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 requirements, or to meet unforeseen circumstances.

     If you have questions about this rule-making agenda or the DSHS rule-making process, please contact Andy Fernando, DSHS Rules Coordinator, at P.O. Box 45850, Olympia, WA 98504-5850, by phone at (360) 664-6094, or by e-mail at FernaAX@dshs.wa.gov. If you are interested in receiving DSHS rule-making notices, please contact Fred Swenson at the DSHS Rules and Policies Assistance Unit by phone at (360) 664-6097 or by e-mail at SwensFH@dshs.wa.gov.

     Following the tables are explanations of the terms "preproposal notice," "proposed rule," "expedited rule," "permanent rule," "emergency rule," and other selected terms used in this agenda.

WAC Chapter or WAC #	Chapter or Subpart Caption	Subject Matter or WAC Section Caption	Description and Program Contact Person	Current and Pending Activity
				Emergency Rules	Preproposal Notice	Proposed Rule	Permanent Rule
AGING AND DISABILITY SERVICES ADMINISTRATION (ADSA)
ADSA - Division of Developmental Disabilities (DDD)
WAC 388-513-1301, 388-513-1315, and WAC 388-515-1510	Client not in own home -- Institutional Alternative living -- Institutional	New home and community based services waiver rules	Adopting rules to implement new home and community-based services (HCBS) waivers from the federal Centers for Medicare and Medicaid necessary to provide services for eligible persons with developmental disabilities. New waivers replace the department's current community alternatives program (CAP) waiver. Contact Steve Brink, ADSA-DDD.	WSR 04-15-091 Filed 7/16/04	WSR 03-20-103 Filed 9/30/03	WSR 04-12-101 Hearing 7/6/04
Chapter 388-825 WAC; New chapter 388-845 WAC	DDD services rules Home and community based waiver services	New home and community based services	Adopting rules to implement new home and community-based services (HCBS) waivers from the federal Centers for Medicare and Medicaid necessary to provide services for eligible persons with developmental disabilities. New waivers replace the department's current community alternatives program (CAP) waiver. Contact Steve Brink, ADSA-DDD.	WSR 04-08-020 Filed 3/29/04	WSR 03-20-103 Filed 9/30/03
Chapter 388-825 WAC	DDD services rules	Notification	Revising rules to clarify existing notification procedures currently in WAC 388-825-100. Contact Steve Brink, ADSA-DDD.		WSR 04-08-071 Filed 4/5/04	WSR 04-12-100 Hearing 7/6/04	WSR 04-15-093 Effective 8/16/04
WAC 388-825-030, 388-825-035, 388-825-040, 388-825-045, 388-825-055 and 388-825-200 through 388-825-256	DDD services rules	Eligibility criteria	Revising rules to change eligibility criteria for conditions such epilepsy, autism, and other neurological conditions; and to align rules with Part C of the Individuals with Disabilities Education Act (IDEA). Contact Sue Poltl, ADSA-DDD.	WSR 04-14-003 Filed 6/23/04 (WAC 388-825-030 only)	WSR 02-07-107 Filed 3/20/02
WAC 388-825-070 and 388-825-090	DDD services rules	Corrections	Correcting outdated WAC cross-references and references to direct payments. Contact Steve Brink, ADSA-DDD.		Exempt	WSR 04-08-072 Hearing 5/11/04	WSR 04-11-087 Effective 6/18/04
WAC 388-825-210, 388-825-228, 388-825-230, 388-825-232, 388-825-234, 388-825-236, 388-825-238, 388-825-242, 388-825-248, 388-825-252, and new WAC 388-825-254, and related rules	DDD services rules	Children receiving Medicaid personal care (MPC) services	Amending rules to implement the comprehensive assessment reporting and evaluation (CARE) tool for assessment of children receiving MPC services from the division. Contact Shirley Everard or Linda Gil, ADSA-DDD.		WSR 04-12-091 Filed 6/2/04
Chapter 388-827 WAC	DDD-state supplemental payment program (SSP)	Revising SSP eligibility	Revising rules to expand the population eligible to receive the SSP to include individuals who would be eligible for supplemental security income except for the receipt of Social Security Title II benefits as a "Disabled Adult Child," and to limit SSP eligibility for certain individuals on home and community-based services waivers administered by DDD. Contact Steve Brink, ADSA-DDD.		WSR 04-08-070 Filed 4/5/04	WSR 04-12-102 Hearing 7/6/04	WSR 04-15-094 Effective 8/16/04
Chapter 388-835 WAC and new chapter 388-837 WAC	ICF/MR program and reimbursement system	Residential habilitation centers	Adopting rules to implement the 2003-2005 state operating budget bill (section 205, chapter 25, Laws of 2003, 1st sp.s.), concerning downsizing of the Fircrest School. Contact Jeannie Johnson or Harlan Solomon, ADSA-DDD.	WSR 04-10-016 Filed 4/26/04	WSR 04-02-009 Filed 12/29/03	WSR 04-12-099 Hearing 7/6/04
Chapter 388-835 WAC	ICF/MR program and reimbursement system	Same	Amending language to reflect new rates.		Planned for future action
Chapter 388-850 WAC	County plan for developmental disabilities	Same	Rewriting rules in clear rule format and clarifying language.		Planned for future action
ASDA - Home and Community Services Division (HCS)
Chapters 388-71, 388-72A, and 388-515 WAC	Home and community services and programs Comprehensive assessment, reporting and evaluation tool Alternative living -- Institutional medical	Medically needy (MN) in-home waiver program	The department will adopt rules to establish eligibility criteria, applicable income standards, specific waiver services, and amending other sections as needed to establish the medically needy (MN) in-home waiver program authorized by new 2004 state law. Contact Tiffany Sevruk, ADSA-HCS.	WSR 04-10-062 Filed 4/30/04	WSR 04-01-192 Filed 12/23/03	WSR 04-10-101 Hearing 6/22/04
WAC 388-71-0100 through 388-71-01280	Home and community services and programs	Adult protective services	Adopting rules providing an alleged perpetrator in an adult protective services (APS) report the opportunity to request an administrative hearing. Contact Tiffany Sevruk, ADSA-HCS.	WSR 04-14-013 Filed 6/25/04	WSR 03-17-064 Filed 8/18/03	WSR 04-13-138 Hearing 7/27/04
WAC 388-71-0531 (Repealed)	Home and community services and programs	Individual provider hours	Repealing the rule to comply with recently enacted legislation, ESHB 2933.	WSR 04-15-011 Filed 7/8/04	WSR 04-07-060 Filed 3/11/04	WSR 04-11-085 Hearing 6/22/04	WSR 04-15-001 Effective 8/7/04
WAC 388-71-0900 through 388-71-0965	Home and community services and programs	Private-duty nursing	Amending rules to clarify the intent of WAC 388-71-0900 through 388-71-0965. Contact Sue McDonough, ADSA-HCS.		WSR 04-07-061 Filed 3/11/04
Chapter 388-72A WAC	Home and community services and programs; Comprehensive assessment reporting and evaluation tool	Children receiving Medicaid personal care -- Assessment criteria	Amending rules to incorporate CARE assessment criteria for children receiving state plan Medicaid personal care (MPC) services and amending other sections as needed to implement this change. Contact Tiffany Sevruk, ADSA-HCS. (Note: Supplemental proposed rule, WSR 04-11-086, was withdrawn and replaced with proposed rule, WSR 04-14-099 - see below and WSR 04-14-096.)		WSR 04-01-087 Filed 12/16/03	WSR 04-11-086 Hearing 6/22/04 Withdrawn.
