WSR 16-16-004
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed July 20, 2016, 3:34 p.m.]
Following is the department of social and health services (DSHS) semi-annual rule-making agenda for July 1 through December 31, 2106 [2016]. This agenda will be published in the Washington State Register as required in RCW 34.05.314 and distributed to interested parties. It is also available online at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/dshs-semi-annual-rule-making-agenda.
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 Rules Agenda
July 1 - December 31, 2016
Administration
/Division
WAC
Sections
Purpose for Rule Making
CR-101
Filings
CR-102
Filings
CR-105
Filings
CR-103E
Filings
Aging and Long-Term Support Administration
Home and Community Services Division
 
Chapter 388-106 WAC
Add retainer payments to the residential support waiver, add two new waiver services, adult day health and expanded community services, other related rules as may be required.
WSR 16-04-070
Filed 1/29/2016
 
 
 
 
Chapter 388-106 WAC
The department is proposing to amend "long-term care services," other related rules as may be required related to private duty nursing.
WSR 16-07-072
Filed 3/17/2016
 
 
 
 
Chapters 388-71, 388-106, and 388-114 WAC
Amending "home and community services and programs," "long-term care services," creating a new chapter "travel time and work week limitations for individual providers," and other related rules as may be required.
WSR 16-08-058
Filed
4/4/2016
 
 
WSR 16-11-050
Filed 5/13/2016
WSR 16-10-016
Filed 4/22/2016
 
Chapter 388-112 WAC
Training and/or certification requirements for long-term care workers in adult family homes, assisted living facilities, and enhanced service facilities, other related rules as may be required.
WSR 16-11-017
Filed
5/6/2016
 
 
 
 
Chapters 388-113 and 388-71 WAC
The department is considering adding new sections, repealing, and amending sections.
WSR 16-13-153
Filed 6/22/2016
 
 
 
Management Services Division
 
Chapter 388-96 WAC
The department plans to amend or create new sections as may be required to adopt rules regarding ventilator/tracheostomy clients in nursing facilities.
WSR 15-22-100
Filed 11/4/2015
 
 
 
Residential Care Services Division
 
Chapter 388-101 WAC
Amending chapter 388-101 WAC to be in compliance with recently passed legislation, SSB 5600 and HB 1307. The rules are also needed to address training and fingerprint requirements from past legislation that will take effect on January 1, 2016.
WSR 15-12-084
Filed
6/1/2015
WSR 16-13-007
Filed
6/2/2016
WSR 15-20-113
Filed 10/6/2015
 
 
 
WAC 388-97-0001, 388-97-1080, 388-97-1090
Amending nursing homes, definitions, nursing services, staff and equipment, amount of civil fine, civil penalty fund, and other related rules as may be required. The department may also develop new rule sections related to staffing ratio requirements.
WSR 15-15-125
Filed 7/16/2015
WSR 16-10-060
Filed
5/2/2016
 
WSR 16-10-026
Filed 4/26/2016
WSR 16-02-043
Filed 12/30/2015
 
Chapter 388-76 WAC
The department is amending chapter 388-76 WAC to assure compliance with SB [SSB] 5600 and to benefit adult family home businesses.
WSR 16-10-066
Filed
5/2/2016
WSR 16-14-037
Filed 6/28/2016
 
 
 
Chapter 388-78A WAC
Add new sections, repeal and amend sections in "assisted living facility licensing rules" to consolidate the negative actions and character, competence, and suitability rules related to background checks for home and community services, residential care services, and developmental disabilities administration.
WSR 16-11-076
Filed 5/16/2016
 
 
 
 
Chapter 388-101 WAC
Add new sections, repeal and amend sections in "certified community residential services and supports" to consolidate the negative actions and character, competence, and suitability rules related to background checks for home and community services, residential services, and developmental disabilities administration.
WSR 16-11-088
Filed 5/17/2016
 
 
 
 
Chapter 388-107 WAC
Add new sections, repeal and amend sections in "licensing requirements for enhanced services facilities" to consolidate the negative actions and character, competence, and suitability rules related to background checks for home and community services, residential care services, and developmental disabilities administration.
WSR 16-11-089
Filed 5/17/2016
 
 
 
Office of Deaf and Hard of Hearing
No rule making at this time
 
 
 
 
 
 
Behavioral Health Administration
 
WAC 388-865-0260
The department proposes to repeal WAC 388-865-0260 Mental health professionals and specialists.
 
