/06
WAC 388-440-0005	Exception to rule -- Notification requirement.	Simplifying the process for the department to respond to individual requests for an exception to policy.	Ian Horlor ESA-DEAP		WSR 07-10-019 Filed 4/20/07	WSR 07-14-017 Hearing 8/7/07
WAC 388-444-0005	WorkFirst.	Amending WorkFirst rules to comply with the federal Deficit Reduction Act of 2005.	Ian Horlor ESA-DEAP		WSR 06-21-055 Filed 10/13/06	WSR 07-11-134 Hearing 6/26/07	WSR 07-14-125 Effective 8/3/07
WAC 388-444-0025	Payments for food stamp employment and training related expenses.	Amending the rule to allow participants in food stamp employment and training programs to be eligible for dependent care payments for dependent children age zero to six years of age.	John Camp ESA-DEAP	WSR 07-08-096 Filed 4/3/07	WSR 07-12-059 Filed 6/4/07
WAC 388-450-0015 388-450-0035 388-470-0045 388-470-0055 and related sections	Income and resources counted for food assistance.	Amending rules consistent with federal law regarding exclusion for certain types of educational income, interest or dividend income, and retirement savings.	John Camp ESA-DEAP		WSR 06-07-147 Filed 3/21/06
WAC 388-450-0162	Using countable income to determine eligibility and amount of cash and food assistance benefits.	Including references to WAC 388-478-0040 and 388-478-0045.	Logan McGregor ESA-DEAP		WSR 07-14-099 Filed 6/30/07
WAC 388-450-0185 388-450-0190 388-450-0195 388-478-0060 388-492-0040 388-492-0070	WASHCAP and Basic Food.	Implementing annual adjustments to standards for WASHCAP and the Washington Basic Food program. Changes include updates to the following standards for federal fiscal year 2008: Income standard, maximum allotment, maximum shelter deduction standard, standard deduction, standard utility allowances, WASHCAP shelter cost standard, and WASHCAP opt-out standard.	John Camp ESA-DEAP		WSR 07-11-117 Filed 5/18/07
WAC 388-450-0215	How does the department estimate my assistance unit's income to determine my eligibility and benefits?	Giving provisions for budgeting income that is received less frequently than monthly on an averaging basis even in the month of application.	Bill Callahan ESA-DEAP		WSR 07-06-051 Filed 3/2/07	WSR 07-11-091 Hearing 6/26/07
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-DEAP		WSR 06-09-037 Filed 4/13/06
WAC 388-478-0055	How much do I get from my state supplemental payments (SSP)?	Increasing the state supplemental payment by $1.77 per month beginning July 1, 2007, for SSI clients who reside in nursing facilities, residential habilitation centers, or state hospitals and who receive a personal needs allowance.	Logan MacGregor ESA-DEAP	WSR 07-14-073 Filed 6/29/07	WSR 07-12-060 Filed 6/4/07
WAC 388-492-0070	How are my WASHCAP food benefits calculated?	Amending the utility standard included in the WASHCAP standards, and adjusting the threshold by which an individual receives either the high or the low WASHCAP shelter standard.	Rebecca Henrie ESA-DEAP		WSR 07-10-114 Filed 5/2/07
Health and Recovery Services Administration (HRSA)
HRSA - Division of Alcohol and Substance Abuse (DASA)
Chapter 388-800 WAC	Chemical dependency assistance programs.	Clarifying rules; updating references to patient eligibility standards; clarifying the process for secondary ADATSA clients.	Virginia Ochoa HRSA-DASA		WSR 05-02-065 Filed 1/4/05
Chapter 388-805 WAC	Certification requirements for chemical dependency service providers.	Clarifying rules; updating definition and requirements for chemical dependency service providers.	Deb Cummins HRSA-DASA		Planned for future action (October 2007)
HRSA-Mental Health (MH)
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.	Contact Kevin Sullivan, HRSA		WSR 03-08-077 Filed 4/1/03
HRSA-Medical Assistance (MA)
Unknown sections in TITLE 388 WAC	Health technology clinical committee assessments.	Creating a new WAC to support the health technology assessment program established by the 2006 legislature.	Kevin Sullivan HRSA-MA		WSR 07-12-061 Filed 6/4/07
