WSR 19-16-141
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed August 6, 2019, 4:36 p.m.]
Following is the department of social and health services semi-annual rule-making agenda for July 1 – December 31, 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
July 1 - December 31, 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
 
388-112A
The department is planning to amend "residential long-term care services training" and other related rules as may be required.
WSR 18-05-022
Filed
2/9/2018
WSR 19-11-062
Filed 5/15/2019
WSR 18-19-108
Filed 9/19/2018
 
 
388-113 and 388-71
The department is considering 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 8/21/2018
 
 
 
388-106-0075
388-106-0090
388-106-0100
388-106-0033
388-106-0130
388-106-0095
388-106-0010
The department is planning to amend "how is my need for personal care services assessed in CARE?," "how does the CARE tool measure cognitive performance?," "how does the CARE tool measure mood and behaviors?," "when may I receive services in a facility contracted to provide specialized dementia care services?," "how does the department determine the number of hours I may receive for in-home care?," "how does the CARE tool measure clinical complexity?," "what definitions apply to this chapter?," and other related rules as may be required to be consistent with changes, a majority of which are label changes, made to comprehensive assessment and reporting evaluation (CARE) tool as part of CARE modernization.
WSR 19-10-051
Filed 4/29/2019
 
 
Management Services Division
 
388-96-905
The department is planning 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 11/7/2018
 
 
 
388-96-808
The department is planning to amend "Change of ownership—Assignment of department's contract" and other related rules as may be required.
WSR 19-06-059
Filed
3/5/2019
 
 
 
388-105-0005
The department is amending to update the tables of rates in WAC 388-105-0005 to reflect rates consistent with Legislative appropriation and direction.
 
WSR 19-15-085
Filed 7/19/2019
WSR 19-14-070
Filed 6/28/2019
Residential Care Services Division
 
 
388-78A
The department is planning 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-3181, 388-78A-3183, 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 5/15/2018
WSR 19-12-117
Filed
6/5/2019
WSR 19-04-080
Filed
2/4/2019
WSR 18-20-016
Filed
9/21/2018
 
 
388-78A
The department is planning 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 8/14/2018
 
 
 
388-76
The department is planning 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 8/14/2018
 
 
 
388-107
The department is proposing 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 8/15/2018
 
 
 
388-97
The department is proposing to add new sections, repeal existing sections, and amend sections in "nursing homes" related to tuberculosis screening.
WSR 18-17-099
Filed 8/15/2018
 
 
 
388-78A
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 8/21/2018
 
 
 
388-97
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 maybe required.
WSR 18-17-175
Filed 8/22/2018
 
 
 
388-76
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 8/22/2018
 
 
 
388-107
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 8/22/2018
 
 
 
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
1/3/2019
WSR 19-11-105
Filed 5/21/2019
 
 
388-76
The department is considering amending "adult family home minimum licensing requirements."
WSR 19-03-148
Filed 1/22/2019
 
 
 
388-97-4425
388-97-4430
388-97-4440
The department is planning to amend "Notice—Service complete," "Notice—Proof of service," "Appeal rights," and other related rules as may be required.
WSR 19-03-149
Filed 1/22/2019
WSR 19-14-038
Filed 6/26/2019
 
 
388-76
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 1/22/2019
 
 
 
388-78A
The department is planning to amend sections in the chapter to coordinate with national building code standards.
WSR 19-08-001
Filed 3/20/2019
WSR 19-14-100
Filed
7/2/2019
 
 
388-97
388-97-1090
The department is planning to add new sections and amend existing sections in "nursing homes," including "direct care hours" and other related rules as may be required.
WSR 19-12-109
Filed
6/5/2019
 
 
 
388-101
The department is planning to add a new section and amend other related rules as may be required for the collection of an annual certification fee for certified community residential services and supports.
WSR 19-15-104
Filed 7/22/2019
 
 
Behavioral Health Administration
 
388-855-0045
The department is planning to amend "exempt income" and other related rules as may be required.
WSR 19-15-073
Filed 7/17/2019
 
 
Developmental Disabilities Administration
 
388-845
The department is planning to amend existing sections 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 in chapter 388-845 WAC.
WSR 19-03-011
Filed
1/3/2019
 
 
 
388-826
The department is considering creating new rule sections in the chapter, amending or repealing WAC 388-826-0090 and 388-826-0095 and amending any other related rules as may be required.
WSR 19-06-046
Filed
3/4/2019
 
 
 
388-823-0500
The department is planning to amend this section and other related rules as may be required.
WSR 19-12-086
Filed
6/4/2019
WSR 19-16-132
Filed
8/6/2019
 
 
388-101D-0355
388-101D-0405
388-101D-0410
The department is considering amending these and other related rules as may be required to add instances when a service provide must develop and implement a functional assessment or positive behavior support plan.
WSR 19-14-059
Filed 6/21/2019
 
 
 
