WASHINGTON STATE REGISTER

WSR 10-17-005

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed August 5, 2010, 9:39 a.m. ]

牋牋 Following is the department of social and health services' semi-annual rule-making agenda for July 1 through December 31, 2010. This agenda will be published in the Washington State Register under RCW 34.05.314 and distributed to interested parties, and is available online at http://www1.dshs.wa.gov/msa/rpau/.

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 through December 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)
WAC Chapter or WAC Number	WAC Chapter or Section Caption	Subject Matter	Program Contact Person	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	DDD 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	Repealing the rules relating to the family support program which have been replaced by chapter 388-832 WAC.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	DDD 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 388-845 WAC	DDD 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
ADSA - Division of Behavioral Health and Recovery (DBHR) - Chemical Dependency
Chapter 388-805 WAC	Certification requirements for chemical dependency service providers (agencies).	The department is clarifying the use of tobacco products on the grounds of certified chemical dependency treatment programs and clarifying language of existing rule.	Deb Cummins ADSA-DBHR
Chapter 388-816 WAC	Certification requirements for problem and pathological gambling treatment programs.	The department is creating a new chapter for the certification standards of problem and pathological gambling treatment program to be consistent with current statues [statutes] and rules.	Deb Cummins ADSA-DBHR	WSR 10-13-041 Filed 6/9/10	WSR 10-08-079 Filed 4/6/10
WAC 388-865-XXXX	Certification requirements for credentialed community mental health agencies.		Pete Marburger ADSA-DBHR
Chapter 388-XXX	Certification requirements for integrated behavioral health services.	The department is developing a new chapter for certification standards of an integrated mental health and substance abuse treatment program.	Dennis Malmer ADSA-DBHR
ADSA - Division of Behavioral Health and Recovery (DBHR) - Mental Health
WAC 388-865-0255	Consumer grievance process.	Updating and clarifying policy and making the rules easier to read.	Kevin Sullivan ADSA-DBHR-MH		WSR 09-05-061 Filed 2/12/09
WAC 388-865-0536 and 388-865-0547	Evaluation and treatment (E&T) facility notice.	SSHB [2SHB] 3076 requires E&Ts to notify designated mental health professionals when a person who was involuntarily committed is discharged.	Kevin Sullivan ADSA-DBHR-MH		WSR 10-15-062 Filed 7/15/10
ADSA - Home and Community Services (HCS)
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	(WAC 388-71-0724) WSR 09-20-037 Filed 9/30/09	WSR 09-12-042 Filed 5/27/09
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 - Management Services Division, Office of Rates Management
Chapter 388-96 WAC	Nursing facility medicaid payment system.	Incorporate statutory changes and clarify regulations.	Patricia Hague ADSA-MSD Office of rates management	WSR 10-14-050 Filed 7/1/10	WSR 09-17-003 Filed 8/6/09 Published 9/2/09
Chapter 388-96 WAC	Nursing facility medicaid payment system.	Adopt new rules and amend existing rules in chapter 388-96 WAC to implement ESSB 6872 (chapter 34, Laws of 2010, 1st sp. sess.) and ESSB 6444 section 206, supplemental operating budget (chapter 37, Laws of 2010, 1st sp. sess.).	Patricia Hague ADSA-MSD Office of rates management	WSR 10-14-050 Filed 7/1/10	WSR 10-11-109 Published 6/2/10
Chapter 388-97 WAC	Nursing home rules.	To implement ESSB 6444 section 206, supplemental operating budget (chapter 37, Laws of 2010, 1st sp. sess.). Under chapter 37, Laws of 2010, the department must increase the yearly license fee for nursing homes from $275 per bed to $327 per bed effective July 1, 2010.	Patricia Hague ADSA-MSD Office of rates management	WSR 10-14-054	Published in WSR 10-09-109 on 5/5/10
Chapter 388-78A WAC	Boarding home rules.	To implement ESSB 6444 section 206, supplemental operating budget (chapter 37, Laws of 2010, 1st sp. sess.). Under chapter 37, Laws of 2010, the department must increase the yearly license fee for licensed boarding homes from $79 per bed to $106 per bed effective July 1, 2010.	Patricia Hague ADSA-MSD Office of rates management	WSR 10-14-053	Published on 5/5/10, in WSR 10-09-107
Chapter 388-105 WAC	Medicaid rates for contracted home and community residential care services.	ESSB 6444 (chapter 37, Laws of 2010, 1st sp. sess.) increased the license fee for licensed boarding homes providing assisted living (AL), adult residential care (ARC) and enhanced adult residential care (EARC) services. These rules increase medicaid payment rates to cover the increased license fees and training needs.	Patricia Hague ADSA-MSD Office of rates management	WSR 10-14-057	Published on 6/16/10, in WSR 10-12-109