Chapter 388-72A WAC	Comprehensive assessment, reporting, evaluation (CARE) tool	Same	Revising rules to: Include the CARE algorithm to assure fair and equitable administration of home and community program services; and to incorporate the CARE assessment criteria for children receiving state plan Medicaid personal care; and to clarify other rules. Contact Brooke Buckingham, ADSA-HCS.	WSR 04-15-013 Filed 7/8/04	WSR 04-09-089 Filed 4/20/04	WSR 04-14-099 Hearing 9/7/04
ADSA - Residential Care Services Division
Chapter 388-78A WAC	Boarding home licensing	Same	Repealing new rules scheduled to take effect September 1, 2004, (WSR 03-16-047) and adopting new replacement rules to implement 2004 legislation and to address concerns of the industry. Contact Denny McKee, ADSA-RCS.		WSR 04-07-189 Filed 3/24/04	WSR 04-11-116 Hearing 7/6/04
Chapter 388-78A WAC	Boarding home licensing	Same	To review and update rules to be consistent with current practices in residential care and to make it more applicable to today's boarding home residents. Current rules will be repealed and replaced with new rules in chapter 388-78A WAC. Rules effective September 1, 2004. Contact Denny McKee, ADSA-RCS. (Note: These new rules are proposed for repeal, see WSR 04-11-116 above).		WSR 00-15-014 Filed 7/10/00	WSR 03-03-018 Hearing 3/11/03	WSR 03-16-047 Effective 9/1/04
WAC 388-97-017	Nursing homes	Discrimination prohibited	Amending the rule to be consistent with recently passed legislation, SSB 6466 (chapter 34, Laws of 2004), an act regarding the admission of residents to nursing facilities. Contact Lisa Yanagida, ADSA-RCS.		WSR 04-12-095 Filed 6/2/04
WAC 388-97-125	Nursing homes	Physician services	Amending the rule to be consistent with recent federal clarification on the regulatory differences concerning physician delegation of tasks in skilled nursing facilities and nursing facilities. Contact Lisa Yanagida, ADSA-RCS.		WSR 04-06-055 Filed 3/1/04
Chapter 388-110 WAC	Contracted residential care services; assisted living services; enhanced adult residential care	Same	To incorporate dementia care pilot project standards into rule for contracting with boarding homes to provide dementia care to department clients, and to make revisions necessary as a result of amendments to chapter 388-78A WAC. Contact Denny McKee, ADSA-RCS.		WSR 03-02-078 Filed 12/30/02	WSR 04-13-022 Hearing 7/27/04
Chapter 388-820 WAC	Community residential services and support	Home and community based services	Amending rules in this chapter to be consistent with other rules implementing the home and community-based services waiver. Contact Jill Young, ADSA.		WSR 04-13-106 Filed 6/21/04
ADSA - Rates Management Office
Chapter 388-96 WAC	Nursing facility Medicaid payment	Same	Implementing 2004 legislative changes that affect the Medicaid nursing facility payment system. Contact Patricia Hague, ADSA-Rates Management.		WSR 04-08-133 Filed 04/7/04
Chapter 388-96 WAC	Nursing facility Medicaid payment	Same	Codifying current policies and practices; editing previous codifications for substance and form. Contact Patricia Hague, ADSA-Rates Management.		WSR 03-07-031 Filed 3/11/03
Chapter 388-105 WAC	Medicaid rates for contracted home and community residential care services	Additional payments from clients, friends or family	Adopting rules on when a contracted facility may accept an additional payment from the client, the client's friend or family for an amenity, or an item or service that is not covered by Medicaid rates. Contact Patricia Hague, ASDA-Rates Management.		WSR 04-10-089 Filed 5/4/04
WAC 388-25-0225, 388-25-0226, 388-25-0227, 388-25-0228, and 388-25-0230	Child welfare services -- Foster care	Exemptions to referral to division of child support	Revising rules to extend the exemption of good cause to instances where the best interest of the child is a determining factor when a referral to the Division of Child Support (DCS) is being considered for children in foster care placements and when the foster child is an adopted child receiving adoption assistance payments. Contact Jean Croisant, Children's Administration.	WSR 04-15-082 Filed 7/14/04	WSR 04-08-068 Filed 4/5/04
WAC 388-25-1000, 388-25-1010, 388-25-1020, 388-25-1030, 388-25-1040, and 388-25-1050	Child welfare services -- Foster care	State supplemental payments	Adopting new rules to allow state supplemental payments to eligible children in foster care who receive federal supplemental security income (SSI). Contact Cindy Beckman, Children's Administration.	WSR 04-15-055 Filed 7/13/04	WSR 04-07-059 Filed 3/11/04
Chapter 388-61A WAC	Shelters for victims of family violence	Same	Revising the chapter to clarify confidentiality requirements, fire safety requirements for shelter homes and appeal rights. Contact Susan Hannibal, Children's Administration.		WSR 03-22-087 Filed 11/5/03
New chapter 388-147 WAC	Licensing requirements for teen parent programs	Same	Creating new standards for programs assisting pregnant or new teen parents. Contact Jean Croisant, Children's Administration.		WSR 00-22-061 Filed 10/27/01
WAC 388-148-0050	Licensing requirements for foster homes, staffed residential homes, group care facilities and child-placing agencies	Typographical correction	Amending the rule to correct an error in subsection (b)(c), clarifying the rule and eliminating confusion. Contact Jean Croisant, Children's Administration.		Exempt	WSR 04-16-001 Hearing 9/7/04
Chapter 388-149 WAC	Licensing standards for special model foster homes	Same	Developing consistent standards and providing regular monitoring. Contact Jean Croisant, Children's Administration.		WSR 01-15-080 Filed 7/17/01
ECONOMIC SERVICES ADMINISTRATION (ESA)
ESA - Community Services Division
			No current rule-making activity.
