WSR 25-04-079
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed January 31, 2025, 3:09 p.m.]
Following is the department of social and health services (department) semi-annual rule-making agenda for January 1 - June 30, 2025. 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 department rules under development at this time. There may be additional rule-making activity as the department responds to legislative actions, to comply with federal mandates, or to meet unforeseen circumstances.
Semi-Annual Rule-Making Agenda
January 1 - June 30, 2025
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
 
388-106-0010, 388-106-0060, 388-115-0516, 388-71-0503
The department is planning to amend WAC to support the passage of SB 5866, an act relating to medicaid long-term services and supports eligibility determinations being completed by federally recognized Indian tribes. The department is planning to amend What definitions apply to WAC 388-71-0500 through 388-71-05640?, What definitions apply to this chapter?, Who must perform the assessment?, and 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
WSR 24-24-078
Filed 12/2/2024
 
 
388-112A-0118
What documentation is required for completion of each training?, related to documentation of facility orientation.
WSR 24-03-107
Filed 1/18/2024
 
 
 
388-106-0010, 388-106-0090
The department is planning to amend What definitions apply to this chapter? and How does the CARE tool measure cognitive performance?, and other related rules as may be required.
WSR 24-13-075
Filed 6/17/2024
 
 
 
388-115-0523, 388-71-0523, 388-71-0880, 388-71-0888, 388-71-0890, 388-71-0977
The purpose of these changes is to bring rules into compliance with SB 5811 (chapter 322, Laws of 2024), passed during the 2024 legislative session. This rule making expands the definition of individual provider. Permanent rules are in process.
WSR 24-14-086
Filed 6/28/2024
WSR 24-19-048
Filed 9/11/2024
WSR 24-22-004
Filed 10/23/2024
WSR 24-14-083
Filed 6/28/2024
 
New chapter 388-05B
New chapter 388-05B WAC, Electronic visit verification system requirements, and other related rules as may be required.
WSR 24-18-008
Filed 8/22/2024
 
 
 
388-112A-0010
The department is planning to amend a section in the residential long-term care services training chapter under What definitions apply to this chapter? The purpose of the amendment is to correct an error in an RCW reference in WAC 388-112A-0010(2). The RCW reference number is incorrect and should be RCW 41.56.029.
 
CR-105
WSR 24-21-055
Filed 11/6/2024
 
 
388-71-1055, 388-71-1064, 388-112A-1240, 388-112A-1250
The amendments are related to the minimum qualifications for an instructor for adult education, nurse delegation core, and specialized diabetes trainings when the instructor only teaches at the facility or corporation where they are employed.
Other necessary changes and corrections related to numerical representation, consistency, inclusive language, and other related rules as may be required.
WSR 24-22-012
Filed 10/24/2024
 
 
 
388-71-0985, 388-112A-0600
These sections are titled Continuing education and what topics may be covered in continuing education? The purpose of these changes includes clarification, updating acceptable reasons for repeating continuing education courses, and other related rules as may be required.
WSR 24-23-007
Filed 11/7/2024
 
 
 
388-71-1031, 388-112A-1010
The department is considering amendments to What is the curriculum approval process for orientation, safety, the 70-hour basic training population specific training, the 30-hour basic training, the seven-hour parent provider training, and continuing education?, and What is the curriculum approval process for orientation, safety training, basic training, population specific training, specialty training, residential care administrator training, and continuing education? These rules are related to curriculum approval. Other necessary changes and corrections related to grammar, numerical representation, consistency, and inclusive language may also be included. The department may amend other related rules as required.
WSR 24-24-053
Filed 11/26/2024
 
 
Management Services Division
 
388-96-738
What default case mix group and weight must the department use for case mix grouping when there is no minimum data set resident assessment for a nursing facility resident?, and other related sections as are necessary.
WSR 24-14-072
Filed 6/28/2024
 
 
 
388-96-809
Change of ownership—Final reports—Settlement securities, and other related rules as may be necessary.
WSR 24-20-126
Filed 10/1/2024
 
 
Residential Care Services Division
 
Chapter 388-97
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
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
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
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 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
 
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
 
 
 
388-97-0140, 388-97-0120, 388-97-0130
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.
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,
388-107
The department is considering amending 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,
388-107
The department is considering amending 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 facility communication systems, 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. Residents' rights to a safe and healthy environment.
WSR 22-04-047
Filed 1/26/2022
 
