WSR 99-15-077

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed July 20, 1999, 10:41 a.m. ]


DEPARTMENT OF SOCIAL AND HEALTH SERVICES

SEMI-ANNUAL RULE-MAKING AGENDA FOR JULY 1, 1999 THROUGH DECEMBER 31, 1999


AGING AND ADULT SERVICES ADMINISTRATION


WAC Chapter or Section Number Purpose of rule being developed or amended.
WAC 388-15-120 To implement provisions of ESHB 1620, which consolidates statutes chapter 74.34 RCW, chapter 26.44 RCW, and chapter 70.124 RCW. To develop rules for a self-directed care provider registry, as required by ESHB 1880. To clarify and meet the standards for regulatory improvement, as cited in Executive Order 97-02. To move these sections into chapter 388-71 WAC.
WAC 388-15-202, 203 and 205 To amend methodologies and assessment tools for authorizing services. To clarify and meet the standards for regulatory improvement, as cited in Executive Order 97-02. If necessary, to add definitions about self-directed care, as provided in ESHB 1880. To move these sections into chapter 388-71 WAC.
WAC 388-15-196 through 198 To incorporate certain provisions of ESHB 1546 and ESHB 1880 - specifically, to amend provider training requirements and to add self-directed care components. To possibly develop additional requirements for individual providers and home care agency providers. To repeal and amend sections of WAC 388-15-198, using regulatory improvement standards. To move these sections into chapter 388-71 WAC.
WAC 388-15-145; 388-15-200; 388-15-204; 388-15-206; 388-15-207 through 222; 388-15-548 through 568; 388-15-600, 620, and 630; 388-15-650 through 659; 388-15-690 through 715; 388-15-810 through 895 To clarify and meet the standards for regulatory improvement, as cited in Executive Order 97-02; to move these sections into chapter 388-71 WAC; to amend service options under WAC 388-15-620.
WAC 388-15-610 To make the COPES program eligibility requirements identical to that of Medicaid nursing facility care, as required by federal regulations; to clarify and meet the standards for regulatory improvement, as cited in Executive Order 97-02. To move section into chapter 388-71 WAC.
WAC 388-17-010 through 510 To clarify and meet the standards for regulatory improvement, as cited in Executive Order 97-02; to move these sections into chapter 388-71 WAC.
WAC 388-71-800 through 845 To adopt rules on a new long-term care option, PACE.
WAC 388-71-*** To develop rules on private-duty nursing so that it applies specifically to adult clients; to remove and expand on WAC 388-86-071, subsection (4).
Chapter 388-76 WAC Possible amendments to clarify certain sections of the AFH chapter.
WAC 388-96-010 Delete "working capital definition." Nursing facilities (NF) no longer allowed working capital as a cost.
WAC 388-96-218 Add a new section that addresses how settlement will be done for calendar year 1998 in compliance with RCW 74.46.165.
WAC 388-96-559 Delete "return on investment (ROI)" from text. Under ESSHB 1484, ROI is no longer a component rate. Revise to implement the two new component rates: Financing allowance and variable return.
WAC 388-96-709 Same purpose as WAC 388-96-559.
WAC 388-96-710 Same purpose as WAC 388-96-559.
WAC 388-96-714 Add new section to implement ESSB 5967 allowing a second economic trends and conditions factor.
WAC 388-96-723 Revised to implement the identification of the rate components between capital and noncapital. Implement two state-wide weighted payment averages-one for capital and one for noncapital. Limit rates when these averages are exceeded.
WAC 388-96-724 Same purpose as WAC 388-96-723.
WAC 388-96-725 Same purpose as WAC 388-96-723.
WAC 388-96-726 Same purpose as WAC 388-96-723.
Chapter 388-97 WAC Continue review of nursing home chapter as part of AASA/RCS regulatory review plan-mandated by the Executive Order 97-02.
Chapter 388-98 WAC Review of nursing home licensing chapter as part of AASA/RCS regulatory review plan-mandated by Executive Order 97-02.
WAC 388-110-005 through 280 With the transfer for boarding homes to DSHS by E2SSB 6544, chapter 272, Laws of 1998, the contract rules for boarding homes, originally scheduled to be opened 10/97, have not been opened. They will be incorporated with the review of the boarding home regulations (chapter 388-78A WAC) in July of 2000.

