WSR 10-01-181

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed December 22, 2009, 2:33 p.m. ]

Following is the department of social and health services' semi-annual rule-making agenda for January 1 through June 30, 2010. This agenda will be published in the Washington state register under RCW 34.05.314 and distributed to interested parties, and is available on-line at http://www1.dshs.wa.gov/msa/rpau/.

This report represents DSHS rules under development at this time. There may be additional rule-making activity as DSHS responds to legislative actions, to comply with federal mandates, or to meet unforeseen circumstances.


Semi-Annual Rule-Making Agenda

January 1 through June 30, 2010



WAC

Chapter or WAC Number

WAC Chapter or Section Caption

Subject Matter

Program Contact Person

Current Activity

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

Emergency Rule

(CR-103E)

Preproposal Notice

(CR-101)

Proposed Rule

(CR-102)

Permanent (Final) Rule (CR-103P)
Aging and Disability Services Administration (ADSA)
ADSA - Division of Developmental Disabilities (DDD)
Chapter

388-825 WAC

Division of developmental disabilities service rules. Repealing the rules relating to the family support program which have been replaced by chapter 388-832 WAC. Meredith Kelly

ADSA-DDD

WSR

09-04-092

Filed

2/4/09

WSR

09-15-020

Hearing

8/25/09

WAC

388-825-068

Division of developmental disabilities services rules. Amending requirements to respond to state budget appropriations (adult day health). Meredith Kelly

ADSA-DDD

WSR

09-22-038

Filed

10/27/09

WSR

09-07-039

Filed

3/10/09

WSR

09-15-161

Hearing

8/25/09

Chapter

388-826 WAC

Voluntary placement program. Changing the chapter name to Children's residential services--Voluntary placement; updating the rules to provide more consistent administration, delivery, and monitoring across the state to all recipients of voluntary placement services. Meredith Kelly

ADSA-DDD

WSR

08-19-052

Filed

9/11/08

Chapter

388-828 WAC

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

Meredith Kelly

ADSA-DDD

WSR

08-16-138

Filed

8/6/08

WSR

09-12-060

Hearing

7/7/09

Chapter

388-828 WAC

DDD assessment. Adding the children's intensive in-home behavioral support program algorithm. Meredith Kelly

ADSA-DDD

388-828-1620

WSR

09-21-103

Filed

10/21/09

WSR

08-20-087

Filed

9/29/08

WAC

388-831-0010

388-831-0030

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

Meredith Kelly

ADSA-DDD

WSR

09-18-095

Filed

9/1/09

WSR

09-01-047

Filed

12/10/08

WAC

388-831-0240

Can I be terminated from the community protection program? Maintaining consistency with changes in WAC 388-845-0060. Meredith Kelly

ADSA-DDD

WSR

09-07-062

Filed

3/12/09

WAC

388-832-0145

Who is eligible to receive respite care? Revising eligibility, as directed by the legislature, for respite services for individuals participating in the individual and family services program. Meredith Kelly

ADSA-DDD

WSR

09-24-013

Filed

11/23/09

WSR

09-14-016

Filed

6/22/09

WAC

388-832-0160

388-832-0305

388-832-345

388-832-0460

DDD respite care. Clarifying limits on respite care and identifying qualified providers. Meredith Kelly

ADSA-DDD

WSR

09-15-162

Filed

7/21/09

Chapter

388-835 WAC

ICF/MR program and reimbursement system Amending language to reflect new rates for intermediate care facilities for the mentally retarded. Meredith Kelly

ADSA-DDD

Planned for future action.
Chapter

388-845 WAC

Division of developmental disabilities home and community based services waivers. Adding a fifth waiver, known as the children's intensive in-home behavioral supports (CIIBS). Meredith Kelly

ADSA-DDD

WSR

09-18-059

Filed

8/28/09

WSR

08-19-112

Filed

9/17/08

Chapter

388-850 WAC

County plan for developmental disabilities. Rewriting rules in "plain talk" format and clarifying language. Meredith Kelly

ADSA-DDD

Planned for future action.
WAC

388-850-045

County plan for developmental disabilities. Amending the requirements to comply with state budget appropriations. Meredith Kelly