 
 
Chapter 388-76
The department is considering amending Adult family home (AFH) minimum licensing requirements, to address a process gap that occurs when residents transfer or discharge from AFHs and prescription medications for those residents 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
WSR 24-24-020
Filed 11/22/2024
 
 
Chapters 388-76, 388-78A, 388-97,
388-107
Amending, adding a new section, and amending other sections as needed. Regarding death with dignity (DWD), including labeling, documentation, and storage of resident medications, specifically related to the DWD Act.
WSR 23-08-038
Filed 3/29/2023
 
 
 
Chapter 388-101
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
 
 
 
Chapters 388-76, 388-78A, 388-97
The department is considering adding new sections, repealing, and amending existing sections in AFH minimum licensing requirements, Assisted living facility (ALF) licensing rules, Nursing homes, and Licensing requirements for enhanced services facilities, and other related rules as may be required.
WSR 23-21-034
Filed 10/6/2023
 
 
 
Chapters 388-76, 388-78A, 388-107
The department is considering amending, adding new sections, and amending other sections as needed: AFH minimum licensing requirements; ALF licensing rules; and Licensing requirements for enhanced services facilities (ESF). This proposal refiles the project previously filed as WSR 24-18-013 to clarify the scope of rule making. Amendments and new sections will address the need for a legally enforceable agreement between the operators of AFH, ESF, and ALF and residents in those settings whose care is paid through medicaid. Requirements for these agreements include the need to outline resident rights that include resident eviction processes and appeals related to transfer and discharge. This rule making is needed to comply with federal regulations 42 C.F.R. §§ 441.530 (a)(1)(vi)(A) and 441.301 (c)(4)(vi)(A). This rule making will include other related rules as may be required.
WSR 24-22-123
Filed 11/5/2024
 
 
 
New rules in Title 388
The department is considering writing new rules to regulate providers of emergency transitional support services (ETSS), which are currently outlined in chapter 388-829Z WAC, and other related rules as may be required.
WSR 25-01-089
Filed 12/13/2024
 
 
Long-Term Services and Supports Trust Program (WA Cares)
 
Title 388
WA Cares; beneficiary assessments, service denial or termination, and complaint resolution for delivery of service.
WSR 24-04-030
Filed 1/30/2024
 
 
 
Title 388
WA Cares; general provisions and approved services.
WSR 24-04-031
Filed 1/30/2024
 
 
 
Title 388
WA Cares; intake and application process for beneficiaries.
WSR 24-04-032
Filed 1/30/2024
 
 
 
Title 388
WA Cares; provider registration.
WSR 24-04-033
Filed 1/30/2024
 
 
 
Creating rules in a new chapter in Title 388
The department is creating rules in a new chapter in Title 388 WAC for WA Cares. This rule making will address appeals of department decisions by beneficiaries, and other related rules as appropriate.
WSR 25-04-062
Filed 1/30/2025
 
 
 
Creating rules in a new chapter in Title 388
The department is creating rules in a new chapter in Title 388 WAC for WA Cares. This rule making will address notifications to beneficiaries of department decisions, and other related rules as appropriate.
WSR 25-04-063
Filed 1/30/2025
 
 
 
Creating rules in a new chapter in Title 388
The department is creating rules in a new chapter in Title 388 WAC for WA Cares. This rule making will address appeals of department decisions by providers, and other related rules as appropriate.
WSR 25-04-064
Filed 1/30/2025
 
 
 
Creating rules in a new chapter in Title 388
The department is creating rules in a new chapter in Title 388 WAC for WA Cares. The rule making will address maximum rates for approved services provided by registered providers, and other related rules as appropriate.
WSR 25-04-065
Filed 1/30/2025
 
 
 
Creating rules in a new chapter in Title 388
The department is creating rules in a new chapter in Title 388 WAC for WA Cares. The rule making will address reimbursements to beneficiaries for approved services permitted to be paid privately and reimbursed by the trust, and other related rules as appropriate.
WSR 25-04-066
Filed 1/30/2025
 
 
 
Creating rules in a new chapter in Title 388
The department is creating rules in a new chapter in Title 388 WAC for WA Cares. This rule making will address notifications to providers of department decisions, and other related rules as appropriate.
WSR 25-04-068
Filed 1/31/2025
 
