WASHINGTON STATE REGISTER

WSR 11-06-026

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed February 24, 2011, 1:15 p.m. ]

牋牋 Following is the updated department of social and health services' (DSHS) semi-annual rule-making agenda for January 1 through June 30, 2011. 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/.

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

January through July 2011

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 388-826 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 388-823 WAC	Intake and determination of developmental disabilities.	Amendments to this chapter will limit eligibility for individuals with autism to those whose disability is similar to mental retardation and intellectual disability. Reducing the number of eligible clients would allow us to manage budget shortfalls. Proposed amendments would also change the IQ requirements to receive services from DDD and reduce the number of clients, furthermore reducing budget shortfalls.	Meredith Kelly
		By combining the categories of "another neurological" and "other conditions" into one category will make our WAC consistent with RCW language which is required by state law. This will also reduce the number of administrative hearings saving AAG time. Other proposed changes would streamline eligibility reviews, thereby reducing case resource manager workload.
WAC 388-832-0025	Individual and family support program.	By updating this chapter, clients that are on the individual and family services program and receive funding through the sate [state] supplementary program (SSP) will no longer be eligible to receive state funded emergency or one time awards. This amendment is necessary to match the SSP WAC that we are filing in emergency status.	Meredith Kelly
WAC 388-827-0115	SSP program.	This amendment will expand the number of clients eligible for SSP. By amending this rule, state money will be preserved that is currently used to fund services through the individual and family services program. SSP is a federally mandated program which requires DDD to spend monies to meet a maintenance of effort in order to continue to receive SSP.	Meredith Kelly	WSR 11-05-043 Effective 2/9/11
		Currently the division has a surplus in SSP dollars and by converting clients from the individual and family services program, more clients can be served with SSP dollars who previously received services from the individual and family services program.
Chapter 388-828 WAC	DDD assessment.	The department is proposing amendments to include algorithm governing determination of an employment support level for clients approved to receive employment services from DDD.	Mark Eliason		WSR 10-21-094 Filed 10/20/10
Chapter 388-825 WAC	DDD service rules.	Housekeeping changes.	Meredith Kelly		WSR 10-10-075
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
WAC 388-865-XXXX	Certification requirements for credentialed community mental health agencies.	Rewrite of the department's mental health rules to benefit RSNs, CMHAs and clients.	Pete Marburger ADSA-DBHR
Chapter 388-877 WAC (new)	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	WSR 10-22-122 Hearing 12/7/10
WAC 388-865-0536 and 388-865-0547	Evaluation and treatment 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
Chapter 388-865 WAC	Community mental health and involuntary treatment programs.	Incorporate fee increases for certified and licensed chemical dependency and community mental health centers.	Dennis Malmer
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.	Angel Sulivan ADSA-HCS		WSR 10-19-083 Filed 9/17/10
Chapters 388-71, 388-106 WAC	Adult day health.	Changing rules based on state budget and federal requirements regarding adult day health.	Angel Sulivan ADSA-HCS	(WAC 388-71-0724) WSR 09-20-037 Filed 9/30/09 WSR 10-02-044 Filed 12/30/09 WSR 11-03-038 Filed 1/12/11	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.	Angel Sulivan 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.	Angel Sulivan ADSA-HCS		WSR 09-24-028 Filed 11/23/09	WSR 10-17-075 Hearing 9/22/10
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 11-02-031 Effective 1/1/11	WSR 09-22-045 Filed 10/28/09
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 10-22-068 Effective 10/29/10	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	WSR 10-20-171 Hearing 12/7/10
Chapter 388-96 WAC		Nursing home rate changes or provider fees.
Chapter 388-97 WAC		Nursing home license fees.
WAC 388-105-0005		Boarding home and adult family home rate changes.
WAC 388-105-0035		Capital add-on for assisted living.
Chapter 388-78A WAC		Boarding home license fees.
Chapter 388-76 WAC		Adult family home license fees.
Chapter 388-101 WAC		Supported living certification fees or provider fees.
ADSA - Residential Care Services (RCS)
Chapter 388-111 WAC	Establishing a separate chapter for residential habilitation centers.	Would not be new requirements for the RHCs.	John Gaskell		WSR 10-19-103 Filed 9/20/11	WSR 11-02-073 Filed 1/5/11 Public Hearing 2/8/11
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
