WSR 07-16-086

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed July 30, 2007, 11:49 a.m. ]

     Following is the department of social and health services' semi-annual rule-making agenda for July 1, 2007, through December 31, 2007. This agenda will be published in the state register under RCW 34.05.314 and distributed to interested parties, and is available online at http://www1.dshs.wa.gov/msa/rpau/.

     This report represents DSHS rules under development at this time. There may be additional rule-making activity as DSHS responds to legislative actions, to comply with federal mandates, or to meet unforeseen circumstances.


Semi-Annual Rule-Making Agenda

July 1, 2007, through December 31, 2007



WAC Chapter or WAC Number WAC Chapter or Section Caption Subject Matter Program Contact Person Current Activity

(the "WSR" number is the official filing number)

Emergency Rule Preproposal Notice Proposed Rule Permanent (Final) Rule
Aging and Disability Services Administration (ADSA)
ADSA-Division of Developmental Disabilities (DDD)
Chapter

388-829A WAC

Alternative living program. Moving standards for these services from current chapter 388-825 WAC. Debbie Roberts

ADSA-DDD

WSR

06-07-086

Filed

3/14/06

WSR

07-11-133

Hearing

7/10/07

Chapter

388-829C WAC

Companion homes. Moving standards for these services from current chapter 388-825 WAC. Debbie Roberts

ADSA-DDD

WSR

06-07-086

Filed

3/14/06

WSR

07-11-132

Hearing

7/10/07

Chapters

388-823,

388-825, and

388-830 WAC

Intake and determinations

Disabilities services rules;

DD program option rules.

Amending rules to correct cross references and clarify incomplete information in rules. Steve Brink

ADSA-DDD

WSR

06-16-125

Filed

8/1/06

Chapter

388-824 WAC

DDD mini assessment. Repealing sections in this chapter that have been replaced by the DDD assessment in chapter 388-828 WAC. Mark Eliason

ADSA-DDD

WSR

07-05-037

Filed

2/14/07

Chapter

388-825 WAC,

WAC 388-832-0001 through

388-832-0470

Individual and family services. Combining three family support programs into one individual and family services program. Steve Brink

ADSA-DDD

WSR

07-14-071

Filed

6/29/07

WSR

07-10-018

Filed

4/20/07

Chapter

388-825 WAC

Division of developmental disabilities service rules. Defining and reorganizing the rules governing the delivery of services to individuals with developmental disabilities. Steve Brink

ADSA-DDD

WSR

07-09-046

Filed

4/11/07

Chapter

388-826 WAC

DDD voluntary placement program rules. Amending rules to outline the foster care rate assessment. Rita Dickey

ADSA-DDD

WSR

07-04-065

Filed

2/1/07

WSR

07-11-140

Hearing

6/26/07

WSR

07-15-003

Effective

8/6/07

Chapter

388-827 WAC

State supplementary payment (SSP) program. Amending rules to comply with the DDD assessment. Steve Brink

ADSA-DDD

WSR

07-15-016

Filed

7/10/07

Chapter

388-828 WAC

DDD assessment. Incorporating the individual and family services assessment algorithm into the DDD assessment. Mark Eliason

ADSA-DDD

WSR

07-14-081

Filed

6/29/07

And

WSR

07-15-054

Filed

7/16/07

WSR

07-15-081

Filed

7/18/07

Chapter

388-828 WAC

DDD

assessment.

Creating WAC 388-828-9000, 388-828-9020, 388-828-9040, 388-828-9060, 388-828-9080, 388-828-9100, 388-828-9120, and 388-828-9140 to combine three family support programs into one individual and family services program as directed by the legislature. Mark Eliason

ADSA-DDD

WSR

07-14-072

Filed

6/29/07

Chapter

388-831 WAC

(new)

Community protection program. Establishing the community protection program as directed by recent state law. Steve Brink

ADSA-DDD

WSR

06-08-034

Filed

3/28/06

Chapter

388-835 WAC

ICF/MR program and reimbursement system. Amending language to reflect new rates for intermediate care facilities for the mentally retarded. Steve Brink

ADSA-DDD

Planned for future action
Chapter

388-845 WAC

Home and community based services waivers. Amending DDD waivers under Section 1915 of the Social Security Act. Steve Brink

ADSA-DDD

WSR

07-12-022

Filed

5/29/07

WSR

07-12-050

(amending WAC 388-845-1605)

Filed

6/1/07

WSR

06-09-013

Filed

4/10/06

WSR

07-11-130

Hearing

7/25/07

Chapter

388-850 WAC

County plan for developmental disabilities. Rewriting rules in "plain talk" format and clarifying language. Steve Brink

