WSR 18-04-057
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed February 1, 2018, 11:17 a.m.]
Following is the department of social and health services semi-annual rule-making agenda for January 1 through June 30, 2018. 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 Rule-Making Agenda
January 1 – June 30, 2018
Administration/Division
WAC
Sections
Purpose for Rule Making
CR-101
Filings
CR-102 or
CR 105
Filings
CR-103E
Filings
Aging and Long-Term Support Administration
Home and Community Services Division
 
Chapter
388-106
WAC
The department is proposing to create new sections in "long-term care services" for a new benefit package for medicaid alternative care and tailored supports for older adults.
WSR 16-16-011
Filed 7/21/2016
WSR 17-24-128
Filed 12/6/2017
WSR 17-11-015
Filed 5/9/2017
WSR 18-02-050
Filed 12/28/2017
WSR 17-18-044
Filed 8/30/2017
 
Chapter
388-79A
WAC
The department is proposing to create new rules in a new "guardian fees and related administrative costs" and amend, create, or repeal other related rules as may be required.
WSR 17-10-052
Filed 5/1/2017
WSR 17-24-129
Filed 12/6/2017
 
 
WAC
388-106-1000 through
388-106-1055
The department is proposing to amend to clarify the definition for nurse services intervention, specifically private duty nursing, in order to define the scope of services to be authorized and the necessity for documentation to support the required services.
WSR 17-11-094
Filed 5/19/2017
 
 
 
WAC
388-113-0020
The department is proposing to amend the list of disqualifying crimes due to legislative action in the 2017 session, and is also proposing to remove the example for time limited convictions in WAC 388-113-0020(2). The department may also amend, repeal, or create other related rules as may be required.
WSR 17-16-157
Filed 8/1/2017
WSR 17-22-090
Filed 10/30/2017
 
 
Chapters
388-71
388-113
WAC
The department is considering adding new sections, repealing sections, and amending existing sections within these chapters to clarify and consolidate rules related to background checks, disqualifying convictions and negative actions, and character, competence, and suitability (CC&S) determinations for home and community services (HCS), residential care services (RCS), and the developmental disabilities administration (DDA).
WSR 17-17-072
Filed 8/15/2017
 
 
 
Chapter
388-71
WAC
The department is considering adding a new section related to overpayment for individual providers, and creating, repealing, or amending other related rules as may be required.
WSR 17-17-074
Filed 8/15/2017
 
 
 
WAC
388-106-1720
The department is proposing to amend "Am I eligible for supportive housing funded services?" for housekeeping purposes only.
 
WSR 17-19-087
Filed 9/19/2017
 
 
WAC
388-106-0010
The department is planning to amend "What definitions apply to this chapter?" and other related rules as may be required to clarify the definition of "informal support."
WSR 18-01-105
Filed 12/19/2017
 
 
 
WAC
388-106-0950
388-106-0955
The department is planning to amend "What services may I receive under the residential care discharge allowance?" and "Am I eligible for residential care discharge allowance?" and other related rules as may be required.
WSR 18-02-075
Filed 1/2/2018
 
 
Management Services Division
 
Chapter
388-97
WAC
The department is planning to amend "nursing homes," including WAC 388-97-1090 Direct care hours, and other related rules as may be required.
WSR 17-21-086
Filed 10/17/2017
 
 
 
Chapter
388-97
WAC
The department is planning to amend "nursing homes," including WAC 388-97-1000 Resident assessment, and other related rules as may be required.
WSR 17-21-087
Filed 10/17/2017
WSR 18-03-147
Filed 1/22/2018
 
RCS Division
 
Chapter
388-76
WAC
The department is proposing to add new sections, repeal existing sections, and amend the sections in "adult family home minimum licensing requirements" to consolidate the negative actions and CC&S rules related to background checks for HCS, RCS, and DDA.
WSR 17-12-098
Filed 6/6/2017
WSR 16-11-075
Filed 5/16/2016
 
 
 
Chapter
388-78A
WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "assisted living facility licensing rules" to consolidate the negative actions and CC&S rules related to background checks for HCS, RCS, and DDA.
WSR 17-12-096
Filed 6/6/2017
WSR 16-11-076
Filed 5/16/2016
 
 
 
Chapter
388-97
WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "nursing homes" to consolidate the negative actions and CC&S rules related to background checks for HCS, RCS, and DDA.
WSR 17-12-099
Filed 6/6/2017
WSR 16-11-078
Filed 5/16/2016
 
 
 
