WSR 23-16-076
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed July 28, 2023, 11:38 a.m.]
Following is the department of social and health services (DSHS) (department) semi-annual rule-making agenda for July 1 - December 31, 2023. 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, 2023
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
 
388-71-0975
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 (LTCW) qualifications and requirements in statute and 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
 
Chapter 388-106 WAC
The department is planning to add a new section for long-term services and supports (LTSS) presumptive eligibility and may amend other related rules as may be required.
WSR 21-09-071
Filed 4/20/2021
WSR 23-10-058
Filed 5/1/2023
 
 
388-106-0010, 388-106-0130
The department is considering amending What definitions apply to this chapter?, How does the department determine the number of hours I may receive for in-home care?, and other related rules as required.
WSR 22-12-084
Filed 5/31/2022
WSR 23-08-041
Filed 3/29/2023
 
 
388-71-0503, 388-106-0010, 388-106-0060, 388-115-0516
The department is planning to amend WAC to support the passage of SB 5866, an act relating to medicaid LTSS eligibility determinations being completed by federally recognized Indian tribes. Including the following WAC: What definitions apply to WAC 388-71-0500 through 388-71-05640?, What definitions apply to this chapter?, Who must perform the assessment?, What are the responsibilities of the consumer directed employer when providing care to a client?, and other related rules as required.
WSR 22-13-116
Filed 6/16/2022
 
 
 
388-112A-0081, 388-71-0876
When must LTCWs who were working or hired during the COVID-19 public health emergency complete training, including required specialty training? and When must LTCWs who were working or hired during the COVID-19 public health emergency complete training, including required specialty training? The department is requiring that LTCWs complete training and certification by certain dates in response to the COVID-19 public health emergency. The department divided the group of LTCWs into cohorts based on the employee's date of hire or rehire. The rule requires each cohort to complete the requirements by deadlines in rule with the "oldest" LTCWs having the first deadline and then working through the groups chronologically. The department is extending the deadline of the first cohort by folding them into the second cohort deadline.
WSR 23-11-075
Filed 5/17/2023
 
WSR 23-16-019
Filed 7/20/2023
WSR 23-09-052
Filed 4/17/2023
WSR 23-04-055
Filed 1/27/2023
WSR 22-22-043
Filed 10/26/2022
 
388-106-0336
The intent is to amend to add a new service, community stability supports, under the residential support waiver. Minor language changes may also be made for consistency in service language.
WSR 23-05-081
Filed 2/14/2023
 
 
 
388-112A-0613, 388-71-0992
The department is providing an extended time for LTCWs to complete continuing education (CE) requirements in response to the COVID-19 public health emergency and will be granting 12 hours of on-the-job training CE. A set deadline of 120 days after the gubernatorial waivers to complete any other CE that may become due while the waivers were in place.
 
 
WSR 23-13-091
Filed 6/20/2023
WSR 23-06-023
Filed 2/22/2023
 
388-112A-0310, 388-112A-0320, 388-71-0906, 388-71-0911
Removing references to HIV/AIDS training from the basic training requirements in existing rules as they are no longer required.
 
CR-105
WSR 23-14-111
Filed 7/5/2023
 
 
Chapters 388-71, 388-112A, and 388-115 WAC
In response to E2SHB 1694 (chapter 424, Laws of 2023), dealing with date of hire reset, additional family relationships related to LTCW training and CE.
WSR 23-15-074
Filed 7/17/2023
 
WSR 23-16-033
Filed 7/21/2023
Management Services Division
 
388-96-918
The department intends to amend chapter 388-96 WAC regarding its nursing facility medicaid methodology to implement a low-wage worker wage equity funding and verification and other related rules as may be required.
WSR 22-13-097
Filed 6/14/2022
WSR 23-15-114
Filed 7/19/2023
 
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," 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
 
 
 
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 388-97 WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "nursing homes" related to tuberculosis (TB) 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 TB 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 TB 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 TB screening.
WSR 19-18-062
Filed 9/3/2019
 
 
 
388-107-0460, 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 to assure [ensure] long-term care programs are not significantly impeded during the hiring process due to inability to access the TB testing required as a part of the hiring process (COVID-19).
WSR 20-16-069
Filed 7/29/2020
 
WSR 22-07-004
Filed 3/3/2022
WSR 21-23-015
Filed 11/5/2021
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
 
Chapter 388-107 WAC
The department is considering adding a new section in licensing requirements for enhanced services facilities, and amending other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).
WSR 21-17-121
Filed 8/17/2021
 
 
 
Chapter 388-78A WAC
The department is considering adding a new section in assisted living facility licensing rules, and amending other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).
WSR 21-17-123
Filed 8/17/2021
 
 
 
Chapter 388-76 WAC
The department is considering adding a new section in adult family home minimum licensing requirements, and amending other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).
WSR 21-18-001
Filed 8/18/2021
 