New WAC	Services to underserved victims of domestic violence.	Establish minimum standards for nonshelter, community based services to victims of domestic violence.	Maureen Kelly
Chapter 388-60 WAC	Domestic violence perpetrator treatment certification.	Add clarifying language and information regarding right to an administrative hearing.
WAC 388-25-0027	Foster care rate assessments.	Allowing foster care payments to continue when a child is on the run or out of the home for up to fifteen days when the foster is willing to have the child returned to their care.
WAC 388-27-0275	Adoption reviews.	Removes requirement for five-year review that is no longer required in statute.	Pam Kramer
WAC 388-15-037	Voluntary placement agreement.	Amend to remove authority to accept voluntary placement agreements.
Chapter 388-XX WAC		Federal Fostering Connections to Success Act - may require current WACs to be amended.	Pam Kramer
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 388-436-0002	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
WAC 388-450-0200	Will the medical expenses of elderly persons or individuals with disabilities in my assistance unit be used as an income deduction for Basic Food?	Implement a standardized medical expense deduction for households including an elderly or disabled person who has out of pocket medical costs. Is contingent of approval of a demonstration project waiver and system support.	Holly St. John ESA-CSD		WSR 10-23-118
WAC 388-450-0215	How does the department estimate my assistance unit's income to determine my eligibility and benefits?	Update rules on income budgeting -specifically converting income in the month of application based on FNS.	Kim Chea ESA-CSD		WSR 10-05-085 Filed 2/15/10
Chapter 388-444 WAC	TANF/WorkFirst.	Temporary assistance for needy families (TANF)/WorkFirst budget reductions -apply TANF/state family assistance (SFA) five year limit.
WAC 388-436-0002	Additional requirements--Emergent need (AREN).	Adjust eligibility for AREN.
WAC 388-478-0055	State supplemental payment (SSP).	Adjust the SSP issuance amount, required as part of the six percent reduction.	Olga Walker ESA-CSD		WSR 10-18-105 Filed 9/1/10
WAC 388-450-0080 and 388-450-0085	Self-employment business.	Align sections, related rules and generally accepted practices for determining allowable costs of a self-employment business.	Kay Christenson ESA-CSD		WSR 10-20-161 Filed 10/6/10
WAC 388-418-0011	What is a mid-certification review (MCR), and do I have to complete one in order to keep receiving benefits?	Mid-certification review process.	Bob Thibodeau ESA-CSD		WSR 10-23-117 Filed 11/17/10
WAC 388-406-0015 388-472-0005		The department is proposing to amend the expedited processing requirement from five calendar days to seven calendar days to be consistent with federal regulations for the supplemental nutrition assistance program (SNAP) under 7 C.F.R. 273.2(i).	Kim Chea ESA-CSD		WSR 10-24-115 Filed 12/1/10	WSR 11-03-077 Filed 1/18/11
WAC 388-464-0001	Requirement to cooperate with quality assurance.	Increase sanction period for those that refuse to cooperate and reapply as required by federal regulation.	Bob Thibodeau ESA-CSD		WSR 10-24-116 Filed 12/1/10
WAC 388-436-0050 388-478-0020 388-478-0035	TANF and TANF-related grant reductions.	Reduce payment standards and maximum earned income limits by fifteen percent.	Aurea Figueroa-Rogers ESA-CSD	WSR 11-03-018 Filed 1/7/11	WSR 11-02-068 Filed 1/5/11
Chapter 388-492 WAC	WASHCAP	Washington combined application project renewal.	Bob Thibodeau ESA-CSD		WSR 11-02-069 Filed 1/5/11
WAC 388-410-0035	Alien and alien sponsor cash and food assistance overpayments.	Amend its rules to comply with federal SNAP recipient claim establishment and collection regulations and implement the changes to WAC as required.	Bob Thibodeau ESA-CSD		WSR 11-02-070 Filed 1/5/11
WAC 388-400-0025	Who is eligible for disability lifeline?		Shane Riddle ESA-CSD	WSR 11-05-027 Filed 2/7/11	WSR 11-03-078 Filed 1/18/11
WAC 388-432-0005	Can I get help from DSHS for a family emergency without receiving monthly cash assistance?	Reduce the availability of DCA from $1250.00 in twelve month period to $1000.00.	Kerry Judge ESA-CSD	WSR 11-02-034 Filed 12/29/10
WAC 388-408-0020 388-408-0025 388-436-0002 388-436-0020 388-436-0040 388-450-0025 388-470-0045		Include federal supplemental security income (SSI) recipients as part of the TANF or SFA assistance unit and count their SSI income when determining the family's eligibility for cash assistance.	Leslie Kozak ESA-CSD	WSR 11-04-062 Filed 1/27/11	WSR 11-05-084 Filed 2/15/11
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
Chapter 388-XX WAC	Division of child support place holder.	Edits may be required to implement rules related to medical support obligations if federal regulations are issued.
Medicaid Purchasing Administration (MPA)
MPA - Medical Assistance (MA)
WAC 388-406-0010	Application for benefits.	Amending rule to require only one signature on applications for medical assistance.	Kevin Sullivan		WSR 10-22-120 Filed 11/3/10