ADSA-DDD

WSR

09-22-028

Filed

10/27/09

WSR

09-01-132

Filed

12/22/08

ADSA - Home and Community Services (HCS)
WAC

388-71-0515

388-71-0540

388-106-1303

Home and community services and programs and long-term care services. Paying a home care agency licensed under chapter 70.127 RCW for medicaid funded in-home personal care or respite services if the care is provided to a client by a family member. Tiffany Sevruk

ADSA-HCS

WSR

10-01-167

Filed

12/22/09

WSR

09-18-090

Filed

9/1/09

WAC

388-71-05665 through

388-71-05890

Home and community services, long-term care services, and developmental disabilities services. Implementing Initiative 1029 and federal background checks and training and certification requirements. Barbara Hanneman

ADSA-HCS

WSR

09-04-087

Filed

2/3/09

WSR

09-21-095

Hearing

11/24/09

WSR

09-24-092

Effective 1/1/10

WAC

388-71-0724

Payment rates at adult day health centers. Implementing a preliminary injunction order issued by the United States district court. Tiffany Sevruk

ADSA-HCS

Chapters

388-71

388-106 WAC

Adult day health. Changing rules based on state budget and federal requirements regarding adult day health. Tiffany Sevruk

ADSA-HCS

(388-71-0724)

WSR

09-20-037

Filed

9/30/09

WSR

09-12-042

Filed

5/27/09

Chapter

388-106 WAC

Long-term care services. Updating how the individual budget amount is calculated after the New Freedom participant is assigned a classification as a result of an assessment performed in CARE. Tiffany Sevruk

ADSA-HCS

WSR

09-13-092

Filed

6/16/09

WAC

388-106-0125

Long-term care services. Reducing the number of in-home care hours authorized in the 17 level CARE assessment as directed by the legislature. Tiffany Sevruk

ADSA-HCS

WSR

09-21-074

Filed

10/16/09

WSR

09-14-042

Filed

6/24/09

WAC

388-106-1200

through

388-106-1230

Respite care services. Adding language regarding the new tailored caregiver assessment and referral (TCARE) process. Tiffany Sevruk

ADSA-HCS

WSR

09-16-080

Filed

7/31/09

WAC

388-106-1000 through

388-106-1055

Private duty nursing. Changing the frequency of the comprehensive assessment reporting evaluation (CARE) assessment and skilled nursing task log. Tiffany Sevruk

ADSA-HCS

WSR

09-24-028

Filed

11/23/09

Chapters

388-513

388-515 WAC

Client not in own home--Institutional medical and alternative living--Institutional medical. Clarifying eligibility, allocation/deeming, and making other language clarifications. Lori Rolley

ADSA-HCS

WSR

09-22-045

Filed

10/28/09

WAC

388-513-1315

Eligibility for long-term care. Removing reference to the alien emergency medical program and adding reference to new WAC section regarding noncitizens. Lori Rolley

ADSA-HCS

WSR

09-15-184

Filed

7/22/09

WSR

09-21-073

Hearing

11/24/09

Chapter

388-561 WAC

Trusts, annuities, and life estates - effect on medical programs. Adding Deficit Reduction Act language and language regarding promissory notes. Lori Rolley

ADSA-HCS

WSR

09-24-029

Filed

11/23/09

ADSA - Office of Rates Management
Chapter

388-96 WAC

Nursing facility medicaid payment system. Incorporate statutory changes and clarify regulations. Patricia Hague

ADSA-Office of rates management

WSR

09-17-003

Filed

8/6/09

ADSA - Residental Care Services (RCS)
Chapter

388-76 WAC

Adult family home minimum licensing requirements. The department is considering making editorial and clarifying changes and to make the rules consistent with current laws and standards. Maureen Lally

ADSA-RCS

WSR

09-15-156

Filed

7/21/09

WSR

09-20-060

Hearing

12/8/09

Chapter

388-76 WAC

Adult family home rules. The department is considering making clarifying changes and consolidating terms to simplify the rules. Maureen Lally

ADSA-RCS

WSR

09-16-101

Filed

8/4/09

WSR

09-21-070

Hearing

12/8/09

Chapter

388-78A WAC

Boarding home rules. The department is considering making editorial and clarifying changes and making these rules consistent with current law and standards. Judy Johnson

