WSR 21-16-025
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed July 23, 2021, 3:18 p.m.]
Following is the department of social and health services (DSHS) semi-annual rule-making agenda for July 1 - December 31, 2021. 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, 2021
Administration/
Division
WAC
Sections
Purpose for Rule Making
CR-101
Filings
CR-102 and CR-105Filings
CR-103E
Filings
Aging and Disability Services Administration
Home and Community Services Division
 
Chapters 388-71, 388-106, 388-113, 388-114 WAC; and creating a new chapter in Title 388 WAC
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 20-08-093
Filed 3/30/2020
WSR 21-10-094
Filed 5/4/2021
 
 
388-71-0975
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 in rule 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.
WSR 21-01-121
Filed 12/15/2020
 
WSR 21-01-018
Filed 12/3/2020
 
New section in chapter 388-106 WAC
The department is planning to add a new section in chapter 388-106 WAC for long-term services and supports presumptive eligibility, and may amend other related rules as may be required.
WSR 21-09-071
Filed 4/20/2021
 
 
 
388-106-0250
The department is planning to amend "What is the roads to community living demonstration project and who is eligible?" and other related rules as may be required.
WSR 21-09-080
Filed 4/20/2021
WSR 21-14-082
Filed 7/6/2021
 
 
388-106-0275
The department is planning to amend "Are there limits to the community transition services I may receive?" and other related rules as may be required.
WSR 21-11-022
Filed 5/11/2021
 
 
 
388-112A-1240
The department is planning to amend this rule and add a new section in chapter 388-112A WAC, Residential long-term care services training. The department may amend other related rules as required.
WSR 21-11-023
Filed 5/11/2021
WSR 21-14-098
Filed 7/7/2021
 
Management Services Division
 
388-96-107
The department is amending WAC 388-96-107 Requests for extensions.
 
 
WSR 21-07-106
Filed 3/22/2021
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).
WSR 18-17-159
Filed 8/21/2018
 
 
 
Chapter 388-97 WAC
The department is considering adding new sections and repealing and amending existing sections in "Nursing homes" and other related rules as maybe required.
WSR 18-17-175
Filed 8/22/2018
 
 
 
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 8/22/2018
 
 
 
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 8/22/2018
 
 
 
Chapter 388-97 WAC; 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
 
 
 
Chapter 388-97 WAC
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
 
 
 
Chapter 388-107 WAC
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
 
 
 
Chapter 388-76 WAC
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
 
 
 
Chapter 388-78A WAC
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
 
 
 
388-97-0001, 388-97-1090
DSHS, aging and long-term support administration, 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 21-10-084
Filed 5/3/2021
WSR 20-08-101
Filed 3/30/2020
 
 
 
Chapter 388-76 WAC
The department is considering amending to incorporate ESHB 1023, 2020 regular session, into the rules.
WSR 20-08-110
Filed 3/31/2020
 
 
 
388-107-0460, 388-76-10265, 388-76-10285, 388-76-10290, 388-78A-2480, 388-78A-2484, 388-78A-2485, 388-101D-0650, 388-101D-0660, 388-107-0460, 388-107-0490
The department is temporarily repealing or amending these WAC to assure [ensure] 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 20-16-069
Filed 7/29/2020
 
WSR 21-15-113
Filed 7/21/2021
WSR 21-07-109
Filed 3/23/2021
WSR 20-24-060
Filed 11/24/2020
WSR 20-16-102
Filed 7/31/2020
WSR 20-09-009
Filed 4/2/2020
 
388-97-0120, 388-97-1000, 388-97-1020, 388-97-1915, 388-97-1975; and repealing 388-97-0920
The department is amending these to [ensure] assure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak.
WSR 21-11-062
Filed 5/14/2020
WSR 20-17-005
Filed 8/5/2020
 
WSR 21-11-018
Filed 5/10/2021
WSR 21-08-055
Filed 4/5/2021
WSR 21-01-035
Filed 12/7/2020
WSR 20-17-048
Filed 8/11/2020
WSR 20-09-074
Filed 4/13/2020
 
388-78A-2524, 388-78A-2525, 388-78A-2526
The department is temporarily amending WAC to assure [ensure] 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 20-17-085
Filed 8/13/2020
 