 
Behavioral Health Administration
 
Chapter 388-878
The department is planning to amend chapter 388-878 WAC 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
 
 
Mental Health Delivery Systems
 
388-881-010, 388-881-015, 388-881-020, 388-881-025, 388-881-030, 388-881-035
Chapter 388-881 WAC, Sexual predator programExternal oversight, and possible other sections in this chapter and chapter 388-880 WAC as may be required.
WSR 24-14-109
Filed 7/1/2024
WSR 24-19-081
Filed 9/17/2024
 
 
388-880-042, 388-880-044, 388-880-045, 388-880-150, 388-880-151, possible other related rules
Amending Resident recordsPurposes, 388-880-043 Resident recordsLocation and custody, Resident recordsAccess, Resident recordsRetention (repeal), Requests for public disclosure, Requests for resident medical information, and possible other related sections in chapter 388-880 WAC as may be required.
WSR 24-19-053
Filed 9/12/2024
 
 
Developmental Disabilities Administration
 
Chapter 388-841; 388-825-201, 388-825-206, 388-825-211
The department is planning to adopt new chapter 388-841; repeal WAC 388-825-201, 388-825-206 and 388-825-211; and may amend or repeal other related rules as may be required.
WSR 23-20-054
Filed 9/28/2023
WSR 25-04-074
Filed 1/31/2025
 
 
New chapter in Title 388
New chapter within the developmental disabilities administration's (DDA) portion of Title 388 WAC; rules will establish the process for certifying DDA providers not otherwise certified by residential care services. Using chapter 388-825A WAC.
WSR 23-23-133
Filed 11/17/2023
 
 
 
388-825-058, 388-825-082, 388-825-083, 388-828-9000, 388-828-9140; chapter 388-832; 388-845-0220, 388-845-0500, 388-845-0505, 388-845-0510, 388-845-2010
DDA is considering amending rules from these chapters in order to update lists of available services, their names, descriptions, limits, and qualified providers; to increase the individual and family service award amounts; and other related rules as may be required.
WSR 24-02-034
Filed 12/26/2023
WSR 24-21-043
Filed 10/8/2024
 
 
Chapter 388-826
Chapter 388-826 WAC, Out-of-home services (OHS) program and other related rules as may be required. To establish a connection with the new certification rules under development at DDA, which will be codified as chapter 388-825A WAC; and standardize provider requirements to create consistency across provider types licensed, state-operated providers, and DDA-contracted.
WSR 24-02-088
Filed 1/3/2024
WSR 25-04-060
Filed 1/30/2025
 
 
Chapter 388-848
WAC 388-848-0010 through 388-848-0100; DDA is adopting new sections of rule on an emergency basis to implement E2SSB 5440 (2023), which directs the department to develop a process for connecting individuals who have been found not competent to stand trial due to an intellectual or developmental disability to available wraparound services and supports in community-based settings.
WSR 24-07-045
Filed 3/14/2024
 
WSR 24-24-092
Filed 12/3/2024
WSR 24-17-026
Filed 8/12/2024
WSR 24-15-010
Filed 7/8/2024
WSR 24-07-044
Filed 3/13/2024
 
Chapters 388-829R, 388-847
Chapters 388-829R, 388-829Z, and 388-847 WAC, and other related rules as may be required. No longer chapter 388-829Z WAC.
WSR 24-12-017
Filed 5/24/2024
WSR 25-04-059
Filed 1/30/2025
 
 
Chapter 388-829A
Chapter 388-829A WAC and other related rules as may be required.
WSR 24-13-015
Filed 6/6/2024
WSR 25-04-058
Filed 1/30/2025
 
 
Chapter 388-829C
Chapter 388-829C WAC and other related rules as may be required.
WSR 24-13-016
Filed 6/6/2024
WSR 25-04-057
Filed 1/30/2025
 
 
Chapter 388-843
New chapter 388-843 WAC; DDA is adopting a new chapter of rules on an emergency basis to implement ESSB 5950 (2024), which directs the department "to operate a staff-secure, voluntary, and transitional treatment facility specializing in services for adolescents over the age of 13 who have complex developmental, intellectual disabilities, or autism spectrum disorder and may also have a mental health or substance use diagnosis." Services must be provided at the property of Lake Burien and be implemented in a way that prioritizes discharge to a less restrictive community-based setting.
The emergency rules will establish service eligibility criteria, responsibilities for involved parties, administrative hearing rights, and more.
WSR 24-18-015
Filed 8/22/2024
 