ADSA-RCS

WSR

09-14-069

Filed

6/29/09

WSR

09-20-061

Hearing

12/8/09

Chapter

388-97 WAC

Nursing home rules. The department is considering making editorial and clarifying changes and making the rules consistent with current laws and standards. Lisa Yanagida

ADSA-RCS

WSR

09-14-070

Filed

6/29/09

WSR

09-20-062

Hearing

12/8/09

Chapter

388-101 WAC

Certified community residential services and supports. The department is making editorial and clarifying changes and making the rules consistent with current law and standards. John Gaskell

ADSA-RCS

WSR

09-14-068

Filed

6/29/09

WSR

09-21-094

Hearing

12/8/09

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

CA

WSR

06-06-073

Filed

2/28/06

WAC

388-15-013

Who may receive child protective services? Matching requirements as to in loco parentis in RCW 74.13.031 and CA policy. Tina Stern

CA

WSR

09-10-076

Filed

5/5/09

Chapter

388-27 WAC

Guardianship subsidies. Creating rules to provide clarity and guidance to persons receiving guardianship subsidy. Lonnie Locke

CA

WSR

08-05-045

Filed

2/13/08

WAC

388-27-0275

When does the department review an adoptions support agreement? Bringing the rule into compliance with RCW 74.13.031. Lonnie Locke

CA

WSR

09-16-105

Filed

8/4/09

WAC

388-32-0020

388-32-0025

388-32-0030

Family reconciliation services. Reflecting efforts to best serve the needs of families served by CA, supporting access to appropriate services for families with adolescents across programs. Tim Kelly

CA

WSR

08-05-043

Filed

2/13/08

Chapter

388-39A WAC

Child welfare services--Complaint resolution. Child welfare services--Complaint resolution. CA Planned for future action.
Chapter

388-61A WAC

Shelters for victims of domestic violence. Updating and deleting outdated sections, and developing new sections specifically covering nonresidential services provided by emergency shelter contractors. Susan Hannibal

CA

WSR

08-06-086

WAC

388-165-140

Child care for child protective services and child welfare services. Bringing the rule into compliance with CA's revised and updated child care subsidy program to minimize impact on direct services and implement fiscal policy and practice efficiencies. Michael Luque

CA

WSR

09-16-104

Filed

8/4/09

Economic Services Administration (ESA)
ESA - Community Services Division (CSD)
WAC

388-310-1600

WorkFirst--Sanctions. Tightening program requirements and prioritizing services for WorkFirst clients. Stephanie Nielsen

ESA-CSD

WSR

10-01-159

Filed

12/22/09

WAC

388-310-2100

Career services program. Tightening program requirements and prioritizing services for WorkFirst clients. Olga Walker

ESA-CSD

WSR

10-01-160

Filed

12/22/09

WAC

388-406-0055

When do my benefits start? Clarifying rules about missing verification after filing an application. Don Winslow

ESA-CSD

WSR

09-20-079

Filed

10/6/09

WAC

388-408-0020

When am I not allowed to be in a TANF or SFA assistance unit? Clarifying that adoptive children are always to be included in TANF and SFA units. Tom Berry

ESA-CSD

WSR

09-16-102

Filed

8/4/09

WSR

09-23-077

Hearing

12/22/09

WAC

388-418-0005

How will I know what changes I must report? Clarifying that overpayments cannot be collected from nonneedy caregivers who receive no financial benefit from the grant. Tom Berry

ESA-CSD

WSR

09-20-080

Filed

10/6/09

WAC

388-418-0005

388-418-0007

388-418-0011

388-416-0005

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

ESA-CSD

WSR

08-15-133

Filed

7/22/08

WAC

388-418-0020

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

ESA-CSD

WSR

08-04-075

Filed

2/4/08

WAC

388-422-0005

What happens to my child, spousal, and medical support when I get public assistance? Clarifying the intent of the policy and support the assignment policy under RCW 74.20.330. Tom Berry

ESA-CSD

WSR

09-16-103

Filed

8/4/09

WSR

09-21-069

Hearing

11/24/09

WAC

388-448-0030 388-448-0040

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

ESA-CSD

WSR

08-13-048

Filed

6/12/08

WSR

08-19-044

Hearing

10/21/08

WAC

388-448-0080

388-448-0090

388-448-0100

388-448-0110

General assistance incapacity criteria. Aligning the general assistance incapacity criteria with the Social Security Administration disability criteria. Melissa Mathson

ESA-CSD

WSR

09-19-125

Filed

9/22/09

WAC

388-450-0005

388-450-0100

388-450-0106

388-450-0140

388-450-0155

388-450-0156

388-450-0157

388-450-0160

388-470-0060

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

immigrants.