ADSA-DDD

Planned for future action
ADSA - Home and Community Services (HCS)
Chapter

388-106 WAC

Long-term care services. Amending sections within chapter 388-106 WAC to comply with a supreme court decision pertaining to shared living. Kristi Knudsen

ADSA-HCS

WSR

07-14-070

Filed

6/29/07

WSR

07-14-033

Filed

6/26/07

Chapter

388-106 WAC

Long-term care services. Clarifying requirements related to children's medicaid personal care (MPC) assessments and amending personal emergency response (PERS) language to clarify that two people who live together who are unable to secure help in an emergency may now be eligible for a PERS unit, and adding PERS medication management language. Kristi Knudsen

ADSA-HCS

WSR

07-15-049

Filed

7/13/07

Chapter

388-106 WAC

Long-term care services. Amending the in-home classifications to allow for the additional consideration of hours for clients with complex behavioral and cognitive issues and for clients with extremely high needs for assistance with activities of daily living. Kristi Knudsen

ADSA-HCS

WSR

07-15-048

Filed

7/13/07

WAC

388-106-0020

Under MPC, COPES, MNRW, MNIW and chore programs, What services are not covered? Amends guidelines pertaining to the administration of sterile procedures to more clearly articulate who can and cannot perform certain services. Kristi Knudsen

ADSA-HCS

WSR

07-13-059

Filed

6/16/07

WAC

388-106-0225

How do I pay for MPC? Increasing the personal needs allowance (PNA) 3.3%; clarifying allowances for a GA-X client residing in an alternate living facility (ALF) that has earned income; clarifying a SSI-related client determined medicaid eligible under WAC 388-513-1305 pays available income to an alternate living facility after allowing a PNA of $60.78; and clarifying language and updating rules. Kristi Knudsen

ADSA-HCS

WSR

07-14-075

Filed

6/29/07

WSR

07-12-066

Filed

6/4/07

Chapter

388-112 WAC

Residential long-term care services. Amending and adopting new rules to: Clarify CPR requirements and the course content for HIV/AIDS training; and requiring adult family home administrators to complete training, to comply with a 2006 change in state law. Barbara Hanneman

ADSA-HCS

WSR

06-18-083

Filed

9/5/06

WSR

06-22-079

Hearing

12/5/06

WSR

07-01-045

Effective

1/14/07

(WAC 388-112-0270 only. Other proposed sections are being revised.)

WAC

388-513-1315 and

388-513-1395

Eligibility for long-term care services. Amending rules to clarify hospice services. Lori Rolley

ADSA-HCS

WSR

07-05-012

Filed

2/9/07

WAC

388-513-1320

Determining institutional status for long-term care services. Clarifying institutional status. Lori Rolley

ADSA-HCS

WSR

07-12-068

Filed

6/4/07

WAC

388-513-1325

Determining available income for a single client for long-term care (LTC) services. Correcting WAC references to the appropriate SSI-related WACs, and defining LTC services in the title as institutional, waiver or hospice. Lori Rolley

ADSA-HCS

WSR

07-07-096

Filed

3/19/07

WSR

07-11-131

Hearing

6/26/07

WSR

07-14-087

Effective

7/30/07

WAC

388-513-1330 and

388-513-1363

Eligibility for long-term care services. Revising rules regarding the transfer of assets for clients found eligible for long-term care services due to the federal Deficit Reduction Act, PL 109-171. Lori Rolley

ADSA-HCS

WSR

07-09-062

Filed

4/16/07

WSR

06-10-020

Filed

4/24/06

WSR

07-14-019

Hearing

8/7/07

WAC

388-513-1350

Defining the resource standard and determining resource eligibility for long-term care services. Increasing spousal resource maximum, etc. Lori Rolley

ADSA-HCS

WSR

07-14-076

Filed

6/29/07

WSR

07-12-063

Filed 6/4/07

WAC

388-513-1367

(new)

Hardship waivers for long-term care services. Adopting a new rule to explain the hardship waiver process, including notice, time frames and appeal processes. Lori Rolley

ADSA-HCS

WSR

06-17-140

Filed

8/22/06

WSR

07-13-099

Hearing

7/25/07

WAC

388-513-1380

Determining a client's financial participation in the cost of care for long-term care services. Changing community spouse information. Lori Rolley