ESA - Division of Child Care and Early Learning
Chapter 388-151 WAC, moving to new chapter 388-297 WAC	Minimum requirements for child care centers	Moving entire chapter to new location	Repealing all sections of chapter 388-151 WAC and adopting new chapter 388-297 WAC to reorganize and clarify minimum requirements for child care centers caring exclusively for school age children. Contact Liz Egge, ESA.		WSR 03-20-025 Filed 9/23/03
WAC 388-290-0020, 388-290-0025, 388-290-0030, 388-290-0032, 388-290-0040, 388-290-0045, 388-290-0060, 388-290-0085, 388-290-0090, 388-290-0105, 388-290-0108, 388-290-0110, 388-290-0130, 388-290-0140, 388-290-0155, 388-290-0165, and 388-290-0270	Working connections child care (WCCC)	Correcting errors	Amending rules to add clarity and correct typographical errors and other inadvertent errors made during previous revisions. Contact Lisa Lind, ESA.		WSR 04-13-046 Filed 6/10/04
WAC 388-290-0200 and 388-290-0205	Working connections child care (WCCC)	Child care reimbursement rates	Increasing the maximums rates DSHS will pay licensed centers and family home providers in Spokane County legislative directive through June 30, 2005. Contact Lisa Lind, ESA.	WSR 04-14-014 Filed 6/25/04
New chapter 388-296 WAC Repealing all rules in chapter 388-155 WAC	Child care business regulations for family home child care; Minimum licensing requirements for family child care homes	Licensing requirements for family child care homes	Revising this chapter to meet the governor's clear rule-writing mandate. Revisions will result in adopting a new chapter 388-296 WAC and repeal of current rules in chapter 388-155 WAC. Contact Mary Oakden, ESA. Note: The hearing in Yakima on June 15, 2004, was conducted in English and Spanish.		WSR 02-23-015 Filed 11/8/02	WSR 04-07-134, and 04-10-095 Three hearings: Lacey, 6/3/04; Spokane, 6/8/04; and Yakima, 6/15/04
ESA - Division of Child Support
Chapter 388-14A WAC	Division of child support rules	Collecting interest on interstate support orders	Adopting rules required by federal law to enforce interest on unpaid support arrears at the request of another state. Contact Nancy Koptur, ESA.		WSR 04-07-113 Filed 3/18/04
WAC 388-14A-1020 and 388-14A-2810	Division of child support rules	Dependent children	Revising the definition of "dependent child" to make rules consistent with rules on eligibility for temporary assistance to needy families (TANF) for children older than age eighteen. Contact Nancy Koptur, ESA.		WSR 04-06-053 Filed 3/1/04
WAC 388-14A-1020, 388-14A-3140, 388-14A-3370, 388-14A-3600, 388-14A-3810, 388-14A-6300, and other related rules	Division of child support rules	Court ordered parenting plan	Establish rules to deal with situations when a court-ordered parenting plan sets a child's residential schedule so that the child spends an equal amount of time with each parent (a "50-50 custody split"). Contact Nancy Koptur, ESA		WSR 04-09-036 Filed 4/13/04
WAC 388-14A-1020, 388-14A-4100, 388-14A-4110, 388-14A-4120, and 388-14A-4130	Division of child support rules	Medical child support obligations	Developing new rules and procedures for enforcing medical child support obligations using the National Medical Support Notice. Contact Nancy Koptur, ESA.	WSR 04-14-054 Filed 6/30/04	WSR 04-07-062 Filed 3/11/04	WSR 04-13-139 Hearing 8/10/04
WAC 388-14A-2000, 388-14A-2025, 388-14A-2080, 388-14A-3800, 388-14A-3810, 388-14A-4000, 388-14A-4300, and 388-14A-4304	Division of child support rules	Modifying support obligations	Amending the rules to allow the Division of Child Support (DCS) to modify support obligations when both parties make informal arrangements and are unable to return to court to officially change the support order. Contact Nancy Koptur, ESA.		WSR 02-03-010 Filed 1/4/02
WAC 388-14A-3300 through 388-14A-3320	Division of child support rules	Support debt and notice of support owed	Reviewing for clarification the rules regarding the notice of support debt and the notice of support owed. Contact Nancy Koptur, ESA.		WSR 03-23-107 Filed 11/18/03
WAC 388-14A-3900 to 388-14A-3925	Division of child support rules	Modification of a support order	Revising rules on review and modification of support orders; and rules and procedures regarding prospective modification of administrative support orders. Contact Nancy Koptur, ESA.		WSR 03-22-054 Filed 10/31/03
WAC 388-14A-3900 to 388-14A-3925	Division of child support rules	Modification of a support order	Allowing for modification of a support order when it will not change by more than the current standard. Contact Nancy Koptur, ESA.		WSR 01-13-020 Filed 6/11/01
WAC 388-14A-4000 and 388-14A-6300	Division of child support rules	Payments on child support arrearages	Amending or adopting new rules as necessary, dealing with payments on child support arrearages. Contact Nancy Koptur, ESA.		WSR 03-23-106 Filed 11/18/03
WAC 388-14A-5000, other related rules	Division of child support rules	Distribution of child support payments	Clarifying DCS' ability to delay distribution of collections via the IRS offset period for no more than six months. Contact Nancy Koptur, ESA.		WSR 04-07-166 Filed 3/23/04
WAC 388-14A-5001	Division of child support rules	Support collection	Clarify existing rules regarding distribution to make it clear that the date of collection is the date of receipt of payment. Contact Nancy Koptur, ESA		WSR 04-08-069 Filed 4/5/04
ESA - Division of Employment and Assistance Programs
WAC 388-61-001	Family violence	Family violence -- Temporary assistance to needy families (TANF)	Amending rules to align their intent with current practice. Contact June Hershey, ESA.		WSR 02-24-068 Filed 12/3/02
WAC 388-273-0025, 388-273-0030, and 388-273-0035	Washington telephone assistance program (WTAP)	Same	Clarifying the payment limits for reimbursable services, and streamline the billing process. The amendment also adds community service voice mail as a WTAP benefit as provided for by chapter 134, Laws of 2003. Contact Steve Ebben, ESA.	WSR 04-11-080 Filed 5/18/04	WSR 03-13-044 Filed 6/11/03	WSR 04-07-089 Hearing 5/11/04	WSR 04-14-136 Effective 7/23/04
WAC 388-310-0800	WorkFirst	Transportation allotment	Increasing the limits for the transportation allotments to help reduce the financial burden on clients participating in job search. Contact Ian Horlor, ESA.	WSR 04-14-044 Filed 6/29/04	WSR 04-15-129 Filed 7/20/04
WAC 388-400-0005, 388-400-0010, 388-400-0025, 388-400-0040, 388-438-0110, 388-450-0100, 388-450-0106, 388-450-0116, 388-450-0156, 388-462-0020, 388-505-0210, 388-532-720, and 388-800-0048	Several WAC chapters	Revising cross references	Amending rules to update cross-references to conform to proposed changes in citizenship and alien status WAC, including the proposed repeal of WAC 388-424-0005.		WSR 03-03-007 Filed 1/6/03	WSR 04-10-099 Hearing 6/22/04	WSR 04-15-057 Effective 8/7/04