Tom Berry

ESA-CSD

WSR

08-17-114

Filed

8/20/08

WAC

388-450-0040

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

ESA-CSD

WSR

08-15-130

Filed

7/22/08

WAC

388-452-0005

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

ESA-CSD

WSR

08-22-085

Filed

11/4/08

WSR

09-22-067

Hearing

12/8/09

WSR

10/01/165

Effective

1/22/10

WAC

388-454-0015

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

ESA-CSD

WSR

09-02-058

Filed

1/5/09

WSR

09-18-094

Hearing

10/6/09

WAC

388-478-0015

Need standards for cash assistance. Revising the basic need standards for cash assistance. Aurea Figueroa-Rogers

ESA-CSD

WSR

09-14-017

Filed

6/22/09

WSR

09-24-014

Hearing

1/5/10

WAC

388-478-0030

Payment standards for GA-U and ADATSA. Applying a ratable reduction on the general assistance cash grant payment standard. Melissa Mathson

ESA-CSD

WSR

09-19-124

Filed

9/22/09

CR-102 to be filed no later than 3/3/10.
Chapter

388-484 WAC

TANF/SFA assistance program rules. Tightening program requirements and prioritizing services for clients. Stacey Bushaw

ESA-CSD

WSR

10-01-161

Filed

12/22/09

ESA Division of Child Support (DCS)
Chapter

388-14A WAC

Division of child support rules. Changing the Washington state support schedule. Nancy Koptur

ESA-DCS

WSR

09-20-030

Filed

9/29/09

WSR

09-10-046

Filed

5/1/09

Chapter

388-14A WAC

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

ESA-DCS

WSR

08-08-113

Filed

4/2/08

WAC

388-14A-3900 to

388-14A-3925

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

ESA-DCS

WSR

03-22-054

Filed

10/31/03

Chapter

388-14A WAC

Division of child support rules. Implementing statutory changes contained in SSB 5166 (chapter 408, Laws of 2009) regarding the division of child support license suspension program. Nancy Koptur

ESA-DCS

WSR

09-23-110

Filed

11/18/09

WSR

09-14-073

Filed

6/29/09

WSR

09-23-068

Hearing

1/5/10

Chapter

388-14A WAC

Division of child support rules. Implementing statutory changes contained in E2SSB 5688 (chapter 521, Laws of 2009) regarding the rights and responsibilities of registered domestic partners. Nancy Koptur

ESA-DCS

WSR

09-14-074

Filed

6/29/09

Chapter

388-14A WAC

Division of child support rules. Implementing statutory changes contained in SHB 1845 (chapter 476, Laws of 2009) regarding medical support obligations in child support orders. Nancy Koptur

ESA-DCS

WSR

09-14-075

Filed

6/29/09

Health and Recovery Services Administration (HRSA)
HRSA - Chemical Dependency

(Division of Behavioral Health and Recovery - formerly Division of Alcohol and Substance Abuse)

Chapters

388-800

388-805

388-810 WAC

(No current rule-making activity.)
HRSA - Mental Health
WAC

388-865-0255

Consumer grievance process. Updating and clarifying policy and making the rules easier to read. Kevin Sullivan

HRSA-MH

WSR

09-05-061

Filed

2/12/09

WAC

388-865-0350

388-865-0420

388-865-0425

Mental health screening and intake evaluation. Clarifying policy and making the rules easier to read. Kevin Sullivan

HRSA-MH

WSR

09-05-060

Filed

2/12/09

HRSA - Medical Assistance (MA)
WAC

388-438-0110

Alien emergency medical program. Restricting alien medical services to a federal emergency services component and limiting state-only coverage to end-stage renal dialysis, cancer treatment, and nursing facility care. Kevin Sullivan