ADSA-HCS

WSR

07-14-079

Filed

6/29/07

WSR

07-12-064

Filed

6/4/07

WAC

388-515-1505

Financial eligibility for long-term care. Increasing the personal needs allowance and community spouse information. Lori Rolley

ADSA-HCS

WSR

07-14-077

Filed

6/29/07

WSR

07-12-067

Filed

6/4/07

WAC

388-515-1510

DDD waivers and outward bound residential alternatives (OBRA). Increasing the personal needs allowance and amending waiver language. Tiffany Sevruk

ADSA-HCS

WSR

07-14-074

Filed

6/29/07

WSR

07-12-065

Filed

6/4/07

ADSA - Office of Rates Management
Chapter

388-96 WAC

Nursing facility medicaid payment system. Adopting rules defining "home office" to help determine whether a nursing home is a "vital local provider" under state law. Ed Southen

ADSA

Nursing Home Rates Section

WSR

06-16-124

Filed

8/1/06

Chapter

388-96 WAC

Nursing facility medicaid payment system. Amending rules on: Accounts receivable audits; residents' funds that a home must deposit; the definition of "direct care supplies"; the direct care rate for unbanked beds; minimum occupancy when setting rates; and other purposes. Patricia Hague

ASDA

Office of Rates Management

WSR

06-24-112

Filed

12/6/06

Chapter

388-96 WAC

Nursing facility medicaid payment system. Amending rules to clarify the treatment of quality maintenance fee costs in rebases of the medicaid nursing home payment rate that are based on cost reports from 2005 forward. Patricia Hague

ADSA

Office of Rates Management

WSR

07-05-024

Filed

2/13/07

ADSA - Residential Care Services (RCS)
Chapter

388-76 WAC

Adult family homes. Updating the rules to comply with statutes, simplifying language, clarifying issues, and reorganizing the chapter. Roger Woodside

ADSA-RCS

WSR

06-09-084

Filed

4/18/06

WSR

07-14-082

Hearings:

Olympia

9/4/07

Spokane

9/6/07

Chapter

388-76 WAC

Adult family homes minimum licensing requirements. Clarifying due process rights of persons investigated for alleged abuse, neglect, exploitation and financial exploitation of an adult family home resident and amending other related sections. Roger Woodside

ADSA-RCS

WSR

07-15-026

Filed

7/12/07

Chapter

388-78A WAC

Boarding home licensing rules. Clarifying due process rights of persons investigated for alleged abuse, neglect, exploitation and financial exploitation of a boarding home resident and amending other related sections. Todd Henry

ADSA-RCS

WSR

07-15-025

WAC

388-97-077

Nursing home resident protection program and other related sections. Simplifying and clarifying existing due process for rights of individuals accused of abusing, neglecting, exploiting or financially exploiting vulnerable adults in nursing homes. Lisa Yanagida

ADSA-RCS

WSR

07-15-024

Filed

7/12/07

Chapter

388-101 WAC

Certified community residential services and supports. Revising rules regarding the community protection program, assessments, restrictive procedures, inspections, enforcement remedies, appeals, agency finances, and client's rights; addressing abuse and neglect reporting, and sections that involve the individual financial plans; and to meet federal requirements. John Gaskell

ADSA-RCS

WSR

05-07-132

Filed

3/22/05

Children's Administration
WAC chapter not determined yet Domestic violence prevention. Proposing new rules establishing standards for programs receiving domestic violence prevention funds. Maureen Kelly

Children's Administration

WSR

06-06-073

Filed

2/28/06

WAC

388-15-009

388-15-049

What is child abuse or neglect?

When must the department notify the alleged perpetrator of allegations of child abuse or neglect?

Amending the definition of child abuse to be consistent with a 2006 change in state law.

Amending the definition of notice to an alleged perpetrator of child abuse or neglect, to be consistent with a 2006 change in state law.

Tina Stern

Children's Administration

WSR

07-10-057

Filed

4/27/07

WSR

06-21-080

Filed

10/17/06

WSR

06-21-081

Filed

10/17/06

WSR

07-08-095

Hearing

5/8/07

WSR

07-14-111

Effective

7/23/07

WAC

388-25-1000

388-25-1010

388-25-1020

388-25-1030

388-25-1040

388-25-1050

Child welfare services -- Foster care. Amending eligibility criteria for the state supplementary payment program through the children's administration. Cindy Beckman

Children's Administration

WSR

07-05-026

Filed

2/13/07

Chapter

388-39A WAC

Child welfare services -- Complaint resolution. Same. Children's Administration Planned for future action
Economic Services Administration (ESA)
ESA - Community Services Division (CSD)

No current rule-making activity

ESA - (Former) Division of Child Care and Early Learning (DCCEL)
Note: When chapter 265, Laws of 2006, became effective on July 1, 2006, DCCEL became part of the new department of early learning and is no longer a unit of DSHS. Contact Carla Gira, acting DEL rules coordinator, at (360) 725-4682 regarding child care licensing rules that are now managed by the department of early learning.