WAC 388-406-0010	How do I apply for benefits?	Amending the rule to clarify the signature requirements on applications for medical assistance for children and pregnant women.	Mary Beth Ingram HRSA-MA		WSR 07-08-094 Filed 4/3/07
WAC 388-408-0055 388-416-0015 388-418-0005 388-418-0025 388-450-0210 388-476-0005 388-478-0075 388-505-0210 388-505-0211 388-542-0010 388-542-0020 388-542-0050 388-542-0300	Medical assistance eligibility for children.	Authorizing medical assistance coverage for all children living in households with income at or below 250% of the federal poverty level (FPL).	Kevin Cornell HRSA-MA	WSR 07-16-022 Filed 7/20/07	WSR 07-11-098 Filed 5/16/07
WAC 388-478-0070 388-478-0080	Standards for payments.	Amending rules to comply with federal medicaid standard changes that became effective January 1, 2007.	Mary Beth Ingram HRSA-MA	WSR 07-15-002 Filed 7/6/07	WSR 07-07-003 Filed 3/8/07
WAC 388-501-0060 388-501-0065	Healthcare coverage.	Correcting errors made in developing the scope of covered services chart in new WAC 388-501-0060 and 388-501-0065.	Kevin Sullivan HRSA-MA		WSR 07-12-062 Filed 6/4/07
WAC 388-501-0100 388-505-0540	Subrogation; Assignment or rights and cooperation.	Filed and withdrawn in the past period.	Wendy Boedigheimer HRSA-MA		WSR 07-04-020 Filed 1/23/07	WSR 07-13-087 Hearing 7/25/07
WAC 388-501-0180 and related rules	Out-of-state medical care.	Updating and clarifying rules on out-of-state medical care and requirements for providers; and out-of-country medical care.	Kevin Sullivan HRSA-MA		WSR 06-24-113 Filed 12/6/06
WAC 388-502-0150	Administration of medical programs.	Extending the time limit to submit a claim after medicare has processed the claim.	Diane McMasters HRSA-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 HRSA-MA		WSR 04-16-087 Filed 8/2/04
WAC 388-503-0505	General eligibility requirements for medical programs.	Requiring clients who are entitled to medicare benefits and applying for medicaid to enroll in medicare Parts A, B, and D.	Carole McRae HRSA-MA		WSR 06-11-085 Filed 5/16/06
Chapter 388-505 WAC	Family medical.	Creating a new WAC to address family-related institutional medical benefits.	Carole McRae HRSA-MA		WSR 07-12-031 Filed 5/30/07
WAC 388-517-0310 388-517-0320	Medicare savings programs.	Revising rules to reflect federal requirements on copayments, policies and program eligibility.	Carole McRae HRSA-MA		WSR 05-17-137 Filed 8/19/05	WSR 07-11-135 Hearing 6/26/07	WSR 07-15-032 Effective 8/12/07
Chapter 388-530 WAC	Pharmacy services.	Reorganizing, updating, and clarifying pharmacy rules.	Wendy Boedigheimer HRSA-MA		WSR 07-04-017	WSR 07-11-141 07-11-142 07-11-143 07-11-144 Hearing 6/26/07
Chapter 388-532 WAC	Family planning/TAKECHARGE program.	Revising rules to bring the program into compliance with state's federal waiver, and to help the state prevent the loss of federal funds.	Wendy Boedigheimer HRSA-MA	WSR 07-14-030 Filed 6/26/07	WSR 06-22-093 Filed 11/1/06	WSR 07-07-102 Hearing 3/19/07
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 388-535-1065	Coverage limits for dental-related services provided under the GA-U and ADATSA programs.	Striking "for clients through age twenty" that was inadvertently added in WAC 388-535-1065(4).	Kathy Sayre HRSA-MA		WSR 07-09-057 Filed 7/12/07	WSR 07-14-089 Hearing 8/7/07
WAC 388-535-1265	Covered dental-related services -- Adults.	Repealing this rule because the replacement rule WAC 388-535-1271, is effective on April 1, 2007.	Kathy Sayre HRSA-MA	WSR 07-08-067 Filed 3/29/07		Expedited Rule-Making WSR 07-08-066 Comments due: 6/4/07	WSR 07-14-031 Effective 7/27/07
WAC 388-543-1100 388-543-1150 388-543-1600 388-543-1700 388-543-2000 388-543-2800	Durable medical equipment.	Amending rules to update and clarify covered durable medical equipment and related supplies, prosthetics, orthotics, medical supplies and related services.	Wendy Boedigheimer HRSA-MA		WSR 07-04-018 Filed 1/25/07	WSR 07-11-042 Hearing 6/26/07