HRSA-MA

WSR

09-22-055

Filed

10/30/09

WSR

09-18-057

Filed

8/28/09

WAC

388-475-1000

388-475-1150

388-475-1200

388-475-1250

Healthcare for workers with disabilities (HWD). Complying with federal requirements regarding HWD. Kevin Sullivan

HRSA-MA

WSR

09-12-089

Filed

6/1/09

WAC

388-500-0005

Medical definitions. Updating medical definitions to make them consistent with how terms are used throughout department medical program rules. Kevin Sullivan

HRSA-MA

WSR

09-22-038

Filed

11/2/09

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

388-501-0165

Medical and dental coverage. Clarifying what is meant by "fifteen days" and "business days." Wendy Boedigheimer

HRSA-MA

WSR

09-05-059

Filed

2/12/09

WAC

388-502-0010

388-502-0030

Payment for providers. Updating and clarifying rules regarding providers of services. Wendy Boedigheimer

HRSA-MA

WSR

09-05-056

Filed

2/12/09

WAC

388-502-0160

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

HRSA-MA

WSR

08-01-021

Filed

12/7/07

WAC

388-505-0110

Medical assistance coverage for adults not covered under family medical programs. Complying with legislative changes regarding general assistance-unemployable. Kevin Sullivan

HRSA-MA

WSR

09-18-092

Filed

9/1/09

WAC

388-526-2610

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

HRSA-MA

WSR

08-10-064

Filed

5/5/08

Chapter

388-527 WAC

Estate recovery. Amending language to comply with changes to the Social Security Act and the Deficit Reduction Act. Wendy Boedigheimer

HRSA-MA

WSR

09-22-046

Filed

10/28/09

WAC

388-530-4100

388-530-4150

Washington preferred drug list (PDL) and therapeutic interchange program (TIP). Purchasing healthcare programs to maximum appropriate prescription drug use in a cost-effective manner. Wendy Boedigheimer

HRSA-MA

WSR

09-20-044

Filed

9/30/09

WSR

09-18-058

Filed

8/28/09

WSR

09-23-074

Hearing

12/22/09

WAC

388-531-2000

388-546-3000

388-550-5450

Trauma payments. Giving greater flexibility in making supplemental trauma payments to providers in order to leverage federal matching funds under the American Recovery and Reinvestment Act and maximize trauma care system reimbursement. Kevin Sullivan

HRSA-MA

WSR

09-24-027

Filed

11/23/09

WAC

388-533-0315

388-533-0320

388-533-0345

Maternity support services. Amending and possibly repealing sections due to shortfall in anticipated budget revenues. Kathy Sayre

HRSA-MA

WSR

09-22-033

Filed

10/27/09

WSR

09-04-069

Filed

2/2/09

WAC

388-533-0365

388-533-0370

388-533-0386

Infant case management. Amending sections to meet targeted budget expenditure levels. Kathy Sayre

HRSA-MA

WSR

09-22-034

Filed

10/27/09

WSR

09-04-069

Filed

2/2/09

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

388-534-0100

Early and periodic screening, diagnosis, and treatment (EPSDT). Updating and clarifying EPSDT policy for all healthcare services, including medical, dental, and behavioral health services. Kevin Sullivan

HRSA-MA

WSR

09-22-070

Filed

11/2/09

WAC

388-535-1084

388-535-1090

388-535-1100

388-535-1261

388-535-1266

388-535-1267

388-535-1269

388-535-1271

Dental-related services. Amending sections due to shortfall in anticipated budget revenues. Kathy Sayre

HRSA-MA

WSR

09-22-037

Filed

10/27/09

WSR

09-04-070

Filed

2/2/09

Chapter

388-540 WAC

Free standing kidney centers. Updating and clarifying policy. Kathy Sayre

HRSA-MA

WSR

10-01-166

Filed

12/22/09

Chapter

388-543 WAC

Durable medical equipment. Amending this chapter to improve clarity and update policy regarding durable medical equipment, and related supplies, prosthetics, orthotics, medical supplies and related services. Wendy Boedigheimer

