WSR 20-15-060
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed July 10, 2020, 12:32 p.m.]
Following is the department of social and health services (DSHS) semi-annual rule-making agenda for July 1 - December 31, 2020. 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/office-of-the-secretary/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, 2020
Administration/
Division
WAC
Sections
Purpose for Rule Making
CR-101
Filings
CR-102 and CR-105
Filings
CR-103E
Filings
Aging and Long-Term Support Administration
Home and Community Services Division
 
388-114-0080
The department is proposing to amend WAC 388-114-0080 to correct a typographical error in the reference to WAC 388-114-0030.
 
WSR
20-08-064
Filed
3/26/2020
 
 
Title 388
The department is planning to create a new chapter in Title 388 WAC and amend sections in chapters 388-71, 388-106, 388-113, and 388-114 WAC, and other related rules as may be required.
WSR
20-08-064
Filed
3/30/2020
 
 
Management Services Division
 
388-96-107
Amend existing rules affecting specific programs as a result of the health crisis created by the coronavirus.
 
 
WSR
20-08-019
Filed
3/20/2020
Residential Care Services Division
 
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 character, competence, and suitability determinations between home and community services, residential [care] services, and developmental disabilities administration (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 may be 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
The department is considering amending "adult family home minimum licensing requirements."
WSR
19-03-148
Filed
1/22/2019
WSR
20-11-055
Filed
5/19/2020
WSR
20-02-013
Filed
12/19/2019
 
 
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
 
 
 
388-97
The department is proposing to add new sections, repeal existing sections, and amend sections in "nursing homes" related to tuberculosis screening.
WSR
19-18-051
Filed
8/30/2019
 
 
 
388-107
The department is planning to add new sections, repeal existing sections, and amend sections in "licensing requirements for enhanced services facilities" related to tuberculosis screening.
WSR
19-18-059
Filed
9/3/2019
 
 
 
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
19-18-061
Filed
9/3/2019
 
 
 
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
19-18-062
Filed
9/3/2019
 
 
 
388-78A-2371
The department is planning to amend "investigations."
WSR
20-03-179
Filed
1/22/2020
 
 
 
388-97-0001, 388-97-1090
The department is considering amending definitions; direct care hours; and other related rules as may be required to implement EHB 1564 (chapter 301, Laws of 2019).
WSR
20-08-101
Filed
3/30/2020
 
 
 
388-107-0460, 388-107-0490, 388-76-10265, 388-76-10285, 388-76-10290, 388-78A-2480, 388-78A-2484, 388-78A-2485
The department is temporarily repealing or amending WAC 388-76-10265, 388-76-10285, 388-76-10290(1), 388-78A-2480(1), 388-78A-2484, 388-78A-2485(1), 388-101D-0650(1), 388-101D-0660(3), 388-107-0460(1), and 388-107-0490 to assure long-term care programs are not significantly impeded during the hiring process due to inability to access the tuberculosis (TB) testing required as a part of the hiring process.
 
 
WSR
20-09-009
Filed
4/2/2020
 
388-97
The department is amending WAC 388-97-0120, 388-97-1000, 388-97-1020, 388-97-1915, and 388-97-1975 and repealing WAC 388-97-0920 to assure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak.
 
 
WSR
20-09-074
Filed
4/13/2020
 
388-78A-2524, 388-78A-2525, 388-78A-2526
The department is temporarily amending WAC 388-78A-2524, 388-78A-2525, and 388-78A-252 to assure assisted living facilities are not significantly impeded during the hiring process due to an administrator's inability to obtain a certificate of completion of a recognized administrator training as referenced in WAC 388-78A-2521.
 
 
WSR
20-10-005
Filed
4/23/2020
 
388-97-1260
The department is amending WAC 388-97-1260 to assure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak. These amendments will align state nursing home rules with federal rules that were suspended or amended to help facilitate care during the COVID-19 pandemic.
 