WAC 388-544-0475	Noncovered services, eyeglasses, and contact lenses.	Removing the language in this section and readopting the rule through the permanent rule-making process.	Wendy Boedigheimer HRSA-MA	WSR 07-11-023 Filed 5/4/07	WSR 07-10-125 Filed 5/2/07
WAC 388-544-1010 388-544-1100 388-544-1200 388-544-1300 388-544-1400	Hearing aid services.	Revising rules to move the hearing aid rules into 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
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 HRSA-MA		WSR 05-16-083 Filed 8/1/05
WAC 388-550-1000 388-550-2565 388-550-2570 388-550-2575 388-550-2580 388-550-2585 388-550-2590 388-550-2595 388-550-2596	Hospital services long-term acute care.	Amending the rule so that special client service contracts that complement a core provider agreement for an out-of-state LTAC hospital take precedence over any conflicting payment program policies set in WAC by the department, and to clarify and update existing language for the LTAC program WAC sections.	Kathy Sayre HRSA-MA		WSR 06-22-054 Filed 10/27/06	WSR 07-08-107 Hearing 5/8/07	WSR 07-11-129 Effective 8/1/07
WAC 388-550-1050	Hospital definitions.	Clarifying and updating existing definitions and adding new definitions relating to inpatient and outpatient hospital services.	Kathy Sayre HRSA-MA		WSR 06-22-054 Filed 10/27/06	WSR 07-08-108 Hearing 5/23/07	WSR 07-14-052 Effective 8/1/07
WAC 388-550-1100 388-550-2600 388-550-2650	Hospital services: Psychiatric inpatient hospitals.	Updating and clarifying inpatient psychiatric services coverage (including adding applicable definitions), payment policy, and general policy for hospital care.	Kathy Sayre HRSA-MA		WSR 05-17-136 Filed 8/19/05	WSR 07-10-093 Hearing 6/5/07	WSR 07-14-053 Effective 8/1/07
WAC Part 1 of 3: 388-550-1200 388-550-1300 388-550-1350 388-550-1400 Part 2 of 3: 388-550-1500 388-550-1600 388-550-1700 388-550-1800 388-550-1900 Part 3 of 3: 388-550-2100 388-550-2200 388-550-2301 388-550-2400 388-550-2500 388-550-2800	Hospital services.	Amending sections in chapter 388-550 WAC relating to hospital requirements for transplants and bariatric surgery, inpatient chronic pain management and hospice services, and payment methods for medicaid and SCHIP clients.	Kathy Sayre HRSA-MA		WSR 06-22-054 Filed 10/27/06	WSR 07-10-104 07-10-105 07-10-106 Hearing 6/5/07	WSR 07-14-018 Effective 8/1/07
WAC 388-550-2501 388-550-2511 388-550-2521 388-550-2531 388-550-2541 388-550-2561	Hospital services acute physical medicine and rehabilitation services.	Updating and clarifying existing language; adding the language for dates of admission before July 1, 2007, a department-approved acute PM&R facility must provide documentation that confirms the facility is contracted under the department's selective contracting program, if in a selective contracting area, unless exempted from the requirement, etc.	Kathy Sayre HRSA-MA		WSR 06-22-054 Filed 10/27/06	WSR 07-08-106 Hearing 5/8/07	WSR 07-12-039 Effective 8/1/07
WAC 388-550-2598	Hospital services: Critical access hospital (CAH) program.	Updating and clarifying the department's critical access hospital (CAH) policy and processes for rate-setting, claim payment, etc.	Kathy Sayre HRSA-MA		WSR 06-22-054 Filed 10/27/06	WSR 07-10-094 Hearing 6/5/07	WSR 07-14-054 Effective 8/1/07
WAC 388-550-2900 388-550-3000 388-550-3200 388-550-3300 388-550-3350 388-550-3381 388-550-3400 388-550-3500 Repeal WAC 388-550-2000	Hospital services -- Hospital payment methodologies and limits.	Changing "medical assistance administration (MAA)" to "the department" and "facility" to "hospital." In addition, the proposed changes reflect updates for dates of admission before August 1, 2007, and on and after August 1, 2007.	Kathy Sayre HRSA-MA		WSR 06-22-054 Filed 10/27/06	WSR 07-10-107 Hearing 6/5/07	WSR 07-14-055 Effective 8/1/07