WAC 388-400-0005	Program summary	Assistance units	Amending the rule to clarify that every TANF assistance unit must contain either an eligible child or a pregnant woman. Contact Tom Berry, ESA.		WSR 04-12-096 Filed 6/2/04
WAC 388-400-0030	Program summary	Reporting requirements	Updating references to reporting requirements for cash assistance under the department's simplified reporting initiative. Contact John Camp, ESA.		WSR 03-17-085 Filed 8/19/03	WSR 04-15-054 Hearing 8/24/04
WAC 388-400-0040; 388-408-035; and 388-450-0140	Program summary; Assistance units; Income;	Convicted felon eligibility for assistance	Amending rules to be consistent with eligibility requirements for persons convicted of a drug-related felony as directed by the 2004 legislature under SB 6411. Contact Rebecca Henrie, ESA.	WSR 04-14-039 Filed 6/29/04	Exempt	WSR 04-10-096 Hearing 6/10/04	WSR 04-14-040 Effective 7/30/04
WAC 388-408-0005	Assistance units	Who must be in my assistance unit?	Clarifying the rule to make clear that every TANF (temporary assistance to needy families) assistance unit must contain either an "eligible child" or a pregnant woman, although such a rule informally governs current practice. Contact Tom Berry, ESA.		WSR 04-07-164 Filed 3/23/04
WAC 388-408-0025	Assistance units	When can I choose who is in my TANF or SFA assistance unit?	Amending the rule to clarify that the child's caretaker relative may choose to include no one in the grant but the child in this circumstance. Contact Patti Clark.		WSR 03-19-032 Filed 9/9/03
WAC 388-412-0005	Benefit issuances	General information about your basic food allotments	Amending the rule to clarify the rule regarding receiving duplicate assistance in two assistance units or two states in the same month. Contact Patti Clark, ESA.		WSR 03-23-108 Filed 11/18/03
WAC 388-412-0015	Benefit issuances		Amending the rule to clarify the rule regarding receiving duplicate assistance in two assistance units or two states in the same month. Contact Patti Clark, ESA.		WSR 04-13-100 Filed 6/21/04	WSR 04-13-098 Hearing 7/27/04
WAC 388-414-0001	Categorical eligibility for food assistance	Some food assistance units do not have to meet all eligibility requirements	Updating the rule to clarify requirements for clients and department staff, exercise state options within the food stamp program, and assist in consistent statewide application of policy for the Washington Basic Food Program. Contact John Camp, ESA.	WSR 04-10-061 Filed 4/30/04	WSR 04-08-036 Filed 3/30/04	WSR 04-10-098 Hearing 6/10/04	WSR 04-14-038 Effective 8/1/04
WAC 388-416-0005; 388-418-0007, 388-418-0011 and 388-418-0020; and WAC 388-434-0005	Certification periods Change of circumstances Eligibility review and recertification	Reporting requirements for basic food and temporary assistance to needy families (TANF)	Amending rules to reduce client-reporting requirements under the department's simplified reporting initiative. Contact John Camp, ESA.		WSR 03-17-085 Filed 8/19/03	WSR 04-15-052 Hearing 8/24/04
WAC 388-418-0005	Change of circumstances	Reporting requirements	Updating references to reporting requirements for cash, food or medical assistance under the department's simplified reporting initiative. Contact John Camp, ESA		WSR 03-17-085 Filed 8/19/03	WSR 04-15-053 Hearing 8/24/04
WAC 388-424-0001, 388-424-0005, 388-424-0006, 388-424-0007, 388-424-0008, 388-424-0009, 388-424-0010, 388-424-0015, 388-424-0016, 388-424-0020, and 388-424-0025	Citizenship, alien status	Same	Amending the rules and adopting new rules to incorporate changes from federal law, and to revise the rule for clarity. Contact Tom Berry, ESA.		WSR 03-03-007 Filed 1/6/03	WSR 04-10-100 Hearing 6/22/04	WSR 04-15-004 Effective 8/7/04
WAC 388-434-0005	Eligibility review and recertification	Correction	Correcting an incorrect cross-reference without changing the effect of the rule. Contact Patti Clark, ESA.		WSR 03-19-031 Filed 9/9/03
WAC 388-434-0005, 388-434-0010 and 388-452-0005	Eligibility review and recertification Interview requirements	Same	Amending rules to clarify language and program requirements for the eligibility review process for cash and medical benefits, recertification process for basic food, and interview requirements for department programs. Contact John Camp, ESA.		WSR 03-23-061 Filed 11/17/03
WAC 388-434-0010	Eligibility review and recertification	Verification	Amending the rule to indicate how late verification will be treated for recertification for food assistance. Contact Rebecca Henrie, ESA.		WSR 04-11-083 Filed 5/18/04
WAC 388-442-0010	Felons	How being a felon impacts your eligibility for benefits	Implementing 2004 law changes that remove the ban on convicted felons being eligible for the basic food program and for temporary assistance to needy families (TANF) or state financial assistance. Contact Rebecca Henrie, ESA.	WSR 04-14-041 Filed 6/29/04	WSR 04-10-091 Filed 5/4/04	WSR 04-14-042 Hearing 8/10/04
Chapter 388-444 WAC	Food stamp employment and training	Same	Simplifying and updating language so that the rules are easier to read and use.		Planned for future action
Chapters 388-446 and 388-464 WAC	Fraud Quality assurance	Fraudulent actions, failure to cooperate with process	Adopting rules to be consistent with federal requirements; updating program language and clarify the impact of fraudulent actions or failure to cooperate with the quality assurance process. Contact Amber Gillum, ESA.		WSR 03-24-100 Filed 12/3/03
WAC 388-446-0005	Fraud	Corrections	Correcting incorrect WAC or RCW cross-references. Contact Patti Clark, ESA.		WSR 03-20-032 Filed 9/23/03	WSR 04-03-094 Hearing 2/24/04	WSR 04-13-097 Effective 7/22/04
Chapter 388-448 WAC	Incapacity	Individual responsibility plan requirements -- General assistance	Developing new individual responsibility plan requirements for general assistance recipients enrolled in WorkPlus. Contact Steve Ebben, ESA.		WSR 01-23-065 Filed 11/20/01
WAC 388-448-0180	Incapacity	How and when we redetermine your eligibility if we decide you are eligible for GAX	Amending the rule to make reference to the correct type of hearing. "Administrative hearing" needs to be replaced by "appeals court review." Contact Glenda Lee, ESA.		WSR 02-11-125 Filed 5/21/02
WAC 388-450-0005	Income	Income exclusions	Amending the rule to include exemptions for income for payments that go to a third party as specified by a court order or other legal agreement. Contact Rebecca Henrie, ESA		WSR 04-10-094 Withdrawn See WSR 04/13/99
WAC 388-450-0015	Income	What types of income are not used when figuring out my benefits?	Amending the rule to include exclusions for payments specified by a court order or legal agreement. Rebecca Henrie, ESA.		WSR 04-13-107 Filed 6/21/04