HRSA-MA

WSR

09-12-043

Filed

5/27/09

WAC

388-543-2900

Medical supplies and nondurable medical equipment (MSE) - reimbursement methodology. Describing the payment methodology the department will use to meet the legislature's intent. Wendy Boedigheimer

HRSA-MA

WSR

09-22-031

Filed

10/27/09

WSR

09-14-041

Filed

6/24/09

WSR

09-20-063

Hearing

11/10/09

WSR

09-24-094

Effective

1/1/10

WAC

388-546-0001 through

388-546-4000

Emergency transportation services. Informing providers regarding Ambulance Program policies not currently addressed or sufficiently explained in chapter 388-546 WAC and billing instructions. Wendy Boedigheimer

HRSA-MA

WSR

09-10-015

Filed

4/24/09

WAC

388-546-5000

through

388-546-5400

Nonemergency transportation services. Updating, rearranging, and clarifying rules related to nonemergency transportation for clients to and from medically necessary covered medical services. Kevin Sullivan

HRSA-MA

WSR

09-04-073

Filed

2/2/09

WAC

388-546-5500

Modifications of privately owned vehicles. Due to shortfalls in anticipated budget revenues, the department is amending this section by moving modifications of privately owned vehicles to noncovered. Wendy Boedigheimer

HRSA-MA

WSR

09-22-036

Filed

10/27/09

WSR

09-09-100

Filed

4/20/09

WSR

10-01-164

Hearing

1/26/10

Chapter

388-548 WAC

Federally qualified health centers. Implementing the federal payment methodology for federally qualified health centers. The Federal Benefit Improvement and Protection Act of 2000 replaced cost-based reimbursement methodology with medicaid FQHC prospective payment system. Wendy Boedigheimer

HRSA-MA

WSR

09-22-029

Filed

10/27/09

WSR

08-14-125

Filed

7/1/08

WSR

10-01-162

Hearing

1/26/10

WAC

388-549-1100

388-549-1400

388-549-1500

Rural health clinics. Describing the reimbursement methodology the department will use for rural health clinics as authorized by federal law and the state plan. Wendy Boedigheimer

HRSA-MA

WSR

09-22-030

Filed

10/27/09

WSR

09-15-164

Filed

7/21/09

WSR

10-01-163

Hearing

1/26/10

Chapter

388-550 WAC

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

HRSA-MA

WSR

08-22-023

Filed

10/28/08

WAC

388-550-4670

388-550-4900

388-550-5150

388-550-5200

388-550-5210

388-550-5220

Hospital related rules. Amending hospital-related and provider-related rules due to shortfall in anticipated budget revenues. Kathy Sayre

HRSA-MA

WSR

09-22-032

Filed

10/27/09

WSR

09-04-072

Filed

2/2/09

WAC

388-550-7200

388-550-7300

Hospital services. Adding language regarding hospital requirements to bill according to the national correct coding initiative (NCCI) standards. Kathy Sayre

HRSA-MA

WSR

09-24-030

Chapter

388-551 WAC

Home health services. Delivery of home health care services through telemedicine. Wendy Boedigheimer

HRSA-MA

WSR

09-18-091

Filed

9/1/09

Chapter

388-552 WAC

Oxygen and respiratory therapy services. Improving clarity, updating policy regarding oxygen and respiratory therapy, and reorganizing the section to be consistent with other chapters. Wendy Boedigheimer

HRSA-MA

WSR

09-13-099

WAC

388-554-100

388-554-200

388-554-300

388-554-400

388-554-500

388-554-600

388-554-700

388-554-800

388-554-900

Enteral nutrition program. Amending rules due to shortfalls in anticipated budget revenues. Wendy Boedigheimer

HRSA-MA

WSR

09-22-035

Filed

10/27/09

WSR

09-06-080

Filed

3/3/09

WSR

09-18-093

Hearing

10/27/09

WAC

388-556-0600

Mental health services. Correcting an errant WAC cross reference. Kevin Sullivan

HRSA-MA

Exempt. WSR

09-23-075

Hearing

12/22/09

HRSA - Special Commitment Center (SCC)
Chapter

388-880 WAC

Civil commitment process of sexually violent predators. Updating to better reflect practices and changes in chapter 71.09 RCW. Mark Davis