 
 
388-97-0140
The department is amending to waive and suspend the requirement for nursing homes to suspend transfers and discharges pending the outcome of a resident appeal of the nursing home transfer or discharge decision. The COVID-19 pandemic continues to require more rapid transfers and discharges than the rule permits. This emergency rule waives the requirement for nursing homes to suspend transfers and discharges pending the outcome of a resident appeal hearing and improves resident safety by allowing faster grouping of COVID-19 positive residents in one facility or grouping asymptomatic residents together. This helps expedite infection control processes and maximizes the availability of nursing home beds. Also, WAC 388-97-0120 and 388-97-0130.
WSR 22-08-060
Filed 4/4/2022
 
WSR 23-07-108
Filed 3/20/2023
WSR 22-23-155
Filed 11/22/2022
WSR 22-16-063
Filed 7/29/2022
WSR 22-08-062
Filed 4/4/2022
WSR 22-01-072
Filed 12/10/2021
WSR 21-24-069
Filed 11/30/2021
 
Chapters 388-76, 388-78A, 388-97, and 388-107 WAC
The department is considering amending [rules] to implement specific sections to SHB 1218. The department may amend other related rules as necessary. The department is considering amending the rules to adopt requirements for providers to publicly post stop placement orders, adopt requirements for providers to create and maintain resident rosters as well as responding to requests from ombuds for roster information, incorporate new definition of resident representative, and replace the phrase "his or her" with appropriate gender-neutral terms.
WSR 22-04-046
Filed 1/26/2022
 
 
 
Chapters 388-76, 388-78A, 388-97, and 388-107 WAC
The department is considering amending [rules] to implement specific sections to SHB 1218. The department may amend other related rules as necessary to meet the legislative intent of SHB 1218. The department is considering amending the rules to add requirements related to [the] facility communication system, resident access to communications, and facility responsiveness to outside communications. Comprehensive disaster preparedness plans and related policies and procedures and equipment for a range of potential hazards, emergencies, and disasters. Visitation of essential support persons. Resident's rights to a safe and healthy environment.
WSR 22-04-047
Filed 1/26/2022
 
 
 
Chapter 388-76 WAC
The department is considering amending adult family home minimum licensing requirements, to address a process gap that occurs when residents transfer or discharge from adult family homes and prescription medications for those residents [to] continue to be filled by pharmacies. These filled prescriptions may not be returned to the pharmacy and are subject to diversion and misuse by others. The department may amend other related rules as appropriate.
WSR 22-23-041
Filed 11/8/2022
 
 
 
Chapter 388-76 WAC
The department is considering amending the following section in adult family home minimum licensing requirements: WAC 388-76-10750 Safety and maintenance. The intent is to provide clarity about access to hand sanitizer in compliance with infection control, safety, and maintenance regulations in adult family homes. Homes must meet infection control requirements while also ensuring resident safety. The department may amend other related rules as appropriate.
WSR 22-24-012
Filed 11/29/2022
 
 
 
388-97-1081, 388-97-1082, 388-97-1091
The department is amending the rules to ensure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak, to implement section 6 of ESHB 1120 (chapter 203, Laws of 2021). Exceptions to requirements in RCW 74.42.360 (2) through (4) retroactively to October 27, 2022.
WSR 21-14-049
Filed 7/1/2021
 
WSR 23-12-069
Filed 6/6/2023
WSR 23-05-041
Filed 2/9/2023
 
Chapter 388-97 WAC
Combining former WSR 20-17-005, 20-17-133, 20-19-009, 20-21-034 and 21-11-061. Nursing homes, post pandemic: WAC 388-97-0300, 388-97-0920, 388-97-1000, 388-97-1020, 388-97-1260, 388-97-1380, 388-97-1580, 388-97-1740, 388-97-1760, 388-97-2400, and new sections to show what was in place during the COVID-19 pandemic.
 
WSR 23-06-063
Filed 2/28/2023
 
 
Chapters 388-76, 388-78A, 388-97, and 388-107 WAC
The department is considering amending, adding new and amending [repealing] other sections as needed. Regarding Death with Dignity (DWD) (Act), including labeling, documentation, and storage of resident medications, specifically related to the DWD Act.
WSR 23-08-038
Filed 3/29/2023
 
 
 
388-76-10315
The department is considering amending Resident recordRequired. The intent is to help the regulated community comply with the rule by providing clear language about long-term care ombuds access to resident records. The department may amend other related rules as appropriate.
WSR 23-09-049
Filed 4/17/2023
 
 
 
388-101-3020
The department is considering amending Compliance, and adding a new section to chapter 388-101 WAC as necessary to make clear compliance and reporting requirements in the event of an outbreak of a communicable disease or suspected food poisoning, and other related rules as may be required.
WSR 23-13-042
Filed 6/13/2023
 