WSR 25-01-101
Filed 12/16/2024
WSR 24-17-139
Filed 8/21/2024
 
Chapters 388-825, 388-828, 388-842, 388-845
Chapters 388-825, 388-828, 388-842, and 388-845 WAC; DDA is enacting these changes on an emergency basis to implement home and community-based services waivers as approved by the Centers for Medicare and Medicaid Services. Waiver and residential habilitation for dependent youth program.
WSR 24-18-103
Filed 9/3/2024
 
WSR 25-02-044
Filed 12/20/2024
WSR 24-18-085
Filed 8/30/2024
 
Chapter 388-829Z
Chapter 388-829Z WAC, Emergency transitional support services, and other related rules as may be required.
WSR 25-02-063
Filed 12/23/2024
 
 
Economic Services Administration
Community Services Division
 
388-400-0030, 388-424-0001, 388-424-0006, 388-424-0007, 388-424-0015, 388-424-0020, 388-424-0030, 388-436-0002, 388-466-0005, 388-466-0120, 388-466-0150
The department is planning to amend WAC sections. During the course of this rule making, the department may amend or adopt other related rules as may be required.
WSR 24-11-138
Filed 5/21/2024
WSR 25-03-044
Filed 1/8/2025
WSR 24-24-031
Filed 11/25/2024
 
388-412-0040
The department is adopting emergency amendments to Can I get my benefits replaced? Effective October 1, 2024, these amendments are necessary to align with the passing of the Continuing Appropriations and Extension Act, 2025, which authorizes the replacement of SNAP benefits stolen due to skimming, cloning, or other fraudulent methods through December 20, 2024.
WSR 24-20-134
Filed 10/1/2024
 
WSR 25-04-046
Filed 1/29/2025
WSR 24-20-123
Filed 10/1/2024
 
388-410-0030
The department is planning to amend How does the department calculate and set up my basic food, FAP, or WASHCAP overpayment?, and other related rules as may be required.
WSR 24-21-044
Filed 10/9/2024
WSR 25-01-136
Filed 12/17/2024
 
 
388-400-0060, 388-400-0070, 388-449-0200, 388-449-0210, 388-474-0020
The department is planning to amend Who is eligible for aged, blind, or disabled (ABD) cash assistance?, Who is eligible for referral to the housing and essential needs (HEN) program?, Am I eligible for cash assistance for aged, blind, or disabled (ABD) while waiting for supplemental security income (SSI)?, What is interim assistance and how do I assign it to the department?, What can an aged, blind, or disabled (ABD) cash assistance client expect when supplemental security income (SSI) benefits begin?, and other related rules as may be required.
WSR 25-01-079
Filed 12/13/2024
 
 
 
388-478-0015
The department is planning to amend Need standards for cash assistance, and other rules as may be required.
WSR 25-01-100
Filed 12/13/2024
 
 
 
388-450-0070
The department is planning to amend When do we count a child's income?, and other rules as may be required.
WSR 25-02-023
Filed 12/18/2024
 
 
 
388-449-0220
The department is proposing to amend WAC 388-449-0220 How does substance use affect my eligibility for the aged, blind, or disabled (ABD) cash and pregnant women assistance (PWA) programs?
 
CR-105
WSR 25-02-043
Filed 12/20/2024
 
Division of Child Support
 
Chapter 388-14A
The division of child support proposes to amend, adopt, or repeal, as needed, various sections 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 clarify and streamline the rules and procedures regarding parentage to conform with current state and federal laws and other related rules as may be needed.
WSR 24-08-063
Filed 3/29/2024
WSR 25-03-068
Filed 1/14/2025
 
Executive
Office of the Secretary, Headquarters Units
 
388-02-0217
The department is considering amending When do ALJs conduct the hearing and enter the hearing decision as an initial order or a final order?, and other related rules as may be required to clarify the general hearing rules of the board of appeals at the department. During this rule making, the department may make additional changes that are necessary to improve clarity.
WSR 24-14-118
Filed 7/2/2024
 
 
Katherine I. Vasquez
Rules Coordinator