Chapter
388-107
WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "licensing requirements for enhanced services facilities" to consolidate the negative actions and CC&S rules related to background checks for HCS, RCS, and DDA.
WSR 17-12-101
Filed 6/6/2017
 
 
 
Chapter
388-76
WAC
The department is considering amending the following sections in "adult family home minimum licensing requirements" and other related rules as may be required. The department may also develop new rule sections related to discharge and transfer notice and compliance with 42 C.F.R. 441.302.
WSR 17-07-119
Filed 3/21/2017
WSR 17-23-030
Filed 11/7/2017
 
 
WAC
388-78A-2590
388-78A-2592
388-78A-2594
The department is proposing to add new sections, amend existing sections, and repeal sections in chapter 388-78A WAC, Assisted living facility licensing rules, and other related rules as may be required.
WSR 17-09-020
Filed 4/11/2017
WSR 18-02-099
Filed 1/3/2018
WSR 17-18-113
Filed 9/6/2017
 
 
Chapter
388-78A
WAC
The department is proposing to amend sections in "assisted living facility licensing rules," including WAC 388-78A-2020 Definitions, and other related rules as may be required to assure compliance with requirements of SB 5600.
WSR 17-13-026
Filed 6/13/2017
WSR 18-03-146
Filed 1/22/2018
 
 
Chapter
388-78A
WAC
The department is proposing to amend sections in "assisted living facility licensing rules" including WAC 388-78A-2190 and other related rules as may be required to assure compliance with requirements from 2016-2017 passed legislation, SHB 1671, which requires "medication assistance" to be added to the "activities of daily living" which currently includes bathing, dressing, eating, personal hygiene, transferring, toileting, and mobility.
WSR 17-18-085
Filed 9/5/2017
 
 
 
WAC
388-101-3000
The department is proposing to amend "definitions" and other related rules as may be required to strike the term "willful" from the definition list as a result of an order by the Division III Court of Appeals in Crosswhite v. DSHS.
WSR 17-19-102
Filed 9/19/2017
WSR 18-01-131
Filed 12/20/2017
 
 
WAC
388-76-10000
The department is proposing to amend "definitions" and other related rules as may be required [to] strike the term "willful" from the definition list as a result of an order by the Division III Court of Appeals in Crosswhite v. DSHS.
WSR 17-19-104
Filed 9/19/2017
WSR 18-02-110
Filed 1/3/2018
 
 
Chapter
388-97
WAC
The department is planning to amend "nursing homes," including WAC 388-97-1090 Direct care hours, and other related rules as may be required.
WSR 17-21-086
Filed 10/17/2017
 
 
 
Chapter
388-97
WAC
The department is planning to amend "nursing homes," including WAC 388-97-1000 Resident assessment, and other related rules as may be required.
WSR 17-21-087
Filed 10/17/2017
WSR 18-03-147
Filed 1/22/2018
 
 
Chapter
388-76
WAC
The department is proposing to amend "adult family home minimum licensing requirements."
WSR 17-23-043
Filed 11/8/2017
 
 
Behavioral Health Administration
Division of Behavioral Health and Recovery
 
Chapters
388-810
388-865
388-877
388-877A
388-877B
388-877C
WAC
The department is proposing to repeal existing rules, amend existing rules, and create new rules in Title 388 WAC regarding mental health and substance use disorders in order to provide a single set of regulations for behavioral health agencies to follow. This may involve portions of chapters 388-865, 388-877, 388-877A, 388-877B, 388-877C WAC, and other related existing and new WAC chapters as may be required.
WSR 17-16-156
Filed 8/1/2017
WSR 17-24-079
Filed 12/5/2017
 
 
WAC
388-865-0526
The department is planning to amend "single bed certification." The department may need to amend other related rules as may be required.
WSR 18-03-096
Filed 1/17/2018
 
 
Developmental Disabilities Administration
 
WAC
388-829B-100
388-829B-200
388-829B-300
388-829B-400
388-829B-500
The department is proposing to create new sections in new chapter 388-829B WAC and amend or repeal other related rules as may be required related to enhanced case management.
WSR 17-11-110
Filed 5/23/2017
WSR 18-02-095
Filed 1/3/2018
WSR 17-17-177
Filed 8/23/2017
 
 
Chapter
388-825
WAC
The department is proposing to amend sections within "DDA service rules" to align these rules with amendments being made to chapters 388-71 and 388-113 WAC.
WSR 17-13-114
Filed 6/20/2017
 
 
 
Chapters
388-825
388-101D
WAC
The department is proposing to amend sections within "DDA service rules," "requirements for providers of residential services and supports," and other related rules as may be required.
WSR 17-13-127
Filed 6/21/2017
 