WAC 388-450-0015	Income	Eligibility -- Counting veterans benefits	Amending the rule per federal regulations requiring that veteran's benefits paid to Vietnam veterans who have children with birth defects not be counted when the department determines eligibility for temporary assistance for needy families (TANF). Contact Patti Clark, ESA.		WSR 03-18-098 Filed 9/2/03
WAC 388-450-0050	Income	Subsidized and unsubsidized income	Simplifying the rule to define what subsidized and unsubsidized income is for Community Jobs and how each affects eligibility for Basic Food and TANF/SFA benefits. Contact Ian Horlor, ESA.		WSR 04-07-085 Filed 4/16/04	WSR 04-11-084 Hearing 6/22/04	WSR 04-14-043 Effective 7/1/04
WAC 388-450-0100	Income	Allocating income	Amending the rule regarding definitions. Contact Patti Clark, ESA.		WSR 04-05-034 Filed 2/11/04
WAC 388-450-0135	Income	Allocating Income of an ineligible spouse to a GAU client	Simplifying how the department allocates income from an ineligible spouse to a general assistance recipient. Contact Veronica Barnes, ESA.		WSR 02-08-054 Filed 4/1/02
WAC 388-450-0185, 388-450-0190, 388-450-0195, 388-478-0060, 388-492-0040, and 388-492-0070	Income Standards for payments Washington Combined Application Project	Annual standards adjustment	Amending all necessary sections in Title 388 WAC to implement annual adjustments to standards for WASHCAP (Washington combined application program) and the Washington Basic Food Program. Contact John Camp, ESA.		WSR 04-12-092 Filed 6/2/04
WAC 388-450-0500	Income	Counting community jobs income	Clarifying the rule on how the department uses income from community jobs to determine TANF and Basic Food assistance benefits. Contact Ian Horlor, ESA.		WSR 04-07-085 Filed 3/16/04
WAC 388-452-0005	Interview	Telephone interviews	Amending the rule to incorporate an approved federal waiver allowing phone interviews for clients recertifying benefits regardless of hardship.		WSR 03-23-061 Filed 11/17/03	WSR 04-06-040 Hearing 4/6/04	WSR 04-10-102 Effective 7/1/04
WAC 388-454-0006 and 388-454-0025	Living with a relative	Background checks	Revising rules on background checks on adults who are acting in loco parentis (in place of another) without court ordered custody. Contact Stephanie Del Camp, ESA.		WSR 02-11-061 Filed 5/10/02
Chapter 388-460 WAC	Payees on benefit issuances	Protective payee policies	Proposing changes to protective payee policies. Contact Brent Low, ESA.		WSR 01-23-067 Filed 11/20/01
WAC 388-468-0005	Residency	Same	Amending rules to prohibit the receipt of benefits from Washington state while receiving comparable benefits from another state. Contact Ken Adney, ESA.		WSR 03-14-080 Filed 6/27/03
WAC 388-470-0040	Resources	Correction	Correcting incorrect WAC or RCW cross-references. Contact Patti Clark, ESA.		WSR 03-20-033 Filed 9/23/03
WAC 388-472-0005	Rights and responsibilities	What are my rights and responsibilities?	Amending this rule to clarify information regarding requirements for receiving children's family medical, pregnancy medical, and SSI-related medical. Contact Patti Clark, ESA.		WSR 03-19-035 Filed 9/9/03
WAC 388-472-0010	Rights and responsibilities	Correction	Correcting an obsolete WAC cross-reference. Contact Patti Clark, ESA.		WSR 03-21-150 Filed 10/22/03	WSR 04-03-093 Hearing 2/24/04	WSR 04-14-037 Effective 7/30/04
WAC 388-473-0010	Ongoing additional requirements	Eligibility	Amending the rule extend the eligibility period for ongoing additional requirements for recipients receiving Supplemental Security Income (SSI) to up to twenty-four months. Contact Lorri Gagnon, ESA.		WSR 04-12-097 Filed 6/2/04
Chapter 388-490 WAC	Verification	Proof of eligibility	Streamlining the application process by standardizing how the department requests proof of eligibility. Contact Veronica Barnes, ESA.		WSR 02-14-159 Filed 7/2/02
WAC 388-492-0010, 388-492-0020, 388-492-0030, 388-492-0040, 388-492-0050, 388-492-0060, 388-492-0070, 388-492-0080, 388-492-0090, 388-492-0100, 388-492-0110, 388-492-0120, and 388-492-0130	Washington combined application program (WASHCAP)	Same	Changing rules to comply with a revised federal waiver. The new rules will further define WASHCAP eligibility. Contact Rebecca Henrie, ESA.	WSR 04-13-001 Filed 6/2/04	WSR 04-04-097 Filed 2/3/04
WAC chapter not yet specified		Client reporting requirements	Implementing quarterly reporting for clients.		Planned for future action
WAC chapter not yet specified		Overpayments to clients	Eliminating overpayments caused by agency error and amending all related rules. Contact Veronica Barnes, ESA.		WSR 00-09-036 Filed 4/14/00
HEALTH AND REHABILITATIVE SERVICES ADMINISTRATION (HSRA)
HRSA - Division of Alcohol and Substance Abuse (DASA)
			No current rule-making activity.
HRSA - Division of Vocational Rehabilitation (DVR)
Chapter not specified	Background checks for DVR service providers	Background checks for DVR service providers	Adopting rules on background checks for Division of Vocational Rehabilitation (DVR) service providers who have unsupervised access to DVR clients. Contact Susan Hartman, HRSA-DVR.		WSR 03-24-101 Filed 12/3/03
HRSA - Mental Health Division (MHD)
Chapter 388-865 WAC	Community mental health and involuntary treatment programs	Consumer peer support counseling	Adopting amended and new rules for consumer peer support services to be consistent with the state's 1915(b) waiver from the federal Center for Medicare and Medicaid Services. Contact Kathy Burns Peterson, HRSA-MHD.		WSR 04-08-122 Filed 04/7/04
WAC 388-865-0100 through 388-865-0484	Community mental health and involuntary treatment programs	Community support service providers	Revising rules to be consistent with the federal balanced budget act, and for quality improvement. Contact Karie Castleberry, HRSA-MHD.		WSR 03-08-077 Filed 4/1/03
WAC 388-865-0335 and 388-865-0340	Community mental health and involuntary treatment programs	Enrollment and disenrollment	Amending and repealing rules to be consistent with the provisions of the waiver (section 1915 (b) of the Social Security Act) from the federal funding source for Medicaid recipients. Contact Hank Balderrama, HRSA-MHD.		WSR 04-05-075 Filed 2/17/04
WAC 388-865-0465	Community mental health and involuntary treatment programs	Adult residential treatment facility certification--Additional standards	Amending the rule to correct an incorrect WAC cross-reference. Contact Kathy Burns Peterson, HRSA-MHD.		Exempt	WSR 04-05-081 Hearing 3/23/04	WSR 04-12-043 Effective 6/28/04
HRSA - Special Commitment Center
Chapter 388-885 WAC	Civil commitment cost	Reimbursing attorney and others' fees	Revising rules to update reimbursement fee schedules for allowable activities under chapter 71.09 RCW. Contact Lee Mosley, HRSA-Special Commitment Center.		WSR 04-10-092 Filed 5/4/04
HRSA - Office of Deaf and Hard of Hearing Services
			No current rule-making activity.