The department of early learning will recodify certain working connections child care rules in chapter 388-290 WAC in the future (see WAC 388-290-0273, below). Please contact the department of early learning with questions about these rules.

ESA Division of Child Support (DCS)
Chapter 388-14A WAC Division of child support rules. Adopting new and amended sections to implement state legislation which implements the federal Deficit Reduction Act of 2005. Nancy Koptur

ESA-DCS

WSR 07-16-023

Filed 7/20/07

WSR

07-10-116

Filed 5/2/07

WAC 388-14A-3900 to 388-14A-3925 Division of child support rules. Revising rules on modification of support orders. Nancy Koptur

ESA-DCS

WSR

03-22-054

Filed 10/31/03

ESA - Division of Employment and Assistance Programs (DEAP)
WAC

388-290-0273

Working connections child care. Amending the rule to allow WCCC payment if the child care provider has documentation of attendance records.

(Note: This rule will be recodified into a new chapter by the department of early learning in 2007.)

Sally Reigel

Deptartment of Early Learning

WSR

06-08-033

WAC

388-310-0300

388-310-1450

WorkFirst. Changing the one-time exemption for a parent with a child under twelve months. Ian Horlor

ESA-DEAP

WSR

07-16-021

Filed

7/20/07

WSR

07-11-116

Filed

5/18/07

WAC 388-310-2100

388-418-0005

WorkFirst career services program. WorkFirst career services program. Jenny Egan Grayum

ESA-DEAP

WSR

07-14-080

Filed

6/29/07

WSR

07-05-059

Filed

2/20/07

WAC

388-406-0025

Can I apply for cash, medical, or Basic Food? Allowing applications for youth prior to release from confinement. John Camp

ESA-DEAP

WSR

07-14-098

Filed

6/30/07

WAC

388-406-0035

How long does the department have to process my application? Clarifying the section and update the WACs that should be referenced in regards to applications that are delayed. Jenny Egan Grayum

ESA-DEAP

WSR

07-12-030

Filed

5/30/07

WAC

388-406-0040

Applications. Clarifying delayed processing and actions on applications for food assistance that are thirty days old to be consistent with federal rules. Rebecca Henrie

ESA-DEAP

WSR

06-14-037

Filed

6/28/06

WSR

07-05-053

Hearing

3/27/07

WSR

07-13-019

Effective

7/12/07

Chapter

388-412 WAC

Benefit issuances. Providing rules on how the department: Delivers benefits, replaces benefits that were issued, and expunges benefits that have been unused in a electronic benefits transfer (EBT) account. John Camp

ESA-DEAP

WSR

07-06-052

Filed

3/2/07

WAC

399-418-0011

Mid-certification reviews. Updating the rule to comply with federal law and rules regarding what is considered a complete mid-certification review. John Camp

ESA-DEAP

WSR

06-17-130

Filed

8/21/06

WSR

06-21-056

Hearing

11/21/06

WSR

07-01-023

Effective

10/1/07

See also

WSR

06-24-025

WAC

388-428-0010 and

388-454-0025

Notifying parents of whereabouts of their children. Revising rules governing notifying parents of the whereabouts of their children to comply with state law, and recognize the rights of parents and protect the safety of children. Tom Berry

ESA-DEAP

WSR

06-20-073

Filed

9/29/06

WAC

388-440-0005

Exception to rule -- Notification requirement. Simplifying the process for the department to respond to individual requests for an exception to policy. Ian Horlor

ESA-DEAP

WSR

07-10-019

Filed

4/20/07

WSR

07-14-017

Hearing

8/7/07

WAC

388-444-0005

WorkFirst. Amending WorkFirst rules to comply with the federal Deficit Reduction Act of 2005. Ian Horlor

ESA-DEAP

WSR

06-21-055

Filed

10/13/06

WSR

07-11-134

Hearing

6/26/07

WSR

07-14-125

Effective

8/3/07

WAC

388-444-0025

Payments for food stamp employment and training related expenses. Amending the rule to allow participants in food stamp employment and training programs to be eligible for dependent care payments for dependent children age zero to six years of age. John Camp