WSR 21-09-046
Filed 4/15/2021
WSR 21-01-129
Filed 12/16/2020
WSR 20-18-001
Filed 8/20/2020
WSR 20-10-005
Filed 4/23/2020
 
388-97-1260
The department is amending WAC to assure [ensure] 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 20-17-133
Filed 8/18/2020
 
WSR 21-09-061
Filed 4/19/2021
WSR 21-01-192
Filed 12/22/2020
WSR 20-18-022
Filed 8/26/2020
WSR 20-10-034
Filed 4/28/2020
 
Chapter 388-107 WAC
The department is considering amending chapter 388-107 WAC 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 to assure [ensure] nursing homes are not significantly impeded from [no further information provided].
WSR 20-19-009
Filed 9/3/2020
 
WSR 21-10-073
Filed 5/3/2021
WSR 21-02-074
Filed 1/5/2021
WSR 20-19-040
Filed 9/10/2020
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 [ensure] nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak.
WSR 20-21-034
Filed 10/12/2020
 
WSR 21-13-069
Filed 6/14/2021
WSR 21-05-059
Filed 2/16/2021
WSR 20-21-086
Filed 10/21/2020
WSR 20-14-026
Filed 6/23/2020
 
388-101-3130
The department is amending WAC to assure [ensure] certified community residential services and supports service providers are not significantly impeded from providing services and support to clients during the COVID-19 pandemic.
WSR 20-24-092
Filed 11/25/2020
 
WSR 21-08-036
Filed 4/1/2021
WSR 21-01-010
Filed 12/3/2020
WSR 20-17-012
Filed 8/6/2020
 
388-101-3020
The department is considering amending "compliance" and other related rules as may be required.
WSR 20-23-054
Filed 11/13/2020
 
 
 
388-97-1380, 388-97-1580
The department is amending WAC to assure [ensure] nursing homes are not obstructed from offering the COVID-19 vaccine to residents and staff because of clinical interference from required TB testing.
WSR 21-11-061
Filed 5/14/2021
 
WSR 21-11-069
Filed 5/17/2021
WSR 21-04-020
Filed 1/25/2021
 
New section in chapter 388-97 WAC
The department is considering adding a new section in chapter 388-97 WAC, Nursing homes, and amending other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).
WSR 21-14-046
Filed 7/1/2021
 
 
 
388-97-1080, 388-97-1090
The department is considering amending nursing services, direct care hours, and other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).
WSR 21-14-049
Filed 7/1/2021
 
 
 
388-97-1660
The department is considering amending staff and equipment, and other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).
WSR 21-14-051
Filed 7/1/2021
 
 
Behavioral Health Administration
 
Chapter 388-878 WAC
The department is planning to amend the chapter 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 21-08-091
Filed 4/7/2021
WSR 20-08-116
Filed 3/31/2020
WSR 21-12-090
Filed 6/1/2021
 
Developmental Disabilities Administration
 
388-845-2019
The department is adopting on an emergency basis 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.
WSR 20-15-010
Filed 7/2/2020
 
WSR 21-12-049
Filed 5/26/2021
WSR 21-06-036
Filed 2/24/2021
WSR 20-22-035
Filed 10/27/2020
WSR 20-14-101
Filed 6/30/2020
WSR 20-08-056
Filed 3/25/2020
 
Chapter 388-828 WAC
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 system.
WSR 20-08-058
Filed 3/25/2020
WSR 21-12-048
Filed 5/26/2021
 
 
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
 
 
 
Chapter 388-829Z WAC
The department is planning to create emergency transitional respite, and create or amend other related rules as may be required.
WSR 20-16-138
Filed 8/3/2020
 
 
 
388-845-0001
DDA 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.
WSR 20-20-100
Filed 10/5/2020
WSR 21-12-031
Filed 5/24/2021
WSR 21-13-040
Filed 6/10/2021
WSR 21-06-028
Filed 2/23/2021
WSR 20-22-032
Filed 10/26/2020
WSR 20-20-068
Filed 10/1/2020
 
New chapter 388-847 WAC
The department is considering creating a new chapter and amending other related rules as may be required.
WSR 21-01-111
Filed 12/14/2020
 
 
 