SCC

WSR

09-11-102

Filed

5/19/09

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

388-710 WAC

Consolidated juvenile services program. Implement changes associated with the development of a new funding formula for the state funded juvenile court consolidated juvenile services programs as well as the development of a "block grant" funding mechanism. Jeff Patnode

JRA

WSR

09-15-163

Filed

7/21/09

Chapter

388-720 WAC

Collection of costs of support, treatment and confinement of juveniles under RCW 13.40.220. More accurately reflecting gross personal income levels used to calculate obligation to reimburse the department and current costs of institutional care for juveniles in legal custody of the department. Lee Mosley

JRA

WSR

09-01-073

Filed

12/15/08

WSR

09-19-128

Hearing

10/27/09

WSR

09-24-093

Effective

1/1/10

Chapter

388-745 WAC

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

JRA

Planned for future action.
Chapter

388-750 WAC

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

JRA

Planned for future action.
Executive Programs (Exec)
Exec - Division of Vocational Rehabilitation (DVR)
Chapters

388-891

388-892 WAC

(No current rule-making activity).
Exec - Management Services
Chapter

388-02 WAC

Hearing rules. Making rules consistent with case law, facilitating timely processing of administrative hearings, promoting consistency in administrative hearing decisions, and clarifying rules. Brian Lindgren

MS-Board of appeals

WSR

08-22-051

Filed

11/3/08

Chapter

388-03 WAC

Rules and regulations for the certification of DSHS spoken language interpreters and translators. Updating references to units of DSHS (such as language interpreter services and translations, or LIST) that have been reorganized and renamed to change timeframes for DSHS mailing of letters notifying applications [applicants] of their test dates, reviewing the chapter for other necessary changes. Don Goldsby

MSA-Language testing and certification

WSR

08-12-067

Filed

6/3/08

Chapter

388-06 WAC

Background checks. Amending the rules to implement Initiative 1029. Cindy LaRose

MSA-Background check central unit

WSR

09-08-051

Filed

3/25/09

Exec - Office of Deaf and Hard of Hearing Services
Chapter

388-818 WAC

Deaf and hard of hearing services. No current rule-making activity

Exec - Office of Risk Management (ORM)
Chapter

388-01 WAC

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

Privacy officer

Planned for future action.
Exec - Planning, Performance and Accountability (PPA)
Chapter

388-04 WAC

Protection of human research subjects. No current rule-making activity

Notes and Definitions

Explanation of selected terms used in these tables:

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

A "preproposal notice" is a CR-101 preproposal statement of inquiry filed under RCW 34.05.310. This is a preliminary notice to the public that DSHS is in the planning stages to adopt, amend or repeal rules on a particular subject, and notes the laws authorizing the agency's action. The notice also lets the public know how to participate in the development of the rule, and identifies the department's contact person.

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

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

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

(3) The laws authorizing the agency action;

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

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

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

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

An "expedited rule" is a CR-105 expedited rule-making notice, filed under RCW 34.05.353. DSHS may use this process to notify the public that it intends to adopt, amend or repeal very limited types of rules without accepting public comments or holding a public hearing. After a minimum waiting period, DSHS may adopt the rule as permanent, if no one has objected in writing. If someone does object, the department must file a CR-102 notice, hold a public hearing and accept written comments before adopting the permanent rule.

A "permanent rule" is a CR-103P rule-making order, filed under RCW 34.05.360 and 34.05.380. The CR-103P gives notice that the department is adopting final new, amended or repealed rules, completing the rule-making process. A CR-103P 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.

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

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

State "statutes" are laws adopted by the Washington state legislature and signed by the governor, or may be initiatives adopted by the state's voters, and are codified as the Revised Code of Washington (RCW), except that laws adopting annual state budgets are not codified. Recent state statutes may also be listed by their session law numbers, such as "chapter 140, Laws of 2008," or by a legislative bill number, such as "ESSB 6387." United States government statutes may be noted by their United States code number, public law number, act title, or congressional bill number.

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

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

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

Stephanie Vaughn

Rules Coordinator

Washington State Code Reviser's Office