ESA-DEAP

WSR

07-08-096

Filed

4/3/07

WSR

07-12-059

Filed

6/4/07

WAC

388-450-0015

388-450-0035

388-470-0045

388-470-0055 and related sections

Income and resources counted for food assistance. Amending rules consistent with federal law regarding exclusion for certain types of educational income, interest or dividend income, and retirement savings. John Camp

ESA-DEAP

WSR

06-07-147

Filed

3/21/06

WAC

388-450-0162

Using countable income to determine eligibility and amount of cash and food assistance benefits. Including references to WAC 388-478-0040 and 388-478-0045. Logan McGregor

ESA-DEAP

WSR

07-14-099

Filed

6/30/07

WAC

388-450-0185

388-450-0190

388-450-0195

388-478-0060

388-492-0040

388-492-0070

WASHCAP and Basic Food. Implementing annual adjustments to standards for WASHCAP and the Washington Basic Food program. Changes include updates to the following standards for federal fiscal year 2008: Income standard, maximum allotment, maximum shelter deduction standard, standard deduction, standard utility allowances, WASHCAP shelter cost standard, and WASHCAP opt-out standard. John Camp

ESA-DEAP

WSR

07-11-117

Filed

5/18/07

WAC

388-450-0215

How does the department estimate my assistance unit's income to determine my eligibility and benefits? Giving provisions for budgeting income that is received less frequently than monthly on an averaging basis even in the month of application. Bill Callahan

ESA-DEAP

WSR

07-06-051

Filed

3/2/07

WSR

07-11-091

Hearing

6/26/07

WAC

388-454-0006

Background checks for persons acting in place of a parent without court-ordered custody. Amending the rule to be consistent with working connections child care rules regarding background checks for adult child-caregivers applying for assistance for unrelated children in their care. Tom Berry

ESA-DEAP

WSR

06-09-037

Filed

4/13/06

WAC

388-478-0055

How much do I get from my state supplemental payments (SSP)? Increasing the state supplemental payment by $1.77 per month beginning July 1, 2007, for SSI clients who reside in nursing facilities, residential habilitation centers, or state hospitals and who receive a personal needs allowance. Logan MacGregor

ESA-DEAP

WSR

07-14-073

Filed

6/29/07

WSR

07-12-060

Filed

6/4/07

WAC

388-492-0070

How are my WASHCAP food benefits calculated? Amending the utility standard included in the WASHCAP standards, and adjusting the threshold by which an individual receives either the high or the low WASHCAP shelter standard. Rebecca Henrie

ESA-DEAP

WSR

07-10-114

Filed

5/2/07

Health and Recovery Services Administration (HRSA)
HRSA - Division of Alcohol and Substance Abuse (DASA)
Chapter 388-800 WAC Chemical dependency assistance programs. Clarifying rules; updating references to patient eligibility standards; clarifying the process for secondary ADATSA clients. Virginia Ochoa

HRSA-DASA

WSR

05-02-065

Filed

1/4/05

Chapter 388-805 WAC Certification requirements for chemical dependency service providers. Clarifying rules; updating definition and requirements for chemical dependency service providers. Deb Cummins

HRSA-DASA

Planned for future action

(October 2007)

HRSA-Mental Health (MH)
WAC 388-865-0100 through 388-865-0484 Community mental health and involuntary treatment programs. Revising rules consistent with the federal balanced budget act, and for quality improvement. Contact Kevin Sullivan, HRSA WSR

03-08-077

Filed

4/1/03

HRSA-Medical Assistance (MA)
Unknown sections in TITLE 388 WAC Health technology clinical committee assessments. Creating a new WAC to support the health technology assessment program established by the 2006 legislature. Kevin Sullivan

HRSA-MA

WSR

07-12-061

Filed

6/4/07

WAC

388-406-0010

How do I apply for benefits? Amending the rule to clarify the signature requirements on applications for medical assistance for children and pregnant women. Mary Beth Ingram

HRSA-MA

WSR

07-08-094

Filed

4/3/07

WAC

388-408-0055

388-416-0015

388-418-0005

388-418-0025

388-450-0210

388-476-0005

388-478-0075

388-505-0210

388-505-0211

388-542-0010

388-542-0020

388-542-0050

388-542-0300

Medical assistance eligibility for children. Authorizing medical assistance coverage for all children living in households with income at or below 250% of the federal poverty level (FPL). Kevin Cornell

HRSA-MA

WSR

07-16-022

Filed

7/20/07

WSR

07-11-098

Filed

5/16/07

WAC

388-478-0070

388-478-0080

Standards for payments. Amending rules to comply with federal medicaid standard changes that became effective January 1, 2007. Mary Beth Ingram