JUVENILE REHABILITATION ADMINISTRATION (JRA)
Chapter 388-700 WAC	Juvenile rehabilitation administration -- Practices and procedures	Background checks	Potential revisions due to changes in background check procedures. Contact David Griffith, JRA.		Planned for future action
Chapter 388-740 WAC	Juvenile parole revocation	Juvenile parole revocation requirements	Potential revision to update confidentiality requirements. Contact Cheryl-Sullivan Colglazier, JRA.		Planned for future action
Chapter 388-745 WAC	Transfer of juvenile offenders to the Department of Corrections (DOC)	Transfers to DOC	Potential revisions due to changes in transfer procedures. Contact David Griffith, JRA.		Planned for future action
MANAGEMENT SERVICES ADMINISTRATION (MSA)
Chapter 388-02 WAC	DSHS hearing rules	Same	Revising rules permitting review by the DSHS Board of Appeals of initial orders entered by Office of Administrative Hearings in adult protective services cases; and to update WAC and/or RCW references. Contact Brian Lindgren, MSA.	WSR 04-15-056 Filed 7/13/04	WSR 03-21-149 Filed 10/22/03
Chapter 388-03 WAC	Certification of DSHS spoken language interpreters and translators	Same	Updating the chapter's references to units of DSHS (such as language interpreter services and translations, or LIST) that have been reorganized and renamed, to change timeframes for DSHS mailing of letters notifying applicants of their test dates, and other needed changes. Contact Brian Lindgren, MSA.		WSR 04-01-142 Filed 12/19/03
MEDICAL ASSISTANCE ADMINISTRATION (MAA)
WAC 388-416-0020 388-519-0100 and 388-519-0110	Certification periods Spenddown		Changing some of the wording to make the meaning of the rules - who is eligible and when eligibility starts - clearer and easier to understand. Contact Mary Beth Ingram, MAA.		WSR 04-13-102 Filed 6/21/04
WAC 388-416-0035	Certification periods	Medicare savings program	Amending the rule to reflect a name change for the expanded specified low-income Medicare beneficiary (ESLMB to qualified individual (QI-1) to clarify certification periods. Contact Carole McRae, MAA.		WSR 04-12-098 Filed 6/2/04
WAC 388-434-0005	Eligibility reviews and recertifications	Eligibility reviews and certifications	Amending the rule to eliminate the requirement for one parent in a household to sign the medical eligibility review, allowing for review received electronically or by phone interview. Contact Mary Wood, MAA.		WSR 04-07-086 Filed 3/16/04
WAC 388-462-0015	Pregnancy	Medical programs for pregnant women	Revising the rule to describe what is considered acceptable verification for pregnancy and also rewriting the WAC for clarity. Contact Wendy Forslin, MAA.		WSR 04-14-097 Filed 7/6/04
WAC 388-475-1050 and 388-475-1250	Healthcare for workers with disabilities program	Supplemental security income (SSI) Medicaid	Expedited Rule: Correcting obsolete WAC cross-references created by new and amended rules adopted under WSR 04-09-002, 04-09-003, 04-09-004 and 04-09-005. Contact Stephen Kozak, MAA.		Expedited Rule WSR 04-09-091 Filed 4/20/04	Objection Period Ends 6/21/04	WSR 04-15-002 Effective 8/7/04
WAC 388-478-0075	Standards for payments	Standards	Amending the rule to implement new federal poverty level standards taking effect April 1, 2004. Contact Mary Woods, MAA.	WSR 04-09-001 Filed 4/7/04	WSR 04-07-165 Filed 3/23/04	WSR 04-12-042 Hearing 7/6/04	WSR 04-15-092 Effective 8/16/04
WAC 388-478-0080	Standards for payments	Supplemental security income (SSI) -- Categorically needy income level and countable resource standards	Revising the rule to qualify for continued federal financial participation. Contact Wendy Forslin, MAA.	WSR 04-11-013 Filed 5/6/04	WSR 03-08-085 Filed 4/1/03	WSR 04-13-134 Hearing 7/27/04
WAC 388-478-0085	Standards for payments	Medicare savings program	Amending the rule to adopt new federal poverty level standards effective April 1, 2004. Contact Joanie Scotson, MAA	WSR 04-07-167 Filed 3/23/04	WSR 03-08-081 Filed 4/1/03	WSR 04-13-135 Hearing 7/27/04
WAC 388-500-0005	Medical definitions	Same	Rewriting some definitions for clarity; adding definitions that are currently in other WAC chapters, and deleting obsolete definitions. Contact Kevin Sullivan, MAA. (Note: Original proposed rule, WSR 02-23-082 expired.)		WSR 00-22-015 Filed 10/20/00	See note at left.
WAC 388-502-0160	Administration of medical programs	Billing a client	Amending the rule to implement budget reductions directed by the state legislature. Contact Wendy Boedigheimer, MAA.		WSR 04-07-088 Filed 3/16/04
WAC 388-502-0220, 388-502-0230, and 388-502-0260	Administration of medical programs--Providers	Vendor dispute resolution	Updating the vendor dispute resolution process. Contact Kevin Sullivan, MAA.		WSR 01-16-135 Filed 7/31/01
WAC 388-513-1325	Client not in own home -- Institutional medical	Income of a single client for long-term care services	Adding income requirements currently found in other rules; correcting incorrect WAC cross-references. Contact Mary Beth Ingram, MAA.		WSR 02-24-070 Filed 12/3/02
WAC 388-513-1340 and 388-450-0020	Client not in own home -- Institutional medical Income	Income exclusions	Clarifying that veterans aid and attendance and unusual medical expense can be considered third-party resources. Contact Mary Beth Ingram, MAA.		WSR 03-08-086 Filed 4/1/03
WAC 388-517-0300		Medicare saving programs	Amending the rule or adopting new rules to reflect federal law and rules on copayments and program eligibility. Contact Carole McRae, MAA.		WSR 04-10-090 Filed 5/4/04
WAC 388-519-0120 (expedited repeal)	Spend-down	Medically indigent program	Repealing an obsolete rule because the medically indigent program was eliminated by the legislature. Contact Wendy Forslin, MAA.		Expedited Repeal WSR 04-15-012 Filed 7/8/04	Objection deadline 9/20/04
Chapter 388-526 WAC	MAA administrative hearings	Same	Amending this WAC chapter to better define the scope of this rule and to add procedural requirements to MAA's client hearing process. Contact Kevin Sullivan, MAA.		WSR 04-04-096 Filed 2/3/04
Chapter 388-529 WAC	Scope of medical services	Covered services	Updating the scope of medical services chart that shows what medical services are covered under the department's medical assistance programs. Contact Kevin Sullivan, MAA.		WSR 04-06-054 Filed 3/1/04
WAC 388-530-1050, 388-530-1125, 388-530-1200, 388-530-1250, 388-530-1260, and related rules	Prescription drugs	Preferred drugs	Implementing 2003 law (SB 6008) establishing an evidence-based prescription drug program that identifies preferred drugs; to provide prescription drugs at a reasonable price, and increase public awareness of safe and effective use. Contact Ann Myers, MAA.		WSR 04-09-035 Filed 4/13/04
Chapters 388-531 and 388-550 WAC	Physician-related services Hospital services	Bariatric surgery	Adopting rules to establish criteria and pre- and post-operative requirements for clients that would further prevent the likelihood of complications from bariatric surgery. Contact Wendy Boedigheimer, MAA.	WSR 04-15-090 Filed 7/16/04	WSR 04-12-093 Filed 6/2/04
WAC 388-531-0275	Physician-related services	Medical teaching and residency	Revising rules to remain current with medical teaching and residency programs. Contact Wendy Boedigheimer, MAA.		WSR 03-08-084 Filed 4/1/03
Chapter 388-532 WAC	Family planning services	Same	Revising rules to clarify the language regarding reproductive health and to clarify the differences between family planning, family planning only, and the TAKE CHARGE program. Contact Wendy Boedigheimer, MAA.		WSR 04-12-094 Filed 6/2/04
Chapter 388-533 WAC	Maternity-related services	Maternity services and First Steps	Changing eligibility criteria for infant case management, defining core services, changing codes and time limits for billing, integrating maternity case management with maternity support services, and creating a separate rule for childbirth education. Contact Wendy Boedigheimer, MAA.		WSR 03-15-124 Filed 7/11/03	WSR 04-05-083 Hearing 4/6/04	WSR 04-13-049 Effective 7/11/04