388-101D-0200
Service provider refusal to serve a client and other related rules as may be required regarding suspending and terminating a client's residential services.
WSR 21-03-042
Filed 1/14/2021
 
 
 
388-101D-0500
WAC 388-101D-0500 and other related rules as may be required.
WSR 21-09-085
Filed 4/21/2021
WSR 21-13-082
Filed 6/16/2021
 
 
388-829C-131
Companion homes and other related rules as may be required.
WSR 21-10-093
Filed 5/4/2021
 
 
Economic Services Administration
Community Services Division
 
388-412-0046
The department is proposing to amend "What is the purpose of DSHS cash and food assistance benefits and how can I use my benefits?" and other related rules as appropriate.
WSR 21-14-116
Filed 7/7/2021
 
 
 
388-450-0100
The department is proposing to amend allocating income-definitions.
 
WSR 21-15-060
Filed 7/15/2021
 
 
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").
WSR 20-16-129
Filed 8/3/2020
WSR 21-12-087
Filed 6/1/2021
WSR 21-09-062
Filed 4/19/2021
WSR 20-19-072
Filed 9/14/2020
WSR 20-17-069
Filed 8/13/2020
WSR 20-09-102
Filed 4/16/2020
 
388-444-0015, 388-444-0025
The community services division is planning to amend "How can the basic food employment and training 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
WSR 21-09-075
Filed 4/20/2021
 
 
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
WSR 21-12-076
Filed 5/28/2021
 
 
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
WSR 21-11-046
Filed 5/13/2021
WSR 20-23-050
Filed 11/12/2020
WSR 21-12-005
Filed 5/19/2021
WSR 21-04-110
Filed 2/1/2021
 
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
WSR 21-11-068
Filed 5/17/2021
WSR 21-08-072
Filed 4/6/2021
WSR 20-20-086
Filed 10/5/2020
 
 
388-437-0015, 388-476-0005
The department is adopting new WAC and amending "Social Security number requirements" to align rule language more closely with federal regulation governing the supplemental nutrition assistance program (SNAP).
WSR 21-03-009
Filed 1/8/2021
WSR 20-22-079
Filed 11/3/2020
WSR 21-10-055
Filed 4/29/2021
WSR 21-11-005
Filed 5/7/2021
WSR 21-03-014
Filed 1/8/2021
WSR 20-16-084
Filed 7/30/2020
 
388-437-0020
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.
 
 
WSR 20-19-088
Filed 9/16/2020
WSR 20-19-059
Filed 9/11/2020
 
388-412-0025
The department is planning to amend "How do I receive my benefits?" and other related rules as may be required.
WSR 21-07-128
Filed 3/23/2021
WSR 20-22-077
Filed 11/3/2020
 
 
 
388-439-0005, 388-439-0010, 388-439-0015, 388-439-0020, 388-439-0025
The department is adopting "What is the pandemic EBT program?"; "Eligibility of pandemic EBT benefits for the 2020-2021 school year"; and "General information about pandemic EBT benefits"; "Eligibility for pandemic EBT benefits for children under age six"; and "Eligibility for pandemic EBT benefits during the 2021 summer period."
 
 
WSR 21-16-017
Filed 7/23/2021
WSR 21-08-010
Filed 3/26/2021
 
388-437-0002
The department is adopting "What is the minimum emergency food assistance allotment an assistance unit may receive?" to expand adjustments to food assistance benefit issuances implemented under the Families First Coronavirus Response Act (H.R. 6201, Section 2302) and updated guidance from Food and Nutrition Services issued on April 1, 2021.
 
 
WSR 21-09-036
Filed 4/13/2021
 
388-437-0005
The department is amending "Changes to food assistance in response to the COVID-19 pandemic" to define that households that receive a zero benefit are not eligible for emergency adjustments to food assistance benefit issuances implemented under the Families First Coronavirus Response Act (H.R. 6201, Section 2302).
 