HRSA-MA

WSR

07-15-002

Filed

7/6/07

WSR

07-07-003

Filed

3/8/07

WAC

388-501-0060

388-501-0065

Healthcare coverage. Correcting errors made in developing the scope of covered services chart in new WAC 388-501-0060 and 388-501-0065. Kevin Sullivan

HRSA-MA

WSR

07-12-062

Filed

6/4/07

WAC

388-501-0100

388-505-0540

Subrogation; Assignment or rights and cooperation. Filed and withdrawn in the past period. Wendy Boedigheimer

HRSA-MA

WSR

07-04-020

Filed

1/23/07

WSR

07-13-087

Hearing

7/25/07

WAC

388-501-0180 and related rules

Out-of-state medical care. Updating and clarifying rules on out-of-state medical care and requirements for providers; and out-of-country medical care. Kevin Sullivan

HRSA-MA

WSR

06-24-113

Filed

12/6/06

WAC 388-502-0150 Administration of medical programs. Extending the time limit to submit a claim after medicare has processed the claim. Diane McMasters

HRSA-MA

WSR

04-23-100

Filed

11/17/04

WAC 388-502-0160 Administration of medical programs. Updating and clarifying the scope of the rule. Wendy Boedigheimer

HRSA-MA

WSR

04-16-087

Filed

8/2/04

WAC

388-503-0505

General eligibility requirements for medical programs. Requiring clients who are entitled to medicare benefits and applying for medicaid to enroll in medicare Parts A, B, and D. Carole McRae

HRSA-MA

WSR

06-11-085

Filed

5/16/06

Chapter

388-505 WAC

Family medical. Creating a new WAC to address family-related institutional medical benefits. Carole McRae

HRSA-MA

WSR

07-12-031

Filed

5/30/07

WAC

388-517-0310

388-517-0320

Medicare savings programs. Revising rules to reflect federal requirements on copayments, policies and program eligibility. Carole McRae

HRSA-MA

WSR

05-17-137

Filed

8/19/05

WSR

07-11-135

Hearing

6/26/07

WSR

07-15-032

Effective

8/12/07

Chapter

388-530 WAC

Pharmacy services. Reorganizing, updating, and clarifying pharmacy rules. Wendy Boedigheimer

HRSA-MA

WSR

07-04-017

WSR

07-11-141

07-11-142

07-11-143

07-11-144

Hearing

6/26/07

Chapter

388-532 WAC

Family planning/TAKECHARGE program. Revising rules to bring the program into compliance with state's federal waiver, and to help the state prevent the loss of federal funds. Wendy Boedigheimer

HRSA-MA

WSR

07-14-030

Filed

6/26/07

WSR

06-22-093

Filed

11/1/06

WSR

07-07-102

Hearing

3/19/07

WAC

388-533-0390

Childbirth education. Amending rules to break the information into smaller sections, clarify and update rules, and clarify policy on payment of childbirth education when delivered as a refresher course. Wendy Boedigheimer

HRSA-MA

WSR

07-03-055

Filed

1/12/07

WAC

388-535-1065

Coverage limits for dental-related services provided under the GA-U and ADATSA programs. Striking "for clients through age twenty" that was inadvertently added in WAC 388-535-1065(4). Kathy Sayre

HRSA-MA

WSR

07-09-057

Filed

7/12/07

WSR

07-14-089

Hearing

8/7/07

WAC

388-535-1265

Covered dental-related services -- Adults. Repealing this rule because the replacement rule WAC 388-535-1271, is effective on April 1, 2007. Kathy Sayre

HRSA-MA

WSR

07-08-067

Filed

3/29/07

Expedited Rule-Making WSR

07-08-066

Comments due: 6/4/07

WSR

07-14-031

Effective

7/27/07

WAC

388-543-1100

388-543-1150

388-543-1600

388-543-1700

388-543-2000

388-543-2800

Durable medical equipment. Amending rules to update and clarify covered durable medical equipment and related supplies, prosthetics, orthotics, medical supplies and related services. Wendy Boedigheimer

HRSA-MA

WSR

07-04-018

Filed

1/25/07

WSR

07-11-042

Hearing

6/26/07

WAC

388-544-0475

Noncovered services, eyeglasses, and contact lenses. Removing the language in this section and readopting the rule through the permanent rule-making process. Wendy Boedigheimer