ADSA - Residential Care Services (RCS)
Chapter 388-78A WAC	Boarding home rules.	The department is amending these rules and adding new sections to implement chapters 74.39A and 18.88 RCW as codified from Initiative Measure No. 1029 and E2SHB 2284, chapter 361, Laws of 2007.	Judy Johnson		WSR 10-04-114 Filed 2/3/10	WSR 10-10-119 Filed 5/5/10 Hearing 6/22/10
Chapter 388-101 WAC	Certified community residential services and supports.	The department is amending these rules and adding new sections to implement chapters 74.39A and 18.88 RCW as codified from Initiative Measure No. 1029 and E2SHB 2284, chapter 361, Laws of 2007.	John Gaskell		WSR 10-04-112 Filed 2/3/10	WSR 10-10-079 Filed 5/5/10 Hearing 6/22/10
Chapter 388-76 WAC	Adult family home minimum licensing requirements.	The department is amending these rules and adding new sections to implement chapters 74.39A and 18.88 RCW as codified from Initiative Measure No. 1029 and E2SHB 2284, chapter 361, Laws of 2007.	Mike Tornquist		WSR 10-04-113 Filed 2/3/10	WSR 10-10-120 Filed 5/5/10 Hearing 6/22/10
Chapter 388-76 WAC	Adult family home minimum licensing requirements.	The department is considering amending these rules and adding new sections to give more notice to residents and their families when there is a change of ownership in the adult family home and to clarify that inspection and complaint investigation reports must be posted for residents and family to view.	Mike Tornquist		WSR 10-06-016 Filed 2/22/10	WSR 10-10-077 Filed 5/3/10 Hearing 6/8/10
Children's Administration
WAC 388-15-013	Who may receive child protective services?	Matching requirements as to in loco parentis in RCW 74.13.031 and children's administration policy.	Tina Stern Children's administration		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 Children's administration		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 Children's administration		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 children's administration, supporting access to appropriate services for families with adolescents across programs.	Tim Kelly Children's administration		WSR 08-05-043 Filed 2/13/08
Chapter 388-61A WAC	Shelters for victims of domestic violence.	Updating and deleting outdated sections, and developing new sections specifically covering nonresidential services provided by emergency shelter contractors.	Susan Hannibal Children's administration		WSR 08-06-086 Filed 3/5/08
Economic Services Administration (ESA)
ESA - Community Services Division (CSD)
WAC 388-450-0005 388-450-0100 388-450-0106 388-450-0155 388-450-0157 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 10-13-132 Filed 6/22/10	WSR 08-15-130 Filed 7/22/08	WSR 10-11-041 Filed 5/11/10
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
WAC 388-310-0800	If my family has an emergency, can I get help from DSHS to get or keep housing or utilities? Other possible related rules.	Modify rules to tighten program requirements and reduce program costs due to a budget shortfall.	Olga Walker ESA-CSD		WSR 10-16-146 Filed 8/4/10
Chapter 388-310 WAC	Participation requirements.	Tighten program requirements and reduce program costs due to a budget shortfall.	Kerry Judge ESA-CSD		WSR 10-16-147 Filed 8/4/10
WAC 388-310-1800	WorkFirst post-employment services and possible other related rules.	Modify rules to tighten program requirements and reduce program costs due to a budget shortfall.	Kerry Judge ESA-CSD		WSR 10-16-144 Filed 8/4/10
WAC 388-310-0800	WorkFirst support services.	Modify to tighten program requirements and reduce program costs due to a budget shortfall.			WSR 10-16-145 Filed 8/4/10
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 4th Emergency WSR 10-14-065	WSR 09-10-046 Filed 5/1/09
Medicaid Purchasing Administration (MPA)
MPA - Medical Assistance (MA)
WAC 388-416-0015 388-450-0215 388-505-0215 388-505-0210 388-505-0211 388-542-0020	Apple health for kids.	Newborn eligibility change and elimination of three-month sanction for premium nonpayment per CHIPRA.	Kevin Sullivan MPA	WSR 10-04-056 Filed 1/29/10 WSR 10-08-027 Filed 3/31/10	WSR 10-03-027 Filed 1/12/10
WAC 388-424-0009	Citizenship/alien status.	CHIPRA expands coverage for pregnancy medical and children's medical to include certain PRUCOL aliens.	Kathy Sayre MPA	WSR 10-09-106 Filed 4/21/10	WSR 10-08-080 Filed 4/6/10	WSR 10-11-110 Filed 5/18/10
WAC 388-438-0110 388-438-0115 388-438-0120 388-438-0125	Alien medical programs.	ESHB 1244 restricts alien medical coverage to ESRD dialysis, cancer treatment, and nursing facility care.	Kevin Sullivan MPA	WSR 09-22-055 10-06-060 10-13-131 Filed 6/22/10	WSR 09-18-057 Filed 8/28/09	WSR 10-08-085 Filed 4/6/10