CHILDREN'S ADMINISTRATION

WAC Chapter or Section Number Purpose of rule being developed or amended.
WAC 388-15-130 Social services for families, children, and adults--Child protective services--Authority.
WAC 388-15-131 CPS Special requirements for Indian children.
WAC 388-15-132 CPS Acceptance of reports--Eligibility.
WAC 388-15-134 CPS Notification.
WAC 388-15-*** CPS - new section - rule to review and amend findings of abuse and neglect if appropriate; notification of findings and appeal process.
WAC 388-15-150 Child foster care.
WAC 388-15-160 Adoption services.
WAC 388-15-170 General and seasonal day care services.
WAC 388-15-171 Subsidized child care for teen parents.
WAC 388-15-174 Subsidized child care for seasonal workers.
WAC 388-15-175 Child care for child protective services and child welfare services.
WAC 388-15-176 In-home/relative child care.
WAC 388-15-220 Homemaker services.
WAC 388-15-570 Family reconciliation services.
Chapter 388-24 WAC AFDC foster care rules.
Chapter 388-60 WAC Domestic violence perpetrator program standards.
Chapter 388-70 WAC Child welfare services (CWS)--Foster care--Adoption services--Services to unmarried parents.
Chapter 388-73 WAC Child care agencies--Rules regarding minimum licensing and certification requirements for residential programs.
Chapter 388-74 WAC Child welfare services--Rules regarding complaint resolution.
Chapter 388-150 WAC Rules regarding minimum licensing requirements for child day care centers.
Chapter 388-151 WAC Rules regarding school-age child care minimum licensing requirements.
Chapter 388-155 WAC Rules regarding minimum licensing requirements for family child day care homes.
Chapter 388-160 WAC Rules regarding minimum licensing requirements for overnight youth shelters.
Chapter 388-165 WAC New chapter - rules regarding child care subsidy programs.
Chapter 388-330 WAC Rules regarding background inquiries.
WAC 440-44-025 and 026 Rule relating to fees (i.e., day care centers and family day care home licensing fees).
Chapter 248-554 WAC Shelters for victims of domestic violence.

ECONOMIC SERVICES ADMINISTRATION

WAC Chapter or Section Number Purpose of rule being developed or amended.
WAC 388-434-005 and related To change requirement for review of eligibility for cash programs from at least once every twelve months to at least once every six months.
WAC 388-448-001 and related To simplify the incapacity decision process for individuals approved for expedited Medicaid and to assure eligibility is based on clear objective medical evidence.
WAC 388-478-0055 To revise supplemental security income payment standard to stay within funding allocation. A reduction of about $3.00 per client is anticipated.
Chapter 388-400 WAC To correct typos, omissions and unclear language and to reflect changes in food stamp program policy.
WAC 388-014-0420 To make permanent rule change on child support case closure per change in federal regulations and to review for compliance with Executive Order 97-02.
New rules in chapter 388-290 WAC To respond to expected changes in the WCCC childcare program, including rules about income exemptions, twenty-four hour care and other new kinds of services for eligible clients and childcare providers.
WAC 388-444-0005, 0015, 0035, 0045 and 0060 To respond to expected policy changes in the food stamp education and training program and clarify language according to Executive Order 97-02.
WAC 388-478-0025 To repeal payment standards for recent arrivals to the state.
WAC 388-464-0001 To conform to the standards of Executive Order 97-02.
Rules in the following general areas are scheduled for review against Executive Order 97-02 criteria between July 1, 1999, and December 31, 1999:
Chapter 388-011 WAC Child support--Obligations.
Chapter 388-013 WAC Recovery of support payments.
Chapter 388-014 WAC Wage assignment and debt adjustment notice.
Chapter 388-046 WAC Recipient fraud.
Chapter 388-200 WAC Financial and medical assistance--General provisions.
Chapter 388-235 WAC General assistance unemployable.
Chapter 388-240 WAC ADATSA referral.
Chapter 388-275 WAC SSI.
Chapter 388-255 WAC Special payments.
Chapter 388-280 WAC US repatriation.
Chapter 388-400 WAC Program summary.
Chapter 388-404 WAC Age requirements.
Chapter 388-406 WAC Applications.
Chapter 388-412 WAC Benefit issuances.
Chapter 388-422 WAC Child support.
Chapter 388-424 WAC Citizenship/alien status.
Chapter 388-430 WAC Deprivation.
Chapter 388-434 WAC Eligibility reviews and recertifications.
Chapter 388-436 WAC Emergency cash assistance.
Chapter 388-437 WAC Emergency assistance for food stamps.
Chapter 388-442 WAC Felons.
Chapter 388-446 WAC Fraud.
Chapter 388-448 WAC Incapacity.
Chapter 388-450 WAC Income.
Chapter 388-454 WAC Living with a relative.
Chapter 388-456 WAC Monthly reporting.
Chapter 388-466 WAC Refugee program.
Chapter 388-474 WAC Supplemental security income.
Chapter 388-478 WAC Standards for payment.