 
Behavioral Health Administration
 
Chapter 388-878 WAC
The department is planning to develop rules for a leave of absence, amend the procedures for program removal and program end, and update definitions. The department may add new rules or amend other related rules as may be required.
WSR 22-21-057
Filed 10/12/2022
 
 
 
Chapter 388-880 WAC, and other related sections as may be necessary.
WAC hasn't been updated since 2013 and the department has decided to change the name of the treatment program from "sexual predator program" to "sex offense treatment program."
WSR 23-15-035
Filed 7/11/2023
 
 
DDA
 
388-101D-0190, 388-101D-0195, 388-101D-0200
Regarding suspending and terminating a client's residential services and to clarify and update policy and other related rules as may be required.
WSR 22-17-115
Filed 8/22/2022
 
 
 
Chapter 388-845 WAC
These changes are necessary to implement amendments to DDA's home and community-based services (HCBS) waivers as approved by the federal Centers for Medicare and Medicaid Services (CMS). Major changes to the chapter adjust the yearly limits applicable to certain waivers, add assistive technology to multiple waivers, remove the positive behavior support and consultation services from all waivers except the community protection waiver, amend the definition of the specialized evaluation and consultation services, and make other changes necessary to implement amendments to DDA's HCBS waivers as approved by CMS.
WSR 22-18-073
Filed 9/2/2022
WSR 23-12-078
Filed 6/6/2023
WSR 23-14-037
Filed 6/26/2023
WSR 23-06-057
Filed 2/27/2023
WSR 23-02-022
Filed 12/27/2022
WSR 22-18-046
Filed 8/30/2022
 
Chapter 388-833 WAC
And other related rules as may be required.
WSR 23-05-048
Filed 2/9/2023
 
 
 
388-845-0603, 388-845-0610, 388-845-2110
Changes are necessary to amend HCBS waivers by CMS. Amendments remove the prohibition to receive employment services and community inclusion services concurrently.
WSR 23-05-065
Filed 2/13/2023
WSR 23-14-001
Filed 6/21/2023
WSR 23-13-001
Filed 6/7/2023
WSR 23-05-063
Filed 2/13/2023
 
388-823-1095, 388-823-1096
DDA is planning to amend these rules to distinguish more clearly between client rights guaranteed by Washington state statute and federal medicaid requirements for delivering services in integrated settings. There may be additional changes that are necessary to improve clarity or update policy.
WSR 23-08-057
Filed 4/3/2023
 
 
 
388-845-1105, 388-845-1505, 388-845-3062
DDA is enacting these changes on an emergency basis in order to align with amendments to HCBS waivers as approved by CMS.
WSR 23-14-035
Filed 6/26/2023
 
WSR 23-14-033
Filed 6/26/2023
 
388-825-335, 388-825-615, 388-825-620
DDA is enacting these amendments on an emergency basis to align with SB 5252 (2023) and FBI background check requirements.
WSR 23-14-038
Filed 6/26/2023
 
WSR 23-14-032
Filed 6/26/2023
 
388-823-0600, 388-823-0610, 388-823-1005, 388-823-1010
DDA is enacting these changes on an emergency basis to prepare for implementation of HB 1407 (2023) which stipulates that DDA's rules must not "terminate or require redetermination of eligibility for a child under the age of 18 based solely on the child's age if the child has been determined to be eligible for services on or after the child's third birthday."
WSR 23-14-040
Filed 6/26/2023
 
WSR 23-14-039
Filed 6/26/2023
Economic Services Administration
Community Services Division
 
388-439-0005, 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 2020-21 school year, and General information about pandemic EBT benefits. As of July 14, 2023, WAC 388-439-0010 is no longer part of this.
WSR 21-23-108
Filed 11/17/2021
WSR 23-15-080
Filed 7/17/2023
WSR 23-03-096
Filed 1/17/2023
WSR 23-14-093
Filed 6/30/2023
WSR 23-08-017
Filed 3/24/2023
WSR 22-24-057
Filed 12/1/2022
WSR 22-16-097
Filed 8/2/2022
WSR 22-07-068
Filed 3/18/2022
WSR 21-23-112
Filed 11/17/2021
WSR 21-16-017
Filed 7/23/2021
WSR 21-08-010
Filed 3/26/2021
 
388-446-0015, 388-410-0020, 388-410-0030
The department is planning to amend What happens if I receive more basic food, FAP, or WASHCAP benefits than I am supposed to receive?, How does the department calculate and set up my basic food, FAP, or WASHCAP overpayment?, What is an intentional program violation (IPV) and administrative disqualification hearing (ADH) for basic food?, and other related rules as required.
WSR 22-13-019
Filed 6/3/2022
WSR 23-07-082
Filed 3/15/2023
 