 
 
WAC
388-828-1160
388-828-3060
388-828-3080
388-828-4020
388-828-4400
388-828-7000
The department is considering amending these and other related rules as may be required to amend the ICF/IID level-of-care eligibility algorithm.
WSR 17-14-106
Filed 7/5/2017
 
 
 
Chapter
388-829C
WAC
The department is considering amending "companion homes" and other related rules as may be required to clarify and update the monitoring process for companion home providers.
WSR 17-16-149
Filed 8/1/2017
 
 
 
Chapter
388-829A
WAC
The department is considering amending "alternative living" and other related rules as may be required to clarify and update the monitoring process for alternative living providers.
WSR 17-16-150
Filed 8/1/2017
 
 
 
WAC
388-823-1095
The department is considering amending "What are my rights as a DDA client?" and other related rules as may be required.
WSR 17-16-151
Filed 8/1/2017
 
 
 
Chapters
388-825
388-101D
WAC
The department is proposing to amend these and other related rules as may be required.
WSR 17-17-172
Filed 8/23/2017
 
 
 
Chapter
388-845
WAC
The department is amending and repealing existing sections and creating new sections as part of the DDA's waiver renewal process. These emergency rules reflect the changes approved by the Centers for Medicare and Medicaid Services in August 2017.
WSR 17-18-083
Filed 9/5/2017
 
WSR 18-02-093
Filed 1/3/2018
WSR 17-21-070
Filed 10/16/2017
WSR 17-19-004
Filed 9/7/2017
WSR 17-18-066
Filed 9/1/2017
 
WAC
388-827-0105
388-827-0120
The department is proposing to amend these and other related rules as may be required in order to clarify language related to state supplementary payment program eligibility.
WSR 17-19-101
Filed 9/19/2017
WSR 18-02-097
Filed 1/3/2018
WSR 18-03-104
Filed 1/18/2018
WSR 17-20-011
Filed 9/22/2017
 
Chapter
388-826
WAC
The department is proposing to amend "voluntary placement program" and other related rules as may be required.
WSR 17-21-101
Filed 10/18/2017
 
 
 
WAC
388-823-0025
388-823-0050
The department is planning to amend "Who can apply for DDA eligibility determination?," "For DDA eligibility, who is considered to be a resident of the state of Washington?," and other related rules as may be required.
WSR 17-23-160
Filed 11/21/2017
WSR 18-03-138
Filed 1/22/2018
 
 
Chapter
388-832
WAC
The department is planning to amend "individual and family services program" and other related rules as may be required.
WSR 17-23-166
Filed 11/21/2017
 
 
 
WAC
388-835-0150
The department is planning to repeal "When does DSHS require discharge and readmission of a resident?" and amend or repeal any other related rules as may be required.
WSR 18-02-073
Filed 1/2/2018
 
 
 
WAC
388-833-0015
The department is planning to amend "Who is eligible for the community crisis stabilization service (CCSS) program?" and other related rules as may be required in order to correct the age limit for CCSS program eligibility.
WSR 18-03-172
Filed 1/23/2018
 
 
Children's Administration
 
Chapter
388-61A
WAC
The department is proposing to amend "shelters for victims of domestic violence" and other related rules as may be required to be consistent with 2015 statutory changes.
WSR 16-24-073
Filed 12/6/2016
WSR 18-03-150
Filed 1/22/2018
 
 
Chapter
388-60
WAC
The department is proposing to amend "domestic violence perpetrator treatment program standards" and other related rules as may be required.
WSR 17-07-034
Filed 3/8/2017
 
 
 
WAC
388-06A-0110
The department is planning to amend "Who must have background checks?" and other related rules as may be required to align with changes to RCW 74.15.030 and 43.43.832 which allow the department to complete background checks on individuals younger than sixteen years old.
WSR 17-21-103
Filed 10/18/2017
WSR 17-24-081
Filed 12/5/2017
WSR 17-21-109
Filed 10/18/2017
 
WAC
388-145-1325
388-145-1805
388-148-1320
388-148-1321
The department is planning to amend licensing regulations related to background checks and other related rules, and create new WAC 388-148-1321.
WSR 17-21-107
Filed 10/18/2017
WSR 18-01-116
Filed 12/19/2017
WSR 18-01-117
Filed 12/19/2017
WSR 17-22-001
Filed 10/18/2017
 