 
WSR 16-13-154
Filed 6/22/2016
 
Developmental Disabilities Administration
 
WAC 388-828-1500 and 388-828-1520
Amending "When does DDD conduct a reassessment?", "Where is the DDD assessment and reassessment administered?" to more closely align with the 42 C.F.R. 441.540 (a)(3) requirement that allows the individual to select a time and location of their convenience for assessments.
WSR 15-12-060
Filed 5/28/2015
WSR 16-09-035
Filed 4/14/2016
 
WSR 16-12-006
Filed 5/19/2016
WSR 16-04-023
Filed 1/22/2016
WSR 15-22-027
Filed 10/29/2015
 
WAC 388-825-315, 388-825-370 through 388-825-395
The department is considering amendments to change the allocation of personal care hours from a monthly basis to a weekly basis, and other related rules as may be required.
WSR 15-19-160
Filed 9/23/2015
 
 
 
 
Chapter 388-829R WAC, WAC 388-845-1610, 388-845-1615
The 2015-2017 biennium budgets provided funding to develop eight community respite beds for adults with developmental disabilities for the provision of short-term community-based planned respite services across the state.
WSR 15-20-015
Filed 9/24/2015
WSR 16-10-021
Filed 4/25/2016
 
WSR 16-12-061
Filed 5/26/2016
WSR 16-04-073
Filed 1/29/2016
 
Chapter 388-829C WAC
The department is updating "companion homes" and other related rules as may be required.
WSR 16-07-057
Filed 3/15/2016
 
 
 
 
Chapter 388-827 WAC
Updates to "state supplementary payment program." The updates and changes will improve the management of the program while also making the program and eligibility requirements more easily understood.
WSR 16-07-147
Filed 3/23/2016
 
 
 
 
Chapter 388-825 WAC
Proposing to amend sections within "developmental disabilities administration service rules" and other related rules as may be required.
WSR 16-13-156
Filed 6/22/2016
 
 
 
Children's Administration
 
Chapters 388-145, 388-147, and 388-148 WAC
Proposing to amend to provide foster parents, DSHS staff, private agency and group care staff additional clarification on the minimum licensing requirements
WSR 16-06-112
Filed
3/2/2016
WSR 16-10-020
Filed 4/25/2016
 
 
Economic Services Administration
Community Services Division
 
WAC 388-478-0015
Proposing to amend to revise the basic need standards for cash assistance. The department is required by RCW 74.04.770 to establish standards of need for cash assistance programs on an annual basis.
WSR 16-13-052
Filed
6/9/2016
 
 
 
 
WAC 388-400-0047
Proposing to amend "Am I eligible for the heat and eat program?" and other related rules as may be required to provide a small energy assistance payment to certain basic food households who are not eligible for a standard utility allowance income deduction.
WSR 16-13-060
Filed 6/13/2016
 
 
 
 
WAC 388-444-0035
Proposing to amend "Who is exempt from the ABAWD time limits and minimum work requirements?" and other related rules as may be required to strike provisions pertaining to food assistance program for legal immigrants that are inconsistent with state law for the supplemental nutrition assistance program.
WSR 16-14-051
Filed 6/29/2016
 
 
 
Division of Child Support
No rule making at this time
 
 
 
 
 
 
Rehabilitation Administration
Division of Vocational Rehabilitation
No rule making at this time
 
 
 
 
 
 
Executive
 
 
 
 
 
 
Services and Enterprise Support Administration
No rule making at this time
 
 
 
 
 
 
Financial Services Administration
Operations Support and Services Division
No rule making at this time
 
 
 
 
 
 
Katherine Iyall Vasquez
Rules Coordinator