 
388-412-0040
Can I get my benefits replaced? to issue replacement benefits to households whose cash benefits were either cloned or skimmed between March 1, 2022, and December 31, 2022. Loss in benefits must be reported to and verified by the department no later than March 31, 2023, and the department will provide a one-time replacement of no more than $300.
WSR 23-10-018
Filed 4/25/2023
 
 
 
388-458-0040, 388-494-0010
The department plans to adopt new section(s) in Title 388 WAC, Diaper related payment, and adopt or amend other related rules as may be required.
WSR 23-06-055
Filed 2/27/2023
WSR 23-13-118
Filed 6/21/2023
 
 
388-414-0001
These amendments replace an obsolete link with a newer Health and Human Services Poverty Guideline website and do not change the effect of the rule. WAC 388-414-0001 Do I have to meet all eligibility requirements for basic food?
 
CR-105
WSR 23-07-098
Filed 3/17/2023
 
 
388-400-0005
The department is planning to amend Who is eligible for temporary assistance for needy families? and other rules as may be required.
WSR 23-10-032
Filed 4/27/2023
 
 
 
388-408-0035, 388-450-0140, 388-489-0005, 388-489-0010
The department is planning to amend these rules related to basic food and transitional food assistance benefits for five months for families that have stopped receiving temporary assistance for needy families (TANF) and are not in a full family sanction.
WSR 23-10-057
Filed 5/1/2023
 
 
 
388-450-0185
The department is proposing amendments to What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits? These amendments correct a typographical error within WAC.
 
CR-105
WSR 23-11-159
Filed 5/24/2023
 
 
388-436-0050, 388-478-0020, 388-478-0027, 388-478-0033, 388-478-0035, and other related rules as may be required
The department is planning to amend WAC to implement an eight percent payment standard increase.
WSR 23-12-062
Filed 6/2/2023
 
 
 
388-310-1600
The department is planning to amend WorkFirst sanctions, and other related rules as appropriate. Amendments will support implementation of 2SHB 1447 (chapter 418, Laws of 2023), which adds good cause reason for failure to participate in WorkFirst activities when the recipient is experiencing a hardship as defined by the department rule.
WSR 23-13-025
Filed 6/9/2023
 
WSR 23-16-012
Filed 7/19/2023
 
388-447-0120, 388-449-0220
The department is planning to amend these and other rules as may be required due to the passage of ESHB 1260 (chapter 289, Laws of 2023). Planned amendments will expand good cause reasons for not participating in substance use disorder assessment or treatment as a condition of eligibility for the ABD, housing and essential needs referral, and PWA programs effective July 23, 2023.
WSR 23-13-026
Filed 6/9/2023
 
WSR 23-16-002
Filed 7/19/2023
 
388-484-0005, 388-484-0006
Five-year time limit extension for TANF, SFA, general assistance for pregnant women cash assistance, and TANF/SFA time limit extensions. Planned amendments will remove 60-month time limit for child-only TANF and SFA households w/an eligible parent.
WSR 23-13-093
Filed 6/20/2023
 
WSR 23-14-070
Filed 6/28/2023
 
388-474-0012, 388-478-0055
Washington state supplemental payment; amendments will update the SSP standard rate for individuals who are receiving care in a medical institution or residential setting. Based on Washington state personal needs allowance which will increase due to HB 1128 (chapter 201, Laws of 2023), effective July 1, 2023.
WSR 23-14-068
Filed 6/28/2023
 
WSR 23-14-065
Filed 6/28/2023
Division of Child Support (DCS)
 
Chapter 388-14A WAC
DCS proposes to amend, adopt, or repeal as needed, various sections in the chapter to make the administrative support establishment process more efficient and user-friendly as we: (1) Implement ESSB 6037 (chapter 6, Laws of 2018, which adopted the 2017 version of the Uniform Parentage Act), and the technical corrections made to that bill by SSB 5333 (chapter 46, Laws of 2019); as well as (2) update terminology and to clarify and streamline the rules and procedures regarding parentage to conform with current state and federal laws.
WSR 22-15-050
Filed 7/15/2022
 
 
Executive
Division of Vocational Rehabilitation (DVR)
 
388-891A-0610, 388-891-0890
Amending to remove references in WAC to post-employment services provided by DVR as being available to the customer post exit.
WSR 22-12-030
Filed 5/24/2022
 
WSR 23-10-044
Filed 4/27/2023
WSR 23-02-044
Filed 12/30/2022
WSR 22-18-090
Filed 9/7/2022
WSR 22-11-034
Filed 5/11/2022
Office of the Secretary
 
Chapter 388-01 WAC
OIG; organization/disclosure of public records and other related rules as appropriate.
WSR 22-14-033
Filed 6/27/2022
WSR 23-10-046
Filed 4/27/2023
 
Katherine I. Vasquez
Rules Coordinator