Purpose for Rule Making
Aging and Long-Term Support Administration
Home and Community Services Division
New chapter in Title 388 WAC; chapters 388-71, 388-106, 388-113, and 388-114 WAC
The department is planning to create a new chapter, amend these and other related rules as may be required.
WAC 388-71-0100 through 388-71-01281
The department is planning to amend rules and create a new chapter for adult protective services, add a definition, include the petition process for nursing assistants, and other related rules as may be required.
The department is amending "What is an assessment?"
The department is amending "Who is required to obtain certification as a home care aide, and when?" to clarify how to interpret the long term care worker qualifications and requirements that have specific time periods for compliance when there has been a period of time in which the underlying requirements were suspended and waived in whole or part by emergency proclamation by the governor.
Residential Care Services Division
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 character, competence, and suitability determinations between home and community services, residential services, and developmental disabilities administration (DDA).
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 maybe required.
Chapter 388-76 WAC
The department is considering adding new sections and repealing and amending existing sections in "adult family home minimum licensing requirements."
Chapter 388-107 WAC
The department is considering adding new sections and repealing and amending existing sections in "licensing requirements for enhanced services facilities."
Chapter 388-76 WAC
The department is considering amending "adult family home minimum licensing requirements."
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).
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 rules 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.
388-97-0120, 388-97-0920, 388-97-1000, 388-97-1020, 388-97-1915, 388-97-1975
The department is amending rules 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.
388-78A-2524, 388-78A-2525, 388-78A-2526
The department is temporarily amending rules 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.
The department is amending 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.
Chapter 388-107 WAC
The department is considering amending these and other related rules as may be required to implement SHB 2448 (chapter 278, Laws of 2020).
The department is amending rules to assure nursing homes are not significantly impeded from [no further information supplied by agency].
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.
The department is amending sections in chapter 388-76 WAC, Adult family home minimum licensing requirements, including building codes—Structural requirements, grab bars and hand rails, and other related rules as may be required.
The department is amending to assure certified community residential services and supports service providers are not significantly impeded from providing services and support to clients during the COVID-19 pandemic.
The department is considering amending compliance, and other related rules as may be required.
The department is amending WAC 388-97-1380 and 388-97-1580 to assure nursing homes are not obstructed from offering the COVID-19 vaccine to residents and staff because of clinical interference from required TB testing.
Behavioral Health Administration
Chapter 388-878 WAC
The department is planning to develop rules for the conditions of participation in the outpatient competency restoration program, within the framework of the forensic mental health care system.
Developmental Disabilities Administration
The department is amending to make temporary modifications to DDA's home and community based services waivers to control the spread of the COVID-19 virus and to meet immediate health and safety needs.
Chapter 388-828 WAC
The department is planning to amend to implement the consumer-directed employment program and align with changes being made to modernize the comprehensive assessment reporting evaluation (CARE) system.
Chapter 388-826 WAC
The department is planning to align with recent amendments to chapter 74.13 RCW regarding "out-of-home services," currently referred to as "voluntary placement services" in chapter 388-826 WAC.
388-101D-0065; chapter 388-825 WAC;
The department is planning to amend these and other related rules as may be required to implement the consumer-directed employer program and align with changes being made to modernize the CARE system. DDA is also planning to amend rules to align with amendments being made by the aging and long-term support administration to chapters 388-71 WAC and 388-113 WAC.
WAC 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 to add overnight planned respite services providers, to correct and clarify terminology used, and add a new section about client rights.
Chapter 388-829Z WAC
The department is planning to create a new chapter for emergency transitional respite, and create or amend other related rules as may be required.
The department is enacting these changes to align chapter 388-845 WAC with home and community based services waiver amendments approved by the Centers for Medicare and Medicaid Services.
The department is planning to amend these and other related rules as may be required to align with changes made to the diagnostic statistical manual and clarify rule language as requested by stakeholders.
Chapter 388-847 WAC
The department is considering creating a new chapter and amending other related rules as may be required to govern the new stabilization, assessment, and intervention facility program.
The department [is] planning to amend this and other related rules as may be required to add more provider types.
The department is amending this and other related rules as may be required regarding suspending and terminating a client's residential services.
Economic Services Administration
Community Services Division
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").
388-447-0005, 388-447-0010, 388-447-0110, 388-449-0010, 388-449-0015, 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 cash benefits end?
The department is creating changes to food assistance in response to the COVID-19 pandemic, to implement changes to food assistance benefit issuances for March and April 2020 as provided in the Families First Coronavirus Response Act (H.R. 6201) Section 2302.
Chapter 388-76 WAC
The department is considering amending to incorporate ESHB 1023, 2020 regular session, into the rules.
The department is amending TANF/SFA time limit extensions, to add a TANF time limit extension hardship category related to impacts of the COVID-19 pandemic (commonly known as the "coronavirus").
388-436-0040, 388-436-0050, 388-436-0055
The department is amending excluded income and resources for CEAP; determining financial need and benefit amount for CEAP; and what is the disaster cash assistance program (DCAP)? These amendments are necessary to expand consolidated emergency assistance and related disaster cash assistance program during the statewide public health crisis created by the COVID-19 virus (commonly referred to as the "coronavirus").
The community services division 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.
The department is creating WAC 388-434-0015, Extension of certification periods and waiver of eligibility reviews and midcertification reviews during the COVID-19 pandemic.
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 to ensure rules are consistent with FNS and Supplemental Nutrition Assistance Program (SNAP) regulations and formal guidance.
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.
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.
The department is adopting a new WAC and amending Social Security number requirements, to align rule language more closely with federal regulation governing SNAP.
The department is adopting availability of pandemic EBT benefits, to describe the eligibility of children under age five, place a deadline on receipt of all Pandemic EBT (P-EBT) applications, and place a deadline on the receipt of P-EBT benefits.
388-450-0185, 388-450-0190, 388-450-0195, 388-478-0060
The department is amending "What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?; How does the department figure my shelter cost income deduction for basic food?; Does the department use my utility costs when calculating my basic food or WASHCAP benefits?; and What are the income limits and maximum benefit amounts for basic food?" to implement annual adjustments to standards for the basic food program.
The department is planning to amend WorkFirst-sanctions; and other related rules as may be required.
The department is proposing amendments to How often does the department review my eligibility for benefits?
The department is planning to amend "How do I receive my benefits?" and other related rules as may be required.
Division of Child Support
Chapter 388-14A WAC
The department is planning to amend sections in 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.
Chapter 388-14A WAC
The department is planning to amend, adopt, or repeal sections to do the following: (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 and 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.
The department is creating a new rule [to] clarify that temporary procedures employed by the United States Postal Service are acceptable for purposes of certified mail service.
Chapter 388-14A WAC
The department is planning to amend WAC 388-14A-3205 and other related rules as may be required involving division of child support income calculation.