 
WSR
20-10-034
Filed
4/28/2020
 
388-107
The department is considering amending these and other related rules as may be required to implement SHB 2448 (chapter 278, Laws of 2020).
WSR
20-10-091
Filed
5/5/2020
 
 
 
388-97-0300
The department is amending WAC 388-97-0300 to assure nursing homes are not significantly impeded from [no further information supplied by agency.]
 
 
WSR
20-11-043
Filed
5/15/2020
 
388-97-1740, 388-97-1760, 388-97-2400
The department is amending rules in chapter 388-97 WAC to assure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak.
 
 
WSR
20-14-026
Filed
6/23/2020
 
388-76; 388-76-10695, 388-76-10730
The department is considering amending sections in adult family home minimum licensing requirements, including building codes - structural requirements, grab bars and handrails, and other related rules as may be required.
WSR
20-14-117
Filed
7/1/2020
 
 
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
 
 
 
388-875-0200, 388-875-0210, 388-875-0230
The department is considering adding a new section to chapter 388-875 WAC to establish requirements for the forensic navigator program.
WSR
20-03-155
Filed
1/21/2020
WSR
20-14-118
Filed
7/1/2020
 
 
388-878
The department is planning to amend to develop rules for the conditions of participation in the outpatient competency restoration program, within the framework of the forensic mental health care system.
WSR
20-08-116
Filed
3/31/2020
 
 
Developmental Disabilities Administration
 
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 provider must develop and implement a functional assessment or positive behavior support plan.
WSR
19-14-059
Filed
6/21/2019
 
 
 
388-829A
The department is planning to amend "alternative living" and other related rules as may be required.
WSR
19-19-040
Filed
9/12/2019
 
 
 
388-845-2019
The department is enacting WAC 388-845-2019 on an emergency basis to make temporary modifications to DDA's home and community-based services waivers in order to control the spread of the COVID-19 virus and to meet immediate health and safety needs.
 
 
WSR
20-14-101
Filed
6/30/2020
WSR
20-08-056
Filed
3/25/2020
 
388-828
The department is planning to amend this chapter and other related rules as may be required to implement the consumer-directed employment program and align with changes being made to modernize the comprehensive assessment reporting evaluation (CARE) system.
WSR
20-08-058
Filed
3/25/2020
 
 
 
388-826
DDA is planning to amend "voluntary placement services" to align with recent amendments to chapter 74.13 RCW regarding "out-of-home services."
WSR
20-09-150
Filed
4/22/2020
 
 
 
388-101D-0125, 388-101D-0130, 388-101D-0695, 388-823-1095, 388-829A-130, 388-829C-100
The department is planning to amend these and other related rules as may be required.
WSR
20-12-096
Filed
6/2/2020
 
 
 
388-101D-0065; 388-825; 388-845-2205, 388-845-1615
The department is planning to amend these and other related rules as may be required.
WSR
20-14-029
Filed
6/23/2020
 
 
 
388-829R-170, 388-829R-230, 388-829-0005, 388-829-0045
The department is planning to amend these and other related rules as may be required.
WSR
20-14-099
Filed
6/30/2020
 
 
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
 
 
 
388-444-0010
The department plans to amend "who is exempt from work registration while receiving basic food?" and other related rules as may be required.
WSR
19-22-060
Filed
11/5/2019
 
 
 
388-493-0010
The department plans to amend WAC 388-493-0010 Working family support, and other related rules as may be required.
WSR
19-22-070
Filed
11/5/2019
WSR
20-09-095
Filed
4/15/2020
WSR
20-08-102
Filed
3/30/2020
 
 
388-280-0010, 388-280-0020, 388-280-0030, 388-280-0040, 388-280-0050, 388-280-0060
The department is planning to amend chapter 388-280 WAC and other related rules as may be required.
WSR
20-05-060
Filed
2/14/2020
WSR
20-12-040
Filed
5/27/2020
 
 
388-310-0350
The department is amending WorkFirst - other exemptions from mandatory participation to temporarily exempt temporary assistance for needy families (TANF) recipients from mandatory WorkFirst participation as a result of the public health crisis created by the COVID-19 virus (commonly referred to as the "coronavirus").
WSR
20-14-104
Filed
6/30/2020
 