WAC Part 1 of 6: 388-550-3010 388-550-3020 388-550-3100 388-550-3150 388-550-3250 Part 2 of 6: 388-550-3450 388-550-3460 388-550-3470 Part 3 of 6: 388-550-3600 388-550-3800 388-550-3900 388-550-4000 388-550-4100 388-550-4200 388-550-4300 Part 4 of 6: 388-550-3700 Part 5 of 6: 388-550-4400 388-550-4500 388-550-6700 Part 6 of 6: 388-550-4800	Hospital services -- Navigant study.	Describing policy regarding the department's hospital services coverage, rate-setting methods, and payment methods, based on recommendations made in the Navigant study and supported by the state legislature.	Kathy Sayre HRSA-MA		WSR 06-22-054 Filed 10/27/06	WSR 07-10-095 07-10-096 07-10-097 07-10-098 07-10-099 07-10-100 Hearing 6/5/07	WSR 07-14-051 Effective 8/1/07
WAC 388-550-4600 388-550-4700	Hospital selective contracting program.	Amending rules to reflect that the department is ending the hospital selective contracting program on June 30, 2007.	Kathy Sayre HRSA-MA		WSR 05-17-136 Filed 8/19/05	WSR 07-09-080 Hearing 5/22/07	WSR 07-12-040 Effective 7/1/07
WAC Part 1 of 3: 388-550-5400 388-550-5410 388-550-5425 388-550-5450 Part 2 of 3 388-550-4670 388-550-4900 Part 3 of 3: 388-550-4925 388-550-4935 388-550-5000 388-550-5125 388-550-5130 388-550-5150 388-550-5200 388-550-5210 388-550-5220	Hospital services: Disproportionate share hospitals (DSH).	Add new sections to ensure all DSH programs are identified in rule and ensure that sufficient program detail is provided.	Kathy Sayre HRSA-MA		WSR 06-22-054 Filed 10/27/06	WSR 07-10-101 07-10-102 07-10-103 Hearing 6/5/07	WSR 07-14-090 Effective 8/1/07
WAC 388-550-6000 388-550-6350 388-550-6500 388-550-7000 388-550-7050 388-550-7100 388-550-7200 388-550-7300 388-550-7400 388-550-7500 388-550-7600	Hospital services: Outpatient prospective payment system (OPPS).	Updating and clarifying existing language related to OPPS, outpatient sleep apnea/sleep study programs, blood and blood components, and conditions of payment and payment methods for outpatient hospital services.	Kathy Sayre HRSA-MA		WSR 05-13-076 Filed 6/13/05	WSR 07-10-092 Hearing 6/5/07	WSR 07-13-100 Effective 8/1/07
Chapter 388-557 WAC	Chronic care management program.	Incorporate into rule the new chronic care management program.	Kathy Sayre HRSA-MA		WSR 07-02-021 Filed 12/21/06	WSR 07-15-089 Hearing 8/21/07
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
WAC 388-740-0070	Confinement.	To implement section 1(4) (b), chapter 203, Laws of 2007 of SSB 5243 by defining behavior which may be cause for the secretary to modify parole and return a juvenile sex offender to confinement for up to twenty-four weeks. Also to incorporate guidelines and certain existing JRA parole standards to return certain juvenile sex offenders committed to JRA or basic training camp graduates to confinement for the remainder of his or her sentence.	Kecia Rongen JRA		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
Office of Planning, Performance and Accountability (OPPA)
OPPA - Research and Data Analysis
Chapter 388-04 WAC	Protection of human research subjects.		No current rule-making activity.
Office of Risk Management (ORM)
ORM - 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 Privacy Officer		WSR 02-01-007 Filed 12/7/01
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
Public Affairs (PA)
PA - Division of Vocational Rehabilitation (DVR)
Chapters 388-891 388-892 WAC			No current rule-making activity.
PA - Management Services Administration
Chapter 388-02 WAC	DSHS hearing rules.	Modifying deadlines and time frames in administrative hearings, making changes to the authority of administrative law judges and review judges, and making other changes in order to comply with federal rules.	Brian Lindgren MSA Board of Appeals		WSR 07-10-112 Filed 5/2/07
Chapter 388-06 WAC	Background checks.	Amending, consolidating and colocating existing background check rules in other WAC chapters into this chapter.	Jackie Beery MSA Background Check Central Unit	WSR 07-16-019 and 07-16-020 Filed 7/20/07	WSR 07-11-097 Filed 5/16/07
PA - Office of Deaf and Hard of Hearing Services
Chapter 388-818 WAC	Deaf and hard of hearing services.		No current rule-making activity.
PA - Special Commitment Center
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