HEALTH AND REHABILITATIVE SERVICES ADMINISTRATION

WAC Chapter or Section Number Purpose of rule being developed or amended.
Chapter 275-25 WAC - new chapter 388-850 WAC To meet requirements of Executive Order 97-02.
Chapter 275-26 WAC - new chapter 388-820 WAC To meet requirements of Executive Order 97-02.
Chapter 275-27 WAC - new chapter 388-825 WAC To meet requirements of Executive Order 97-02.
Chapter 275-31 WAC - new chapter 388-830 WAC To meet requirements of Executive Order 97-02.
Chapter 275-38 WAC - new chapter 388-835 WAC To meet requirements of Executive Order 97-02.
Chapter 275-41 WAC - new chapter 388-840 WAC To meet requirements of Executive Order 97-02.
Chapter 275-59 WAC Review and amend as necessary per Governor's Executive Order on Regulatory Improvement. Criminally insane person committed to the care of the Department of Social and Health Services--Evaluation, placement, care and discharge.
Chapter 388-240 WAC Review and amend as necessary per Governor's Executive Order on Regulatory Improvement. Move to chapter 388-800 WAC per order of the DSHS secretary. Update rules for public assistance for how clients receive detoxification services and ADATSA services. Review outpatient limits.
Chapter 440-22 WAC Review and amend as necessary per Governor's Executive Order on Regulatory Improvement. Move to chapter 388-805 WAC per order of the DSHS secretary. Implement legislation which moves chemical dependency counselor credentialing to the Department of Health.
Chapter 440-25 WAC Review and amend as necessary per Governor's Executive Order on Regulatory Improvement. Move to chapter 388-810 WAC per order of the DSHS secretary. Update rules relating to planning, contracting, and provision of chemical dependency treatment and prevention services by and through counties.
Chapter 440-44 WAC Repeal and add certification fee section to chapter 388-805 WAC.

JUVENILE REHABILITATION ADMINISTRATION

WAC Chapter or Section Number Purpose of rule being developed or amended.
Chapter 275-33 WAC, Transfer of juvenile offenders to the Department of Corrections To review the chapter and make any necessary amendments based on requirements of the executive orders.
Chapter 275-35 WAC, Consolidated juvenile services programs To review the chapter and make any necessary amendments based on requirements of the executive orders.
Chapter 275-37 WAC, Juvenile rehabilitation administration--Rules, practices, and procedures Develop WAC as needed to meet requirements of SSB 5010, relating to sexual misconduct by employees of custodial agencies.
WAC 275-37-020 Rated bed capacity To review the WAC and make necessary amendments or repeal based on requirements of the executive orders.
Chapter 275-47 WAC, Collection of costs of support, treatment, and confinement of juveniles under RCW 13.40.220 To review the chapter and make any necessary amendments based on requirements of the executive orders.
Chapter 275-110 WAC, Impact account--Criminal justice cost reimbursement To review the chapter and make any necessary amendments based on requirements of the executive orders.

MEDICAL ASSISTANCE ADMINISTRATION

WAC Chapter or Section Number Purpose of rule being developed or amended.
WAC 388-86-04001 Regulatory review of Hearing aids policy.
WAC 388-87-0060 Regulatory review of Payment for extended care patients.
WAC 388-511-1130 Regulatory review of SSI-related income availability.
WAC 388-505-0595 Regulatory review of Trusts for medicaid clients.
Chapter 388-513 and 515 WAC Regulatory review of Long term care client eligibility rules.
WAC 388-501-0130 Regulatory and program review of Administrative controls.
WAC 388-501-0160 Regulatory and program review of Exception to rule process.
Chapter 388-539 WAC Regulatory and program review of Acquired human immunodeficiency syndrome.
WAC 388-438-0110 Regulatory and program review of Alien emergency assistance.
WAC 388-41-020 Regulatory and program review of Audit dispute conference.
WAC 388-86-018, 388-87-048 Regulatory and program review of Community aids service alternatives.
WAC 388-501-0165 Regulatory and program review of Covered medical services.
WAC 388-87-010 Regulatory and program review of Conditions of payment--General.
WAC 388-87-0011 Regulatory and program review of Conditions of payment--Medicare deductible and coinsurance.
WAC 388-87-0008 Regulatory and program review of Disclosure by providers--Information on ownership and control.
WAC 388-87-0007 Regulatory and program review of Medical provider agreement.
WAC 388-517-0300 Regulatory and program review of Medicare cost-sharing.
WAC 388-529-0100 Regulatory and program review of Scope of coverage.
WAC 388-530-1150, 1250 Clarify noncovered drug services and prior authorization process.
New WAC Medical nutrition.
WAC 388-86-024, 388-533 Regulatory and program review of Maternity care services.

There may be more rule-making activity, not on the agenda, as a result of the reviews being done in accordance with the Governor's Executive Order 97-02.

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

© Washington State Code Reviser's Office