WSR 02-03-034

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed January 7, 2002, 3:24 p.m. ]

Following is the Department of Social and Health Services' semiannual rule-making agenda, by administration, for January 1, 2002, through June 30, 2002. This report will be published in the state register pursuant to RCW 34.05.314, and distributed to interested parties.

There may be more rule-making activity, not on the agenda, as a result of the on-going rule reviews being done according to Executive Order 97-02, or as a result of legislative actions.


DEPARTMENT OF SOCIAL AND HEALTH SERVICES

SEMI-ANNUAL RULE-MAKING AGENDA FOR

JANUARY 1, 2002 THROUGH JUNE 30, 2002

AGING AND ADULT SERVICES ADMINISTRATION



WAC Chapter or Section Chapter and Subpart Caption Subject Matter or Section Caption Proposed Action
WAC 388-71-1065 through 388-71-1095 Social services for adults Respite care services Update current WACs to include new services allowed under the family caregiver support program.
WAC 388-76-640 Adult family homes minimum licensing requirements -- Part III rights and services -- Negotiated care plan Resident medications Review and repeal.
WAC 388-76-64010 Adult family homes minimum licensing requirements -- Part III rights and services New section Develop new section on provider responsibilities for the resident's medication management plan.
WAC 388-76-64015 Adult family homes minimum licensing requirements -- Part III rights and services New section Develop new section on why a resident's medication plan may need to be changed and how to change it.
WAC 388-76-64020 Adult family homes minimum licensing requirements -- Part III rights and services New section Develop new section on requirements that apply to any medication plan.
WAC 388-76-64025 Adult family homes minimum licensing requirements -- Part III rights and services New section Develop new section on who is considered independent for the purposes of medication administration.
WAC 388-76-64030 Adult family homes minimum licensing requirements -- Part III rights and services New section Develop new section on what requirements apply when a resident receives assistance with self-administration of medications.
WAC 388-76-64035 Adult family homes minimum licensing requirements -- Part III rights and services New section Develop new section on what requirements apply when a resident needs administration of medications.
WAC 388-76-61510 Adult family homes minimum licensing requirements -- Part III rights and services -- Negotiated care plan When must the negotiated care plan be developed? Review and amend as appropriate.
WAC 388-76-765 Adult family homes minimum licensing requirements -- Part VI -- Physical plant requirements Fire safety Review and amend as appropriate.
WAC 388-78A-070, 388-78A-080, 388-78A-090, 388-78A-100, 388-78A-110, 388-78A-120, 388-78A-130, 388-78A-140, 388-78A-150, 388-78A-160, 388-78A-170, 388-78A-180, 388-78A-190, 388-78A-200, 388-78A-210, 388-78A-220, 388-78A-230, 388-78A-240, 388-78A-250, 388-78A-260, 388-78A-265, 388-78A-268, 388-78A-280, 388-78A-290, 388-78A-300, 388-78A-310, 388-78A-320, 388-78A-330, 388-78A-335, 388-78A-340, and 388-78A-990 Boarding homes Review and amend as appropriate.
WAC 388-97-05 Nursing homes -- Subchapter I resident rights, care and related services New section Develop new section on when inspections conducted and what is included in deficiency citation report.
WAC 388-97-005, 388-97-043, 388-97-07005, 388-97-07040, 388-97-07050, 388-97-076, 388-97-160, 388-97-162, 388-97-180, 388-97-202, 388-97-205, 388-97-260, 388-97-35040, and 388-97-285 Nursing homes Subchapter I -- Resident rights, care and related services Review and amend as appropriate.
WAC 388-97-203 (New) Nursing homes -- Subchapter I resident rights, care and related services New section Develop new section specifying conditions that prohibits licensee to retaliate and discriminate against employee or resident.
WAC 388-97-565, 388-97-570, 388-97-575, 388-97-580, 388-97-585, and 388-97-595 Nursing homes Subchapter III nursing home license Review and amend as appropriate home license.
WAC 388-97-610 Nursing homes -- Subchapter III nursing home license New section Develop new section on when plan of correction must be completed and under what conditions.
WAC 388-97-615 Nursing homes -- Subchapter III nursing home license New section Develop new section describing what an acceptable plan of correction contains.
WAC 388-97-620 Nursing homes -- Subchapter III nursing home license New section Develop new section on the purpose and process of informal department review.
WAC 388-97-625 Nursing homes -- Subchapter III nursing home license New section Develop new section on actions and conditions to appeal.
WAC 388-97-630 Nursing homes -- Subchapter III nursing home license New section Develop new section on the types of mandatory and optional remedies.
WAC 388-97-635 Nursing homes -- Subchapter III nursing home license New section Develop new section on conditions in which optional remedies may be imposed.
WAC 388-97-640 Nursing homes -- Subchapter III nursing home license New section Develop new section describing the different levels of seriousness of deficiencies.
WAC 388-97-645 Nursing homes -- Subchapter III nursing home license New section Develop new section on description of separate deficiencies.
WAC 388-97-650 Nursing homes -- Subchapter III nursing home license New section Develop new section on when stop placement order remains in effect.