WAC 388-450-0040 388-450-0080 388-455-0005 388-455-0015 388-470-0045 388-475-035	Medicaid and CHIP eligibility for Native Americans (NA).	ARRA exempts certain property and excludes certain payments when determining eligibility for NA.	Wendy Boedigheimer MPA	WSR 10-06-059 10-13-132 Filed 6/22/10	WSR 10-07-060 Filed 3/15/10
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 MPA		WSR 09-12-089 Filed 6/1/09
Chapter 388-500 WAC	Medical definitions.	Updating medical definitions.	Kevin Sullivan		WSR 09-22-068 Filed 11/2/09
Chapters 388-501 through 388-556 WAC	Housekeeping rule-making action.	Correcting outdated terminology and agency names.	Wendy Boedigheimer MPA			WSR 10-13-163 Filed 6/23/10
WAC 388-501-0060 and 388-501-0065	Healthcare coverage -- Scope of categories of service.	Updating and clarifying policy.	Kevin Sullivan MPA		WSR 07-12-062
WAC 388-502-0010 388-502-0030	Payment for providers.	Updating and clarifying rules regarding providers of services.	Wendy Boedigheimer MPA		WSR 09-05-056 Filed 2/12/09
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 MPA		WSR 09-18-092 Filed 9/1/09
WAC 388-530-7225 and 388-531-1625	Antihemophilia products.	Allowing for reimbursement of antihemophilia products.	Wendy Boedigheimer MPA		WSR 10-15-039 Filed 7/13/10
WAC 388-530-8000	Estimated acquisition cost (EAC).	Correcting a wording error.	Wendy Boedigheimer MPA		WSR 10-15-037 Filed 7/13/10
Chapter 388-531 WAC	Physician-related services.	Adding coverage for hysteroscopic sterilizations.	Wendy Boedigheimer MPA		WSR 10-13-128 Filed 6/22/10
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 MPA		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 MPA	WSR 09-22-037 Filed 10/27/09	WSR 09-04-070 Filed 2/2/09
WAC 388-535-1245 and chapter 388-535A WAC	Orthodontic services.	Budget reductions.	Kathy Sayre MPA		WSR 09-04-070 Filed 2/2/09
Chapter 388-540 WAC	Free standing kidney centers.	Updating and clarifying policy.	Kathy Sayre MPA		WSR 10-01-166 Filed 12/22/09
Chapter 388-541 WAC	Apple health for kids -- Premium program.	Codifying requirements from 2SSB 5093 and ESHB 2118.	Kevin Sullivan MPA		WSR 10-04-116 Filed 2/3/10
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 MPA		WSR 09-12-043 Filed 5/27/09
WAC 388-543-1150 388-543-1300 388-543-1600 388-543-2800 388-545-300 388-545-500	Durable and nondurable medical equipment.	Eliminating coverage of electrical neural stimulation devices and supplies.	Wendy Boedigheimer MPA	WSR 10-04-055 10-12-069 Filed 5/28/10	WSR 10-03-109 Filed 1/20/10
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 MPA		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.	Wendy Boedigheimer MPA		WSR 09-04-073 Filed 2/2/09
WAC 388-550-5000 388-550-5200 388-550-5210 388-550-5220	Disproportionate share hospital (DSH) programs.	Elimination of small rural, small rural indigent and nonrural indigent DSH programs.	Kathy Sayre MPA	WSR 09-14-088 09-22-032 10-11-032 Filed 5/11/10	WSR 08-22-023 Filed 10/28/08	WSR 10-13-148 Filed 6/23/10
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 MPA		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 MPA	WSR 09-22-035 Filed 10/27/09	WSR 09-06-080 Filed 3/3/09	WSR 09-18-093 Hearing 10/27/09
Juvenile Rehabilitation Administration (JRA)
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
Executive Programs (Exec)
Exec - Division of Vocational Rehabilitation (DVR)
No rule-making activity at this time.
Exec - Special Commitment Center (SCC)
WAC 388-885-005 388-885-010 388-885-013 388-885-015 388-885-025 388-885-030 388-885-035 388-885-016 (proposed)	Civil commitment cost reimbursement.	These existing rules require updating to better reflect current practices as they relate to the reimbursement of local agencies for their costs associated with the civil commitment process of sexually violent predators, and to implement cost saving measures directed in ESB 6870 (containing costs for services to sexually violent predators) and ESSB 6444 (2009-11 revised omnibus operating budget (2010 supp)).	Mark Davis Performance and accountability officer		WSR 10-07-059 Filed 3/15/10
Exec - Office of Administrative Resources (OAR)
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 time frames for DSHS mailing of letters notifying applications of their test dates, reviewing the chapter for other necessary changes.	Don Goldsby Language testing and certification		WSR 08-12-067 Filed 6/3/08
Exec - Office of Deaf and Hard of Hearing Services
No rule-making activity at this time.
Exec - Office of Risk Management (ORM)
No rule-making activity at this time.
Exec - Planning, Performance and Accountability (PPA)
No rule-making activity at this time.

Notes

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, phone (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, 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, (360) 664-6094, or by e-mail at johnsjl4@dshs.wa.gov.

Katherine Vasquez

Rules Coordinator

� Washington State Code Reviser's Office