WAC 388-424-0001 388-424-0006 388-424-0009 388-424-0010 and 388-450-0156	Citizenship and alien status.	Bring rules into compliance with CMS guidelines.	Kevin Sullivan		WSR 11-03-080 Filed 1/18/11
WAC 388-475-0820 388-475-0840 388-475-0900 388-475-0920 388-475-0940 and 388-475-0960	SSI-related medical.	Income exclusions, deeming, and allocation.	Kevin Sullivan		WSR 10-23-122 Filed 11/17/10
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
WAC 388-478-0065 and 388-505-0220	Income and resource standards for family medical programs.	Moving income standards from WAC 388-478-0020 effective 2/1/11.	Kevin Sullivan	WSR 11-03-079 11-05-083 Filed 1/18/11 and 2/15/11	WSR 11-04-073 Filed 1/31/11
Chapter 388-500 WAC	Medical definitions.	Updating medical definitions.	Kevin Sullivan		WSR 09-22-068 Filed 11/2/09
WAC 388-501-0050 388-501-0060 388-501-0065 388-501-0070 and 388-502-0160	Healthcare coverage -- Scope of categories of service, billing a client.	Updating and clarifying policy.	Kevin Sullivan MPA	WSR 11-02-026 Filed 12/29/10 Effective 1/1/11	WSR 07-12-062 (repealed) WSR 10-22-121 Filed 11/3/10
WAC 388-501-0180 388-501-0182 and 388-501-0184	Out-of-state medical care.	Implementing federal law changes to requirements for paying providers for out-of-state care.	Jason Crabbe		WSR 11-05-082 Filed 2/15/11
Chapter 388-502 WAC	Electronic health records (EHR).	Implementing new federal EHR incentive program.	Jason Crabbe		WSR 11-03-076 Filed 1/18/11
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
Chapter 388-505 WAC	Family medical programs.	Reducing eligibility for apple health for kids.	Kevin Sullivan		WSR 10-20-165 Filed 10/6/10
WAC 388-505-0110	Medical assistance coverage for adults not covered under family medical programs.	Elimination of disability lifeline medical coverage effective 3/1/11.	Kevin Sullivan		WSR 10-20-165 Filed 10/6/10
WAC 388-517-0500	Medicare savings programs.	Elimination of Medicare Part D prescription drug copayments for full-benefit dual-eligible clients.	Kevin Sullivan	WSR 11-02-029 Filed 12/29/10	WSR 10-20-160 Filed 10/6/10
WAC 388-530-7225 and 388-531-1625	Anti-hemophilia products.	Allowing for reimbursement of anti-hemophilia products.	Wendy Boedigheimer MPA		WSR 10-15-039 Filed 7/13/10
WAC 388-531-0100 388-531-0150 388-531-0200 388-531-0250 388-531-0375 388-531-0400 388-531-1000 388-531-1025 and 388-531-1300	Physician-related services.	Services reductions to meet governor-mandated 6.3% budget savings.	Wendy Boedigheimer	WSR 11-02-027 Filed 12/29/10	WSR 10-20-160 Filed 10/6/10
Chapter 388-533 WAC	First steps -- Maternity support services -- Infant case management--Child birth education	Elimination or partial elimination of first steps/MSS/ICM/CBE services to pregnant women.	Kevin Sullivan		WSR 10-20-165 Filed 10/6/10
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 09-14-093 09-22-037 10-06-030 10-13-123 10-22-053 11-02-030 Filed 12/29/10	WSR 09-04-070 Filed 2/2/09
Chapter 388-537 WAC	School-based medical services.	Elimination of school-based medical services program.	Kevin Sullivan	WSR 11-02-028 Filed 12/29/10	WSR 10-20-160 Filed 10/6/10
Chapter 388-540 WAC	Free standing kidney centers.	Updating and clarifying policy.	Wendy Boedigheimer MPA		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, related supplies, prosthetics, orthotics, medical supplies and related services.	Wendy Boedigheimer MPA		WSR 09-12-043 Filed 5/27/09
Chapter 388-544 WAC	Vision care services.	Elimination of eyeglass frames, lenses, and contact lenses for adult clients.	Wendy Boedigheimer	WSR 11-02-024 Filed 12/29/10	WSR 10-20-160 Filed 10/6/10
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
Chapter 388-547 WAC	Hearing aids and services.	Elimination of hearing devices for adult clients. Including hearing aids, bone-anchored hearing aids, cochlear implants, and parts, batteries, and repairs.	Wendy Boedigheimer	WSR 11-02-025 Filed 12/29/10	WSR 10-20-160 Filed 10/6/10
Chapters 388-548 and 388-549 WAC	Federally qualified health centers (FQHC) and rural health centers (RHC).	Reduction in cost-based encounter payments to FQHCs and RHCs via reinstating prospective payment system (PPS) and eliminating alternative payment methodology (APM).	Wendy Boedigheimer	WSR 11-05-071 Filed 2/14/11
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 Filed 6/17/10
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			Mike Cunningham
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 timeframes for DSHS mailing of letters notifying applications [applicants] of their test dates, reviewing the chapter for other necessary changes.	Don Barnes Language testing and certification		WSR 08-12-067 Filed 6/3/08
Exec - Office of Deaf and Hard of Hearing Services
New WAC chapter - to be determined.	To be determined.	Standards for sign language interpreters in court.	Emily Hill, ODHH		Filed 9/22/10
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, at 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.

Katherine Vasquez

Rules Coordinator

� Washington State Code Reviser's Office