WSR
20-07-079
Filed
3/16/2020
 
388-447-0005, 388-447-0010, 388-447-0110, 388-449-0010, 388-449-0015, and 388-449-0150
The department is amending "what evidence do we consider to determine incapacity?," "what medical evidence do I need to provide?," "when does my eligibility for referral to the housing and essential needs (HEN) program end?," "what evidence do we consider to determine disability?," "what medical evidence do I need to provide?," and "when does my eligibility for aged, blind, or disabled (ABD) cash benefits end?"
WSR
20-14-107
Filed
6/30/2020
 
WSR
20-08-074
Filed
3/26/2020
 
388-437-0005
The department is creating WAC 388-437-0005, changes to food assistance in response to the COVID-19 pandemic, to implement changes to food assistance benefit issuances as provided in the Families First Coronavirus Response Act (H.R. 6201) Section 2302.
 
 
WSR
20-10-048
Filed
4/29/2020
WSR
20-08-107
Filed
3/31/2020
 
388-76
The department is considering amending to incorporate ESHB 1023, 2020 regular session, into the rules.
WSR
20-08-110
Filed
3/31/2020
 
 
 
388-310-1300
The department is planning to amend community jobs, and other related rules as may be required.
WSR
20-08-111
Filed
3/31/2020
WSR
20-13-009
Filed
6/5/2020
 
 
388-484-0006
The department is amending WAC 388-484-0006, TANF/SFA time limit extensions, to add TANF time limit extension hardship category related to impacts of the COVID-19 pandemic (commonly known as the "coronavirus").
 
 
WSR
20-09-001
Filed
4/1/2020
 
388-436-0040, 388-436-0050, 388-436-0055
The department is amending WAC 388-436-0040 Excluded income and resources for CEAP, 388-436-0050 Determining financial need and benefit amount for CEAP, and 388-436-0055 What is the disaster cash assistance program (DCAP)? These amendments are necessary to expand consolidated emergency assistance program and related DCAP during the statewide public health crisis created by the COVID-19 virus (commonly referred to as the "coronavirus").
 
 
WSR
20-09-102
Filed
4/16/2020
 
388-444-0015, 388-444-0025
The department is planning to amend "how can the basic food employment and training (BF E&T) program help me find work?," "what expenses will the department pay to help me participate in BF E&T?," and other related rules as may be required.
WSR
20-09-134
Filed
4/21/2020
 
 
 
388-400-0055, 388-400-0060, 388-400-0070
The department is planning to amend WAC 388-400-0055 Who is eligible for the pregnant women assistance (PWA) program?, 388-400-0060 Who is eligible for aged, blind or disabled (ABD) cash assistance?, 388-400-0070 Who is eligible for referral to the housing and essential needs (HEN) program?, and other related rules as may be required.
WSR
20-09-137
Filed
4/21/2020
 
WSR
20-13-036
Filed
6/10/2020
 
388-434-0015
The department is creating WAC 388-434-0015 Extension of certification periods and waiver of eligibility reviews and mid-certification reviews during the COVID-19 pandemic.
 
 
WSR
20-10-046
Filed
4/29/2020
 
388-466-0120
The department is adopting emergency amendments to refugee cash assistance (RCA).
WSR
20-14-024
Filed
6/23/2020
 
WSR
20-10-118
Filed
5/6/2020
 
388-412-0046
The department is planning to amend WAC 388-412-0046 What is the purpose of DSHS cash and food assistance benefits and how can I use my benefits? and other related rules as may be required.
WSR
20-11-064
Filed
5/19/2020
 