388-827-0105
The department is considering amending this and other related rules as may be required to clarify eligibility criteria for state supplementary payments.
WSR 19-15-100
Filed 7/22/2019
 
 
 
388-829
Overnight planned respite services and other related rules as may be required.
WSR 19-16-101
Filed
8/2/2019
 
 
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
3/7/2018
 
 
 
388-444-0030
The department is planning to amend "are able-bodied adults without dependents subject to additional work requirements and time limits to be eligible for basic food?" and other related rules as may be required.
WSR 19-06-047
Filed
3/4/2019
WSR 19-10-045
Filed 4/29/2019
 
 
388-450-0190
The department is planning to amend "how does the department figure my shelter cost income deduction for basic food?" and other related rules as may be required.
WSR 19-06-049
Filed
3/4/2019
WSR 19-12-051
Filed 5/31/2019
 
 
388-410-0015
The department is planning to amend "recovery of cash assistance overpayments by mandatory grant deduction" and other related rules as may be required.
WSR 19-09-032
Filed 4/10/2019
 
 
 
388-460-0010
The department is planning 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 19-09-034
Filed 4/10/2019
 
 
 
388-408-0040
388-420-010
The department is proposing to amend "how does living in an institution affect my eligibility for basic food?" and "alcohol and drug treatment centers."
 
WSR 19-10-046
Filed 4/29/2019
 
 
388-412-0025
The department is planning to amend "how do I receive my benefits?" and other related rules as may be required.
WSR 19-10-050
Filed 4/29/2019
 
 
 
388-450-0025
The department is planning to amend "what is unearned income?" and other related rules as may be required.
WSR 19-12-107
Filed
6/5/2019
 
 
 
388-414-0001
388-418-0005
388-418-0020
388-470-0005
The department is planning to amend "do I have to meet all eligibility requirements for basic food?," "how will I know what changes to report?," "how does the department determine the date a change affects my cash and basic food benefits?," "how do resources affect my eligibility for cash assistance and basic food?," and other related rules as may be required.
WSR 19-12-108
Filed
6/5/2019
 
 
 
388-478-0027
The department is planning to amend "what are the payment standards for pregnant women assistance?" and other related rules as may be required.
WSR 19-13-098
Filed 6/19/2019
 
WSR 19-14-055
Filed 6/28/2019
 
388-482-0005
The department is planning to amend "how does being a student of higher education impact my eligibility for Washington basic food program?" and other related rules as may be required.
WSR 19-13-099
Filed 6/19/2019
 
WSR 19-16-011
Filed 7/25/2019
 
388-478-0015
The department is planning to amend "need standards for cash assistance" and other related rules as may be required.
WSR 19-13-102
Filed 6/19/2019
 
 
 
388-310-1600
388-400-0005
388-484-0006
The department is planning to amend "WorkFirst—Sanctions," "who is eligible for temporary assistance for needy families?," and "TANF/SFA time limit extensions," and other related rules as may be required to implement 2SHB 1603 (chapter 343, Laws of 2019).
WSR 19-15-103
Filed 7/22/2019
 
WSR 19-16-009
Filed 7/25/2019
Division of Child Support (DCS)
 
388-14A
The department is planning to amend sections dealing with the establishment of administrative child support orders including WAC 388-14A-3115 The notice and finding of financial responsibility is used to set child support when paternity is not at issue, 388-14A-3140 What can happen at a hearing on a support establishment notice?, and other related rules as may be required.
WSR 18-07-077
Filed 3/19/2018
 
 
 
388-14A-3304
388-14A-3310
388-14A-3315
The department is planning to amend sections in chapter 388-14A WAC in order to streamline procedures regarding the use of a form called the notice to payee.
WSR 18-18-103
Filed
9/5/2018
WSR 19-15-036
Filed 7/11/2019
 
 
388-14A-5400
The department is planning to amend WAC 388-14A-5400 and other related rules as may be required.
WSR 19-10-033
Filed 4/24/2019
WSR 19-15-102
Filed 7/22/2019
 
 
388-14A-3323
The department is amending WAC 388-14A-3323 What happens in a hearing on a notice of support owed served under WAC 388-14A-3311?
 
WSR 19-15-082
Filed
7/18/2019
 
 
388-14A-3903
DCS intends to amend WAC 388-14A-3903 How does DCS decide whether to petition for modification of a support order? and other related rules as may be required in order to implement §§ 2 and 3 of ESHB 1916, (chapter 275, Laws of 2019), which takes effect on July 28, 2019.
WSR 19-15-101
Filed 7/22/2019
 
WSR 19-16-013
Filed 7/25/2019
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
 
388-03-160
The department is planning to amend chapter 388-03 WAC, Certification of DSHS spoken language interpreters, translators, employees, and licensed agency personnel (LAPL), and other related rules as may be required.
WSR 19-06-050
Filed
3/4/2019
 
WSR 19-08-072
Filed
4/2/2019
Katherine Vasquez
Rules Coordinator