牋牋 Explanation of selected terms used in these tables:

牋牋 "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.

牋牋 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.

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

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

牋牋 (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;

牋牋 (3) The laws authorizing the agency action;

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

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

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

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

牋牋 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.

牋牋 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).

牋牋 An "emergency rule" is also a CR-103 rule-making order, filed under RCW 34.05.350 and 34.05.380. This is a temporary rule used to meet an urgent public health, safety or welfare need, or to meet a deadline set in a law or federal requirement. Emergency rules are effective for one hundred twenty days after the filing date. Emergency rules may be extended in certain circumstances, but they may not become permanent rules unless the agency files a preproposal notice and/or a proposed rule notice as applicable, and complies with other applicable rule-making statutes. NOTE: Emergency rules listed in these tables are only those in effect at the time this agenda was filed for publication in the Washington state register.

牋牋 "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.

牋牋 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 2003," or by a legislative bill number, such as "ESSB 6387." United States government statutes may be noted by their U.S. Code number, Public Law number, Act title, or congressional bill number.

牋牋 "WSR" is the Washington state register, the legal publication of state agency rules and other notices, published twice each month by the office of the 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.

牋牋 "CR" means code reviser when referring to rule-making notice forms, such as the CR-101, CR-102, CR-103 and CR-105. The office of the code reviser creates the standard rule-making forms used by all state agencies.

牋牋 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.

牋牋 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 paper-copy 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 E. Schiller

Rules Coordinator

� Washington State Code Reviser's Office