WAC 388-97-655 Nursing homes -- Subchapter III nursing home license New section Develop new section on range of civil fines.
WAC 388-97-660 Nursing homes -- Subchapter III nursing home license New section Develop new section on when civil fine starts and when payment is due.
WAC 388-97-665 Nursing homes -- Subchapter III nursing home license New section Develop new section on uses of civil penalty fund.
WAC 388-97-670 Nursing homes -- Subchapter III nursing home license New section Develop new section on the licensee's responsibility when a temporary management is appointed.
WAC 388-97-675 Nursing homes -- Subchapter III nursing home license New section Develop new section on once receivership is established, when the department may recommend residents to be relocated.
WAC 388-97-680 Nursing homes -- Subchapter III nursing home license New section Develop new section on the process of becoming temporary manager and receiver.
WAC 388-97-685 Nursing homes -- Subchapter III nursing home license New section Develop new section on factors to consider in appointing a temporary manager.
WAC 388-97-690 Nursing homes -- Subchapter III nursing home license New section Develop new section on duties and responsibilities of temporary manager and receiver.
WAC 388-97-695 Nursing homes -- Subchapter III nursing home license New section Develop new section on conditions in which temporary management may be terminated and when the department may appoint an alternate temporary manager.
CHILDREN'S ADMINISTRATION
WAC 388-27-0135 Child welfare services -- Adoption services and adoption support, Part B What is the purpose of the adoption support program? Clarify child placement status in determining eligibility for adoption support program.
Chapter 388-27 WAC Child welfare services -- Adoption services and adoption support, Part E In-home relative care Add new section on in-home relative care.
Chapter 388-148 WAC; new chapter 388-145 WAC Licensing requirements for child foster homes, staffed residential homes, group care programs/facilities, and agencies Emergency respite centers Develop new sections on emergency respite centers.
ECONOMIC SERVICES ADMINISTRATION
Chapter 388-444 WAC Food stamp employment and training Same Simplify WACs to update the language.
WAC 388-14A-3900 to 388-14A-3925 Division of child support rules -- Part C -- How the division of child support decides how much child support someone should pay Support orders Amend rules to allow for the modification of support orders when the responsible parent has no income.
Chapter 388-484 WAC TANF/SFA five year time limit Temporary assistance to needy families (TANF) time limits and the 20% hardship extension Incorporate the 20% hardship extension into TANF/SFA programs.
Chapter 388-410 WAC Benefit error Food assistance Implement federal regulations and rewrite the food assistance rules for clarity.
WAC 388-450-0015, and 388-450-0055 Income Voluntary resettlement agency (VOLAG) Amend rules concerning VOLAG payments.
WAC 388-14A-3130, 388-14A-3295, 388-14A-5520, 388-14A-5530, and 388-14A-5535 Division of child support rules, Parts B and E Administrative hearings Amend and develop new rules allowing forms to be sent by first class instead of certified mail.
WAC 388-310-1600 WorkFirst Sanctions Amend the sanction process for WorkFirst participants.
Chapter 388-408 WAC Assistance units Same Revise chapter in order to simplify the rules.
Chapter 388-448 WAC Incapacity Work plus Develop new individual responsibility plan requirements for general assistance clients in the work plus program.
WAC 388-310-0800 WorkFirst Support services Amend support service limits and clarifying language.
Chapters 388-460 and 388-265 WAC Payees of benefit issuances; payment of grants WorkFirst Amend WorkFirst protective payee policies.
Chapter 388-310 WAC WorkFirst Participation requirements Amend rules to change the participation requirements for the WorkFirst program.
HEALTH AND REHABILITATIVE SERVICES ADMINISTRATION
Division of Alcohol and Substance Abuse
Chapter 388-805 WAC Certification requirements for chemical dependency service providers Treatment programs Implement federal accreditation requirements for opioid treatment programs, changes to requirements of opiate substitution treatment services required by SB 5417, and update other sections as needed based on stakeholder input.
Division of Developmental Disabilities
Chapter 388-820 WAC Community residential services and supports Same Review and amend; clarification of terms.
Chapter 388-825 WAC Division of developmental disabilities services rules Same Review and amend; clarification of terms.
Chapter 388-850 WAC County plan for mental health, developmental disabilities Same Revise for clarity in compliance with the Governor's Executive Order 97-02.
Division of Vocational Rehabilitation
Chapter 388-890 WAC Rehabilitation services for individuals with disabilities Independent living services Create a new chapter for the provision of independent living services. Comply with changes in federal regulations (34 C.F.R. 361 and 365) and to consider other policy changes.
Chapter 388-XXX WAC New chapter Independent living service providers; background checks Create a new chapter, and comply with changes in federal regulations (34 C.F.R. 361). Also, to comply with ESSB 5606 (background checks) and to consider other policy changes.

