WSR 19-04-026
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed January 28, 2019, 9:07 a.m.]
Following is the department of social and health services (DSHS) semi-annual rule-making agenda for January 1 - June 30, 2019. 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, 2019
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 388-71 WAC
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 8/15/17
WSR 18-21-150
Filed 10/19/18
WSR 18-08-072
Filed 4/3/18
 
 
Chapter 388-112A WAC
To amend "residential long-term care services training" and other related rules as may be required.
WSR 18-05-022
Filed 2/9/18
WSR 18-19-108
Filed 9/19/18
 
 
Chapters 388-113 and 388-71 WAC
Amending and repealing existing sections and adding new sections in "disqualifying crimes and negative actions" and "home and community services and programs" 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, residential care services, and the developmental disabilities administration (DDA).
WSR 18-17-146
Filed 8/21/18
 
 
 
Chapter 388-106 WAC
The department is proposing to amend "long-term care services," specifically private duty nursing, and other related rules as may be required.
WSR 18-17-167
Filed 8/21/18
 
 
 
388-106-1920
The department is planning to amend "long-term care services."
WSR 18-20-106
Filed 10/2/18
 
WSR 19-02-083
Filed 12/31/18
 
388-79A-005
The department is planning to amend "maximum amount of guardianship fees and related costs for a long-term care medicaid eligible client" and other related rules as may be required.
WSR 18-21-113
Filed 10/17/18
WSR 19-01-048
Filed 12/13/18
 
Management Services Division
 
388-96-905
To amend "case mix accuracy review of MDS nursing facility resident assessments" and other related rules as may be required.
WSR 18-22-128
Filed 11/7/18
 
 
Residential Care Services Division
 
Chapter 388-78A WAC
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 9/5/17
WSR 18-21-098
Filed 10/16/18
WSR 18-18-091
Filed 9/4/18
 
 
Chapter 388-78A WAC
To add new sections and amend existing sections, including WAC 388-78A-3140, 388-78A-3150, 388-78A-3152, 388-78A-3160, 388-78A-3170, 388-78A-3180, 388-78A-3190, 388-78A-3200, and other related rules as may be required to assure compliance with requirements of HB [EHB] 2750 passed by the 2018 legislature.
WSR 18-11-069
Filed 5/15/18
WSR 18-20-016
Filed 9/21/18
 
 
Chapter 388-78A WAC
To add new sections, repeal existing sections, and amend sections in "assisted living facility licensing rules" related to tuberculosis screening.
WSR 18-17-087
Filed 8/14/18
 
 
 
Chapter 388-76 WAC
To add new sections, repeal existing sections, and amend sections in "adult family home minimum licensing requirements" related to tuberculosis screening.
WSR 18-17-088
Filed 8/14/18
 
 
 
Chapter 388-107 WAC
To add new sections, repeal existing sections, and amend sections in "licensing requirements for enhanced services facilities" related to tuberculosis screening.
WSR 18-17-098
Filed 8/15/18
 
 
 
Chapter 388-97 WAC
To add new sections, repeal existing sections, and amend sections in "nursing homes" related to tuberculosis screening.
WSR 18-17-099
Filed 8/15/18
 
 
 
Chapter 388-78A WAC
The department is considering adding new sections and repealing and amending existing sections in "assisted living facility licensing rules" to consolidate the rules related to background checks, negative actions, and CC&S determinations between home and community services, residential services, and DDA.
WSR 18-17-159
Filed 8/21/18
 
 
 
Chapter 388-97 WAC
The department is considering adding new sections and repealing and amending existing sections in "nursing homes" including WAC 388-97-1790, 388-97-1800, 388-97-1820, and other related rules as may be required.
WSR 18-17-175
Filed 8/22/18
 
 
 
Chapter 388-76 WAC
The department is considering adding new sections and repealing and amending existing sections in "adult family home minimum licensing requirements."
WSR 18-17-177
Filed 8/22/18
 
 
 
Chapter 388-107 WAC
The department is considering adding new sections and repealing and amending existing sections in "licensing requirements for enhanced services facilities."
WSR 18-17-178
Filed 8/22/18
 
 
 
388-76-10000
388-76-10105
The department is planning to amend "definitions," "Application—Change of ownership," and other related rules as may be required to clarify rules around entity representatives, ownership entities, and associated issues of adult family homes.
WSR 19-03-013
Filed 1/3/19
 
 
 
Chapter 388-76 WAC
The department is considering amending "adult family home minimum licensing requirements."
WSR 19-03-148
Filed 1/22/19
 
 
 
388-97-4425
388-97-4430
The department is planning to amend "Notice—Service complete," "Notice—Proof of service," WAC 388-97-4440 "Appeal rights," and other related rules as may be required.
WSR 19-03-149
Filed 1/22/19
 
 
 
Chapter 388-76 WAC
The department is considering adding a new section to "adult family home minimum licensing requirements" to comply with federal home and community-based services requirements. The department may also amend other related rules as may be required.
WSR 19-03-150
Filed 1/22/19
 