WAC 388-533-0400, 388-533-0500, and 388-533-0600	Maternity-related services	Same	Amending rules to remove references to the Medically Indigent Program and "pilot project' for the Planned Home Birth rules; combining language on births in birthing centers and homes births; elimination reimbursement for prenatal assessment care; and clarifying antepartum care language. Contact Wendy Boedigheimer, MAA.		WSR 04-14-098 Filed 7/6/04
Chapter 388-535 WAC	Dental related services	Children's dental	Updating and clarifying current policy regarding the children's dental program; updating and clarifying other sections in this chapter. Contact Kathy Sayre, MAA.		WSR 04-07-115 Filed 3/18/04
WAC 388-535-1050 and 388-535-1065	Dental related services	Corrections	Correcting two typographical errors. Contact Andy Fernando, Rules and Policies Assistance Unit.		Expedited Rule WSR 04-07-142 Filed 3/22/04	No objection filed by the 5/24/04 deadline	WSR 04-14-100 Effective 8/7/04
Chapter 388-535A WAC	Orthodontic services	Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA)	Revising rules to update and clarify existing policy regarding orthodontic services, including program definitions, provider requirements, expedited prior authorization, and reimbursement; and to incorporate federal HIPAA requirements into permanent rule. Contact Kathy Sayre, MAA.	WSR 04-12-041 Filed 5/28/04	WSR 03-20-103 Filed 9/30/03
Chapter 388-536 WAC	Federally qualified health centers and rural health centers	Same	Adopting a new WAC chapter will comply with federal financial changes, section 702 of BIPA 2000, and legislative directive to implement prospective payment system. Contact Wendy Boedigheimer, MAA.		WSR 02-06-088 Filed 3/1/02
Chapter 388-538 WAC	Managed care	Integrated health management program	Implementing a legislative directive allowing contracting with health plans for new populations and services not included in healthy options contracts. Contact Wendy Boedigheimer, MAA		WSR 04-13-101 Filed 6/21/04
WAC 388-538-060	Managed care	Managed care and choice	Amending the rule to make the process of enrolling for Medicaid managed care more efficient and to simplify the administrative process. Contact Ann Myers, MAA. (Note: This filing was withdrawn, see WSR 04-14-034.)		WSR 03-16-020 Filed 7/28/03 WITHDRAWN
WAC 388-538-063 and WAC 388-505-0110	Managed care Premiums--Children's medical	Medical care services management pilot project	Implementing a medical care services management pilot project for clients who receive general assistance (GAU) benefits, designed to maximize care coordination, high-risk medical management, and chronic care management to achieve better health outcomes. The pilot project to be operated in King and Pierce counties. Contact Wendy Boedigheimer, MAA.		WSR 04-04-095 Filed 2/3/04	WSR 04-09-090 Hearing 5/25/04	WSR 04-15-003 Effective 8/7/04
WAC 388-538-112	Managed care	MAA fair hearing process for enrollee appeals of managed care organization (MCO) actions.	Amending the rule to include DSHS as party to hearings - language inadvertently left out of the previous adoption. Contact Ann Myers, MAA.		WSR 03-21-151 Filed 10/22/03	WSR 04-07-135 Hearing 4/27/04	WSR 04-13-002 Effective 7/3/04
Chapter 388-542 WAC WAC 388-505-0211	Children's health insurance program (CHIP) Premium requirements for SCHIP children	Premiums	Revising premium rates and maximums per changes in state law, eligibility termination for nonpayment of premiums, and wait periods for reestablishing coverage. Contact Kevin Sullivan, MAA.	WSR 04-13-137 Filed 6/22/04 (WAC 388-542-0250 only)	WSR 04-10-093 Filed 5/4/04	WSR 04-13-140 Hearing 7/27/04
Chapter 388-544	Vision and hearing aids	Vision care	Reorganizing vision care rules to ensure consistency with other MAA program rules, to clarify current program policy, to add coverage for disposable contact lenses, and to discontinue or limit coverage for glass lenses. Contact Wendy Boedigheimer, MAA.		WSR 04-07-087 Filed 3/16/04
Chapter 388-546 WAC	Nonemergency medical transportation	Same	Clarifying language and current policy for nonemergent medical transportation services. Contact Allen Richards, MAA.		WSR 03-08-023 Filed 3/26/03
Chapter 388-546	Nonemergency medical transportation	Same	Updating and clarifying existing policy regarding emergency transportation services; aligning policy with Medicare policy and adding new sections on trauma supplemental payment, and other revisions. Contact Wendy Boedigheimer, MAA.		WSR 04-02-060 Filed 1/6/04	WSR 04-02-103 Hearing 7/27/04
Chapter 388-550 WAC	Hospital services	Outpatient hospital services -- Payment methods	Implementing a new Medicaid payment method for outpatient hospital services provided to Medicaid clients. The outpatient prospective payment system (OPPS) uses claims and cost data to calculate payments for outpatient hospital services provided to eligible medical assistance clients. Contact Kathy Sayre, MAA.		WSR 04-03-092 Filed 1/20/04
WAC 388-550-1050, 388-550-1700, 388-550-1750, 388-550-2900, 388-550-5900, 388-531-0050	Hospital services Physician-related services	Twenty-four hour criteria for outpatient short-stay	Replacing the twenty-four hour criteria in the definition of "outpatient short-stay; and clarify prior approval policy for inpatient and outpatient hospital services. Contact Kathy Sayre, MAA.		WSR 04-13-103 Filed 6/21/04
WAC 388-550-1900	Hospital services	Interns, residents, teaching physicians and physician preceptorships	Amending rules to be consistent with industry standards; establishing MAA standards for supervising interns and residents in nonhospital settings; and expanding definition of "under primary care" exception. Contact Wendy Boedigheimer, MAA.		WSR 02-06-084 Filed 3/1/02
WAC 388-550-2598	Hospital services	Critical access hospitals	Revising the method for cost settlement for services provided to clients eligible under the department's managed care programs to ensure that critical access hospitals receive the correct level of reimbursement. Contact Kathy Sayre, MAA.		WSR 04-01-141 Filed 12/19/03
WAC 388-550-2800, 388-550-4800, 388-550-5450 (new) and 388-550-6000 chapters 388-531 and 388-546 WAC	Hospital services Physician-related services and Medical transportation	Trauma services network	Adopting rules to encourage participation in the trauma services network. Contact Kathy Sayre, MAA.		WSR 03-04-087 Filed 2/2/03
WAC 388-550-2800 and 388-550-2900	Hospital services	Newborn infant screening	Incorporating into rule certain newborn screening tests to the newborn metabolic screening panel and lists the specific disorders the screening tests can detect. Tests were approved through legislative direction and are to be performed for medical assistance clients in conjunction with the Department of Health (DOH). Contact Kathy Sayre, MAA.		WSR 04-03-091 Filed 1/20/04
WAC 388-550-3100	Hospital services	Diagnostic-related group (DRG) formula	Amending the rule to allow the department to use a broader database for calculating relative weights for the diagnostic-related group (DRG) formula. Contact Kathy Sayre, MAA.		WSR 04-05-085A Filed 2/17/04	WSR 04-08-123 Hearing 5/11/04	WSR 04-13-048 Effective 7/11/04
WAC 388-550-3700	Hospital services	Diagnostic-related group (DRG) high-cost and low-cost outliers	Updating the high-cost outlier policy to provide better control and predicatability of hospital costs. More hospital costs will be in the basic payment and fewer costs will go into outlier calculation. Contact Kathy Sayre, MAA.		WSR 04-15-130 Filed 7/20/04
WAC 388-550-3800	Hospital services	Rebasing and recalibration	Recalibrating relative weights in the diagnostic related group (DRG) reimbursement system without rebasing. Contact Kathy Sayre, MAA.		WSR 04-13-105 Filed 6/21/04
WAC 388-550-4800	Hospital services	Diagnosis-related group (DRG) high-cost outliers; Medically indigent program; General assistance-unemployable program	Clarifying how MAA determines payments for state-administered program claims that qualify as diagnosis-related group (DRG) high-cost outliers; removing language regarding enhanced payments for trauma care provided to a client eligible under the medically indigent (MI) program or general assistance-unemployable (GAU) program; adding a table that shows high-cost outlier calculations for qualifying claims for state-administered programs. Contact Kathy Sayre, MAA.		WSR 03-13-089 Filed 6/16/03