WAC 490-500-520 Vocation rehabilitation and services for individuals with disabilities Purchase of services -- Selection criteria -- Community rehabilitation programs Repeal current section and develop new sections [in] Title 388 WAC on assistive technology providers.
JUVENILE REHABILITATION ADMINISTRATION
Chapter 388-700 WAC Juvenile rehabilitation administration -- Practices and procedures Background checks Review for potential changes due to new background check process.
Chapter 388-740 WAC Juvenile parole revocation Same Review for potential changes for parole and revocation process clarification.
Chapter 388-745 WAC Transfer of juvenile offender to the Department of Corrections (DOC) Transfer process Review for potential changes to clarify the DOC transfer process.
Chapter 388-750 WAC Impact account -- Criminal justice cost reimbursement Reimbursement rates Review for potential changes to clarify reimbursement rates.
MEDICAL ASSISTANCE ADMINISTRATION
Chapter 388-505 WAC Family medical Eligibility factors common to medical Review and amend as appropriate.
Chapter 388-506 WAC Medical financial responsibility Same Review and amend as appropriate.
WAC 388-527-2742 Estate recovery Services subject to recovery Review and amend as appropriate.
Chapter 388-531 WAC Physician-related services Teaching physicians Add new sections on teaching physicians.
Chapter 388-536 WAC New chapter Federally qualified health centers Add new sections on federally qualified health centers.
WAC 388-540-XXXX Kidney centers Same Add new sections concerning kidney centers.
Chapter 388-544 WAC Vision and hearing services Same Review and amend as appropriate.
Chapter 388-546 WAC Transportation Same Review and amend as appropriate.
Chapter 388-555 WAC Interpreter services Same Review and amend as appropriate.
Chapter 388-XXX WAC New chapter Rural health centers Develop new rules on rural health centers.
Chapter 388-XXX WAC New chapter Blood banks Develop new rules concerning blood banks.
MANAGEMENT SERVICES ADMINISTRATION
Chapter 388-02 WAC DSHS hearing rules Phase II of administrative hearing rule revisions Review and amend as appropriate. Add new sections as required.
OFFICE OF THE SECRETARY
Chapter 388-01 WAC DSHS organization -- Disclosure of public records Disclosure of public records Review and amend as appropriate.
Chapter 388-01 WAC DSHS organization -- Disclosure of public records New section Add section concerning rights of action.
Washington State Code Reviser's Office