 
 
388-97-1090
The department is planning to amend "direct care hours" and other related rules as may be required.
WSR 19-03-167
Filed 1/23/19
 
 
Behavioral Health Administration
 
Chapter 388-875 WAC
The department is planning to amend "criminally insane person committed to the care of the department of social and health services – evaluation, placement, care and discharge" and other related rules as may be required.
WSR 18-06-102
Filed 3/7/18
 
 
Developmental Disabilities Administration
 
388-828-9310
388-828-9330
388-828-9335
388-828-9350
388-845-2100
The department is planning to amend WAC 388-828-9310, 388-828-9330, 388-828-9335, 388-828-9350, 388-845-2100, and other related rules as may be required to align with waiver requirements, initiate a petition for rule making, and align with improvements to the CARE system.
WSR 18-11-117
Filed 5/22/18
 
 
 
Chapters 388-825 and 388-101D WAC
The department is planning to amend sections within DDA service rules, requirements for providers of residential services and supports, and other related rules as may be required.
WSR 18-16-043
Filed 7/25/18
 
 
 
Chapter 388-825 WAC
The department is planning to amend sections within DDA service rules and other related rules as may be required.
WSR 18-16-044
Filed 7/25/18
 
 
 
388-825-091
388-837-9010
The department is amending "Am I eligible for residential habilitation center services?" and creating "Must a client in an ICF/IID be able to benefit from active treatment?" to correctly reflect federal ICF/IID eligibility requirements.
WSR 18-18-102
Filed 9/5/18
 
WSR 19-01-037
Filed 12/12/18
WSR 18-17-105
Filed 8/15/18
 
388-845-1615
The department is planning to amend "Who may be qualified providers of respite care?" and other related rules as may be required.
WSR 18-19-107
Filed 9/19/18
WSR 18-24-117
Filed 12/5/18
WSR 19-03-128
Filed 1/18/19
WSR 18-20-055
Filed 9/26/18
 
388-101D-0025
388-101D-0120
The department is planning to amend service provider responsibilities, approval of staff coverage schedules, and other related rules as may be required.
WSR 19-02-053
Filed 12/27/18
 
WSR 19-02-073
Filed 12/31/18
 
Chapter 388-845 WAC
The department is planning to amend existing sections in DDA home and community-based services waivers including WAC 388-845-0600, 388-845-0605, 388-845-0610, 388-845-1410, and other related rules as may be required, and create other new sections.
WSR 19-03-011
Filed 1/3/19
 
 
 
388-845-1410
The department is amending "are there limits to the prevocational services you may receive?" to eliminate prevocational services by March 1, 2019.
WSR 19-03-147
Filed 1/22/19
 
WSR 19-03-123
Filed 1/17/19
Economic Services Administration
Community Services Division
 
388-412-0040
The department is planning to amend "can I get my benefits replaced?" and other related rules as may be required to describe the department's adoption of federal optional regulations requiring the withholding of replacement electronic benefit transfer cards when a recipient requests an excessive number of replacement cards.
WSR 18-06-103
Filed 3/7/18
 
 
 
388-410-0005
The department is planning to amend "cash assistance overpayment amount and liability" and other related rules as may be required to change which members of a household are and are not responsible for cash assistance overpayments.
WSR 18-21-195
Filed 10/24/18
 
 
 
388-412-0001
The department is creating "early issuance of February 2019 food assistance benefits." This change will allow the department to issue February 2019 food assistance benefits on or before January 20, 2019, at the direction of the federal USDA Food and Nutrition Service.
 
 
WSR 19-03-099
Filed 1/15/19
Division of Child Support
 
Chapter 388-14A WAC
The department is planning to amend sections in division of child support rules dealing with the establishment of administrative child support orders including "the notice and finding of financial responsibility is used to set child support when paternity is not at issue," "what can happen at a hearing on a support establishment notice?" and other related rules as may be required.
WSR 18-07-077
Filed 3/19/18
 
 
 
Chapter 388-14A WAC
The department is planning to amend sections in division of child support rules to streamline procedures regarding the use of a form called the notice to payee.
WSR 18-18-103
Filed 9/5/18
 
 
 
388-14A-7000
388-14A-7005
388-14A-7010
388-14A-7100
388-14A-7110
The division of child support proposes to adopt new rules and amend existing rules in chapter 388-14A WAC to implement changes to the Uniform Interstate Family Support Act (UIFSA, adopted in Washington as chapter 26.21A RCW).
 
WSR 18-23-059
Filed 11/16/18
 
Executive
Division of Vocational Rehabilitation
No rule making at this time
 
 
 
 
 
Facilities, Finance, and Analytics Administration
No rule making at this time
 
 
 
 
 
Services and Enterprise Support Administration
No rule making at this time
 
 
 
 
 
Katherine Vasquez
Rules Coordinator