WAC 388-550-4900, 388-550-5000, 388-550-5100, and 388-550-5200; possible new sections in this chapter	Hospital services	Disproportionate share hospital (DSH) programs	Adopting and amending rules to incorporate small rural indigent DSH and nonrural indigent DSH programs and establish payment calculation methods for these programs; clarifying and updating payment methods for other DSH programs; adopting a new section on an administrative appeal process for DSH program participants. Contact Kathy Sayre, MAA.		WSR 04-03-090 Filed 1/20/04	WSR 04-08-124 Hearing 5/11/04	WSR 04-12-044 Effective 6/28/04
WAC 388-550-6000	Hospital services	Outpatient services	Updating reimbursement rules consistent with new Medicaid payment method for outpatient services (the outpatient prospective payment system), and removing the twenty-four hour criteria for outpatient stay. Contact Kathy Sayre, MAA.		WSR 04-13-104 Filed 6/21/04
Chapter 388-551 WAC	Alternatives to hospital services	Hospice care services; Pediatric palliative care	Incorporating language from current agreements with hospice care centers into the hospice services WAC; the pediatric palliative care program is being incorporated into rule; and clarifying and updating hospice services rules. Contact Kathy Sayre, MAA.		WSR 04-07-114 Filed 3/18/04
Chapter 388-551 WAC	Alternatives to hospital services	Home health services	Updating and clarifying current program policy and to establish a tiered health care plan that includes a continuum of home health care. Contact Kathy Sayre, MAA.		WSR 04-02-061 Filed 1/7/04
WAC 388-551-1000, 388-551-1010, 388-551-1200, 388-551-1210, 388-551-1300, 388-551-1310, 388-551-1315, 388-551-1320, 388-551-1330, 388-551-1340, 388-551-1350, 388-551-1360, 388-551-1400, 388-551-1410, 388-551-1500, 388-551-1510, 388-551-1520, and 388-551-1530	Alternatives to hospital services	Hospice care program	Incorporating language from current agreements with hospice care centers into rule, and to update and clarify language. Contact Kathy Sayre, MAA.		WSR 01-03-095 Filed 1/18/01
Chapter 388-554 WAC (new)	Medical nutrition program	Same	Establishing the medical nutrition program in rule; setting requirements, limitations and restrictions for the program.		WSR 03-18-102 Filed 9/2/03
Chapter 388-555 WAC	Interpreter services	Purchase and service delivery	Changing how interpreter services are purchased and delivered. Implements 2002 legislative directives in SB 6832. Contact Myra Davis, MAA.		WSR 02-11-027 Filed 5/21/02
OFFICE OF THE SECRETARY/DSHS HEADQUARTERS PROGRAMS
Chapter 388-01 WAC	DSHS organization/disclosure of public records	Same	Updating and clarifying current rules to reflect changes and improvements in procedures for responding to public requests for disclosure of records. Contact Kristal Wiitala Knutson, Office of the Secretary.		WSR 02-01-007 Filed 12/7/01
Chapter 388-06 WAC	Background checks	Same	Revising background check rules to incorporate additional DSHS programs. Contact Jackie Beery, Background Check Central Unit.		Planned for future filing

Explanation of selected terms used in these tables:

     A "Preproposal Notice" is a CR-101 Preproposal Statement of Inquiry, filed under RCW 34.05.310. This is a preliminary notice to the public that the agency is in the planning stages to adopt, amend or repeal rules on a particular subject, and the laws authorizing the agency's action. The notice also lets the public know how to participate in the development of the agency rule, and identifies the agency's contact person. "CR" stands for Code Reviser.

     A "Proposed Rule" is a CR-102 Proposed Rule-Making notice, filed under RCW 34.05.320. The proposed rule notice is an announcement that includes: (1) A general description of the rules that the agency proposes to adopt, amend or repeal; (2) the laws authorizing the agency action; (3) the complete text of proposed rules; (4) if applicable, a small business economic impact statement; (5) how to obtain a copy of the preliminary cost benefit analysis, if applicable; and (6) agency staff that the public may contact about the proposed rules. A proposed rule notice also includes the date and location of a public hearing to take formal comments about the proposed rules, the deadline for written comments, and where written comments may be sent.

     An "Expedited Rule" is a CR-105 Expedited Rule-Making notice, filed per RCW 34.05.353. An agency may use this process to notify the public that it intends to adopt, amend or repeal very limited types of rules without accepting public comments or holding a public hearing. An expedited rule notice contains a description of the rule, the laws authorizing the agency's action, and the complete text of the proposed new or amended rule, or the citation and caption of rules being repealed. Within forty-five days after the expedited rule notice is published in the state register, anyone may file a written objection to the agency using the expedited rule-making process to adopt the rule. If a written objection is received, the agency must file a CR-102 proposed rule-making notice, invite public comments and hold a public hearing on the proposed rule before adopting it as permanent. If no objection is received by the deadline, the agency may adopt the rule as permanent by filing a CR-103 permanent rule-making order.

     A "Permanent Rule" is a CR-103 Rule-Making Order, filed under RCW 34.05.360 and 34.05.380. A permanent rule is the official notice that an agency is adopting as final new, amended or repealed rules, completing the rule-making process. A permanent rule order includes the purpose of the rule-making order, the laws authorizing the agency's action, and when the permanent rules will take effect. The permanent rule includes the complete text of the new or amended rules, or the citation and caption of rules being repealed. Agencies also may use a CR-103 notice form to adopt temporary emergency rules (see below).

     An "Emergency Rule" is also a CR-103 Rule-Making Order, filed under RCW 34.05.350 and 34.05.380. An emergency rule may be used to meet an urgent public health, safety or welfare need, or if the rule is needed to meet a requirement of a federal or state law, or a deadline for receiving federal funds. Emergency rules take effect as soon as they are filed with the state Code Reviser, or a later date if noted on the order, and are effective for one hundred twenty days after the filing date. Emergency rules may be extended in certain circumstances. Emergency rules may not become permanent rules unless the agency files a preproposal notice and/or a proposed rule notice as applicable, invites public comment on the proposed rules, conducts a public hearing, and complies with other applicable rule-making statutes.

     "Rules" as used generally in this document are the Washington Administrative Code, also known as WAC or regulations, and are adopted by state agencies according to the Administrative Procedure Act, chapter 34.05 RCW. References to "federal rules" are United States government regulations, also known as the Code of Federal Regulations, or C.F.R.

     State "Statutes" are laws adopted by the legislature and signed by the governor, or may be initiatives adopted by the state's voters, and are codified as the Revised Code of Washington (RCW). Recent state statutes may also be identified as session laws, for example: "chapter 140, Laws of 2003," or by legislative bill numbers, such as "ESSB 6387."

     All DSHS rule-making notices and adoption orders are filed with the state Office of the Code Reviser for legal publication in the Washington State Register, and are available to the public. Interested persons, businesses, organizations, local governments and agencies may receive copies of DSHS rule-making notices by postal mail or e-mail by contacting Fred Swenson at the DSHS Rules and Policies Assistance Unit, (360) 664-6097, or at SwensFH@dshs.wa.gov. This document is also available from the DSHS public website, at http://www1.dshs.wa.gov/msa/rpau/.

© Washington State Code Reviser's Office