WSR
20-13-037
Filed
6/10/2020
 
388-478-0010, 388-478-0005, 388-478-0006, 388-478-0010, 388-478-0015, 388-478-0020, 388-478-0027, 388-478-0033, 388-478-0090, 388-418-0020
The department plans to repeal WAC 388-478-0010 Households with obligations to pay shelter costs; and amend 388-478-0005 Cash assistance need and payment standards and grant maximum, 388-478-0006, the clothing, personal maintenance, and necessary incidentals (CPI) payment standard for cash assistance, 388-478-0015 need standards for cash assistance, 388-478-0020 Payment standards for TANF, SFA, and RCA, 388-478-0027 What are the payment standards for pregnant women assistance (PWA)?, 388-478-0033 What are the payment standards for aged, blind, or disabled (ABD) cash assistance?, 388-478-0090 What are the monthly income limits for the aged, blind, and disabled (ABD) cash assistance and housing and essential needs (HEN) referral program?, 388-418-0020 How does the department determine the date a change affects my cash and basic food benefits?, and other related rules as may be required.
WSR
20-11-070
Filed
5/20/2020
 
WSR
20-14-087
Filed
6/30/2020
 
388-436-0060
The department is proposing to amend "How much money can I receive from the disaster cash assistance program (DCAP)?"
 
 
 
 
388-458-0011
The department is planning to amend "DSHS sends you a denial letter when you can't get benefits," and other related rules as may be required.
WSR
20-12-089
Filed
6/2/2020
 
 
 
388-418-0011
The department is planning to amend "what is a mid-certification review, and do I have to complete one in order to keep receiving benefits?," and other related rules as may be required.
WSR
20-12-090
Filed
6/2/2020
 
WSR
20-14-085
Filed
6/30/2020
 
388-310-0800, 388-310-1050, 388-310-1700, 388-310-1800
The department is planning to amend WorkFirst—Support services; WorkFirst—Vocational education; WorkFirst—Skills enhancement training; WorkFirst—Self-employment; WorkFirst—Post employment services; and other related rules as may be required.
WSR
20-12-094
Filed
6/2/2020
 
 
 
388-482-0005
The department is planning to amend "How does being a student of higher education affect my eligibility for Washington basic food program?," and other related rules as may be required.
WSR
20-12-095
Filed
6/2/2020
 
 
 
388-454-0006
The department is planning to amend "the department makes background checks on adults who are acting in place of a parent without court-ordered custody," and other related rules as may be required.
WSR
20-13-047
Filed
6/11/2020
 
 
 
388-437-0010
The department is creating new WAC 388-437-0010 Pandemic EBT benefits, to implement pandemic EBT benefits as provided under H.R. 6201, The Families First Coronavirus Response Act.
 
 
WSR
20-14-030
Filed
6/24/2020
Division of Child Support
 
388-14A
The department is planning to amend sections in child support rules to establish 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
The department is planning to amend, adopt, or repeal sections in child support rules to: (1) Implement ESSB 6037 (chapter 6, Laws of 2018) and the technical corrections made to ESSB 6037 by SSB 5333 (chapter 46, Laws of 2019); and (2) update terminology, clarify, and streamline the rules and procedures regarding parentage from the Uniform Parentage Act (adopted as chapter 26.26A RCW) to conform with current state and federal laws.
WSR
20-07-090
Filed
3/17/2020
 
 
 
388-14A-2210
The department is creating to clarify that temporary procedures employed by USPS are acceptable for purposes of certified mail service.
WSR
20-09-148
Filed
4/22/2020
 
WSR
20-09-081
Filed
4/14/2020
 
388-14A
The department is planning to amend child support rules involving income calculation and other related rules as may be required.
WSR
20-14-021
Filed
6/22/2020
 
WSR
20-14-018
Filed
6/22/2020
Executive
Office of the Secretary Headquarters Units
 
388-02-0075
The department is filing this emergency in response to the public health crisis created by the COVID-19 virus (commonly referred to as the "coronavirus"). This emergency allows electronic filing and electronic distribution of notices and orders to the office of administrative hearings via email by striking the email prohibition, adding a provision for email filing with the office of administrative hearings, and adding clarifying language.
 
 
WSR
20-08-049
Filed
3/25/2020
Katherine Vasquez
Rules Coordinator