 
WSR 21-10-048
Filed 4/28/2021
 
388-424-0001, 388-400-0010, 388-424-0030, 388-424-0010, 388-424-0015, 388-424-0009; and chapter 388-490 WAC
The department is planning to amend "Citizenship and alien status—Definitions"; "Who is eligible for state family assistance?"; "How does my alien status impact my eligibility for state-funded benefits under the food assistance program?"; "Citizenship and alien status—Eligibility for TANF"; "Immigrant eligibility restrictions for the state family assistance, ABD cash and PWA programs"; "Citizenship and alien status—Social Security number (SSN) requirements"; and other related rules as appropriate. The department is also planning to adopt a new section to "Verification."
WSR 21-11-067
Filed 5/14/2021
 
 
 
388-480-0001
The department is proposing to amend "Does being on strike impact my eligibility for the Washington basic food program?"
 
 
 
 
388-478-0020, 388-478-0027, 388-478-0035, 388-436-0050
The department is planning to amend "Payment standards for TANF, SFA and RCA"; "What is the payment standard for pregnant women assistance (PWA)"; "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 appropriate.
WSR 21-13-014
Filed 6/7/2021
 
WSR 21-13-114
Filed 6/21/2021
 
388-432-0005
The department is planning to amend "Can I get help from DSHS for a family emergency without receiving monthly cash assistance?" and other related rules as appropriate.
WSR 21-13-016
Filed 6/8/2021
 
WSR 21-14-032
Filed 6/29/2021
 
388-412-0015
The Consolidated Appropriations Act of 2021, P.L. 116-260, enacted December 27, 2020, increased the minimum allotment for SNAP (basic food) from $16.00 to $19.00. The American Rescue Plan Act of 2021, P.L. 117-2, enacted March 11, 2021, made this change effective through September 30, 2021.
 
 
WSR 21-13-021
Filed 6/8/2021
 
388-310-0800
The department is amending WorkFirst—Support services, to expand access of support services during the time of and recovery from the COVID-19 pandemic.
WSR 21-13-124
Filed 6/21/2021
 
WSR 21-13-031
Filed 6/10/2021
 
388-444-0010
The department is proposing to amend "Who is exempt from work registration while receiving basic food?" and other related rules as may be required.
WSR 21-13-107
Filed 6/18/2021
 
 
 
388-484-0006
The department is proposing to amend TANF/SFA time limit extensions, and other related rules as may be required.
WSR 21-13-126
Filed 6/22/2021
 
WSR 21-14-031
Filed 6/29/2021
 
388-449-0200
The department is planning to amend "Am I eligible for cash assistance for aged, blind, or disabled (ABD) while waiting for supplemental security income (SSI)?"; WAC 388-449-0001 What are the disability requirements for the aged, blind, or disabled (ABD) program?; and other related rules as appropriate.
WSR 21-13-157
Filed 6/22/2021
 
 
 
388-474-0020
The department is planning to amend "What can an aged, blind or disabled (ABD) cash assistance client expect when supplemental security income (SSI) benefits begin?" and other related rules as appropriate.
WSR 21-13-158
Filed 6/22/2021
 
 
Division of Child Support
 
Chapter 388-14A WAC
The department is planning to amend sections in this chapter 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
 
 
 
Chapter 388-14A WAC
The division of child support (DCS) is planning to amend, adopt, or repeal sections in this chapter 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 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.
WSR 20-07-090
Filed 3/17/2020
 
 
 
388-14A-2210
The department is creating WAC 388-14A-2210 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 21-09-003
Filed 4/7/2021
WSR 21-01-040
Filed 12/8/2020
WSR 20-17-060
Filed 8/12/2020
WSR 20-09-081
Filed 4/14/2020
 
388-14A-3205
The department is planning to amend this chapter and other related rules as may be required involving DCS income calculation.
WSR 20-14-021
Filed 6/22/2020
 
WSR 20-22-046
Filed 10/28/2020
WSR 20-14-018
Filed 6/22/2020
 
Chapter 388-14A WAC
The department is amending this chapter to implement SHB 2302 (chapter 227, Laws of 2020) regarding incarceration abatement.
WSR 21-05-061
Filed 2/16/2021
 
WSR 21-13-094
Filed 6/18/2021
WSR 21-06-023
Filed 2/22/2021
WSR 21-05-011
Filed 2/4/2021
Executive
 
 
 
 
 
Division of Vocational Rehabilitation
 
388-891A-0220
What is the client assistance program?
 
WSR 21-14-036
Filed 6/29/2021
 
Katherine Vasquez
Rules Coordinator