WAC
388-25-0100
The department is planning to amend "What are the department's responsibilities regarding financial assistance to support children in the department's foster homes and child placing agency foster homes?" and other related rules as may be required in order to no longer exclude any youth over the age of eighteen, and to permit inclusion of the extended foster care population.
WSR 17-23-091
Filed 11/15/2017
WSR 18-03-031
Filed 1/9/2018
 
 
Chapters
388-145
388-147
388-148
WAC
The department is planning to amend licensing regulations contained in "licensing requirements for group care facilities and services," "licensing requirements for child placing agency and adoption services," and "licensing requirements for child foster homes."
WSR 18-03-055
Filed 1/10/2018
 
 
 
WAC
388-27-0090
The department is planning to amend "What information must the department or child placing agency provide to prospective adoptive parents about the child that is being considered for adoption?" and other related rules as may be required for compliance with RCW 26.33.350 and 26.33.380.
WSR 18-03-173
Filed 1/23/2018
 
 
Economic Services Administration
Community Services Division
 
WAC
388-460-0010
The department is proposing to amend "Do I have an authorized representative for basic food if I live in a treatment center or group home?" and other related rules as may be required.
WSR 17-06-033
Filed 2/23/2017
 
 
 
WAC
388-444-0055
The department is proposing to amend other related rules as may be required to remove basic food disqualifications for comparable programs.
WSR 17-07-015
Filed 3/6/2017
 
 
 
WAC
388-447-0005
388-449-0010
The department is proposing to amend "What evidence do we consider to determine disability?," "What evidence does the department consider to determine incapacity?," and other related rules as may be required to conform to new standards adopted by the Social Security Administration (SSA), DI 22505.003 Evidence from an Acceptable Medical Source (AMS), which expand the federal definition of an AMS.
WSR 17-11-086
Filed 5/19/2017
WSR 18-02-061
Filed 12/29/2017
 
 
WAC
388-442-0010
The department is proposing to amend "Am I eligible for benefits if I am fleeing from the law or breaking a condition for parole or probation?" and other related rules as may be required to conform to a recent amendment to the federal regulation regarding who is considered a fleeing felon.
WSR 17-14-109
Filed 7/5/2017
 
 
 
WAC
388-450-0162
388-418-0005
The department is proposing to amend "How does the department count my income to determine if my assistance unit is eligible and how does the department calculate the amount of my cash and basic food benefits?," "How will I know what changes to report?" and other related rules as may be required.
WSR 17-17-103
Filed 8/18/2017
 
 
 
WAC
388-478-0020
388-478-0035
388-436-0050
The department is proposing to amend "Payment standards for TANF, SFA, and RCA," "What are the maximum earned income limits for TANF, SFA, PWA, and RCA?," "Determining financial need and benefit amount for CEAP," and other related rules as may be required.
WSR 17-17-173
Filed 8/23/2017
 
 
 
WAC
388-418-0020
The department is proposing amendments to provide clarity for Supplemental Nutrition Assistance Program (SNAP) recipients and prevent unnecessary overpayments regarding when clients submit changes to their SNAP cases.
WSR 17-18-082
Filed 9/5/2017
WSR 18-03-136
Filed 1/22/2018
 
 
WAC
388-406-0015
The department is proposing to amend "Can I get basic food right away?" and other related rules as may be required.
WSR 17-24-085
Filed 12/5/2017
 
 
Division of Child Support
 
WAC
388-14A-5007
The department is planning to amend "If the paying parent has more than one case, can DCS apply support money to only one specific case?" and other relate[d] rules as may be required.
WSR 17-23-102
Filed 11/15/2017
 
 
Executive
Division of Vocational Rehabilitation
 
Chapter
388-891
WAC
The department is proposing to create new sections and amend or repeal existing sections in "vocational rehabilitation services for individuals with disabilities" in order to inform customers about the services the department of vocational rehabilitation (DVR) provides, update customer rights and customer confidentiality, and update the conditions under which DVR provides or pays for services.
WSR 17-21-098
Filed 10/18/2017
 
 
Services and Enterprise Support Administration
Information Governance
 
Chapter
388-01
WAC
The proposed amended rules add language to clarify, update, and ensure clear policies for responding to public records requests under chapter 42.56 RCW, and align policy to comply with new statutes. The proposed repeal of WAC 388-01-040 removes existing redundant language, and proposed new WAC 388-01-005 adds a new definition section for rule clarity.
WSR 17-17-102
Filed 8/18/2017
WSR 18-01-100
Filed 12/19/2017
 
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The typographical error in the above material occurred in the copy filed by the department of social and health services and appears in the Register pursuant to the requirements of RCW 34.08.040.