HRSA-MA

WSR

07-11-023

Filed

5/4/07

WSR

07-10-125

Filed

5/2/07

WAC

388-544-1010

388-544-1100

388-544-1200

388-544-1300

388-544-1400

Hearing aid services. Revising rules to move the hearing aid rules into their own chapter 388-547 WAC; creating clear section titles and clarifying text; and including digital hearing aids under covered services to align with industry standards. Wendy Boedigheimer

HRSA-MA

WSR

07-05-011

Filed

2/9/07

Chapter

388-549 WAC

Rural health clinics. Replacing the cost-based reimbursement methodology with the prospective payment system per the federal Benefit Improvement and Protection Act. Wendy Boedigheimer

HRSA-MA

WSR

05-16-083

Filed

8/1/05

WAC

388-550-1000

388-550-2565

388-550-2570

388-550-2575

388-550-2580

388-550-2585

388-550-2590

388-550-2595

388-550-2596

Hospital services long-term acute care. Amending the rule so that special client service contracts that complement a core provider agreement for an out-of-state LTAC hospital take precedence over any conflicting payment program policies set in WAC by the department, and to clarify and update existing language for the LTAC program WAC sections. Kathy Sayre

HRSA-MA

WSR

06-22-054

Filed

10/27/06

WSR

07-08-107

Hearing

5/8/07

WSR

07-11-129

Effective

8/1/07

WAC

388-550-1050

Hospital definitions. Clarifying and updating existing definitions and adding new definitions relating to inpatient and outpatient hospital services. Kathy Sayre

HRSA-MA

WSR

06-22-054

Filed

10/27/06

WSR

07-08-108

Hearing

5/23/07

WSR

07-14-052

Effective

8/1/07

WAC

388-550-1100

388-550-2600

388-550-2650

Hospital services: Psychiatric inpatient hospitals. Updating and clarifying inpatient psychiatric services coverage (including adding applicable definitions), payment policy, and general policy for hospital care. Kathy Sayre

HRSA-MA

WSR

05-17-136

Filed

8/19/05

WSR

07-10-093

Hearing

6/5/07

WSR

07-14-053

Effective

8/1/07

WAC

Part 1 of 3:

388-550-1200

388-550-1300

388-550-1350

388-550-1400

Part 2 of 3:

388-550-1500

388-550-1600

388-550-1700

388-550-1800

388-550-1900

Part 3 of 3:

388-550-2100

388-550-2200

388-550-2301

388-550-2400

388-550-2500

388-550-2800

Hospital services. Amending sections in chapter 388-550 WAC relating to hospital requirements for transplants and bariatric surgery, inpatient chronic pain management and hospice services, and payment methods for medicaid and SCHIP clients. Kathy Sayre

HRSA-MA

WSR

06-22-054

Filed

10/27/06

WSR

07-10-104

07-10-105

07-10-106

Hearing

6/5/07

WSR

07-14-018

Effective

8/1/07

WAC

388-550-2501

388-550-2511

388-550-2521

388-550-2531

388-550-2541

388-550-2561

Hospital services acute physical medicine and rehabilitation services. Updating and clarifying existing language; adding the language for dates of admission before July 1, 2007, a department-approved acute PM&R facility must provide documentation that confirms the facility is contracted under the department's selective contracting program, if in a selective contracting area, unless exempted from the requirement, etc. Kathy Sayre

HRSA-MA

WSR

06-22-054

Filed

10/27/06

WSR

07-08-106

Hearing

5/8/07

WSR

07-12-039

Effective

8/1/07

WAC

388-550-2598

Hospital services: Critical access hospital (CAH) program. Updating and clarifying the department's critical access hospital (CAH) policy and processes for rate-setting, claim payment, etc. Kathy Sayre

HRSA-MA

WSR

06-22-054

Filed

10/27/06

WSR

07-10-094

Hearing

6/5/07

WSR

07-14-054

Effective

8/1/07

WAC

388-550-2900

388-550-3000

388-550-3200

388-550-3300

388-550-3350

388-550-3381

388-550-3400

388-550-3500

Repeal WAC 388-550-2000

Hospital services -- Hospital payment methodologies and limits. Changing "medical assistance administration (MAA)" to "the department" and "facility" to "hospital." In addition, the proposed changes reflect updates for dates of admission before August 1, 2007, and on and after August 1, 2007. Kathy Sayre

HRSA-MA

WSR

06-22-054

Filed

10/27/06

WSR

07-10-107

Hearing

6/5/07

WSR

07-14-055

Effective

8/1/07

WAC

Part 1 of 6:

388-550-3010

388-550-3020

388-550-3100

388-550-3150

388-550-3250

Part 2 of 6:

388-550-3450

388-550-3460

388-550-3470

Part 3 of 6:

388-550-3600

388-550-3800

388-550-3900

388-550-4000

388-550-4100

388-550-4200

388-550-4300

Part 4 of 6:

388-550-3700

Part 5 of 6:

388-550-4400

388-550-4500

388-550-6700

Part 6 of 6:

388-550-4800

Hospital services -- Navigant study. Describing policy regarding the department's hospital services coverage, rate-setting methods, and payment methods, based on recommendations made in the Navigant study and supported by the state legislature. Kathy Sayre

HRSA-MA

WSR

06-22-054

Filed

10/27/06

WSR

07-10-095

07-10-096

07-10-097

07-10-098

07-10-099

07-10-100

Hearing

6/5/07

WSR

07-14-051

Effective

8/1/07

WAC

388-550-4600

388-550-4700

Hospital selective contracting program. Amending rules to reflect that the department is ending the hospital selective contracting program on June 30, 2007. Kathy Sayre

HRSA-MA

WSR

05-17-136

Filed

8/19/05

WSR

07-09-080

Hearing

5/22/07

WSR

07-12-040

Effective

7/1/07

WAC

Part 1 of 3:

388-550-5400

388-550-5410

388-550-5425

388-550-5450

Part 2 of 3

388-550-4670

388-550-4900

Part 3 of 3:

388-550-4925

388-550-4935

388-550-5000

388-550-5125

388-550-5130

388-550-5150

388-550-5200

388-550-5210

388-550-5220

Hospital services: Disproportionate share hospitals (DSH). Add new sections to ensure all DSH programs are identified in rule and ensure that sufficient program detail is provided. Kathy Sayre

HRSA-MA

WSR

06-22-054

Filed

10/27/06

WSR

07-10-101

07-10-102

07-10-103

Hearing

6/5/07

WSR

07-14-090

Effective

8/1/07

WAC

388-550-6000

388-550-6350

388-550-6500

388-550-7000

388-550-7050

388-550-7100

388-550-7200

388-550-7300

388-550-7400

388-550-7500

388-550-7600

Hospital services: Outpatient prospective payment system (OPPS). Updating and clarifying existing language related to OPPS, outpatient sleep apnea/sleep study programs, blood and blood components, and conditions of payment and payment methods for outpatient hospital services. Kathy Sayre

HRSA-MA

WSR

05-13-076

Filed

6/13/05

WSR

07-10-092

Hearing

6/5/07

WSR

07-13-100

Effective

8/1/07

Chapter

388-557 WAC

Chronic care management program. Incorporate into rule the new chronic care management program. Kathy Sayre

HRSA-MA

WSR

07-02-021

Filed

12/21/06

WSR

07-15-089

Hearing

8/21/07

Juvenile Rehabilitation Administration (JRA)
Chapter 388-700 WAC Juvenile rehabilitation administration -- Practices and procedures. Potential revisions due to changes in background check procedures. David Griffith

JRA

Planned for future action
Chapter 388-720 WAC Collection of costs of support, treatment and confinement of juveniles under RCW 13.40.220. Potential changes to clarifying sentencing in relation to "victim in the home" status and to update the reimbursement schedule. Cheryl Sullivan-Colglazier

JRA

Planned for future action
Chapter 388-740 WAC Juvenile parole revocation. Potential revision to update revocation process for certain offenders and update confidentiality requirements. David Griffith

Bob Salisbury

JRA

Planned for future action
WAC

388-740-0070

Confinement. To implement section 1(4) (b), chapter 203, Laws of 2007 of SSB 5243 by defining behavior which may be cause for the secretary to modify parole and return a juvenile sex offender to confinement for up to twenty-four weeks. Also to incorporate guidelines and certain existing JRA parole standards to return certain juvenile sex offenders committed to JRA or basic training camp graduates to confinement for the remainder of his or her sentence. Kecia Rongen

JRA

Planned for future action
Chapter 388-745 WAC Transfer of juvenile offenders to the department of corrections (DOC). Potential revisions due to changes in transfer procedures. David Griffith

JRA

Planned for future action
Chapter 388-750 WAC Impact account -- Criminal justice cost. Review for potential updates. Ken Brown

Trent Phillips

JRA

Planned for future action
Office of Planning, Performance and Accountability (OPPA)
OPPA - Research and Data Analysis
Chapter 388-04 WAC Protection of human research subjects. No current rule-making activity.
Office of Risk Management (ORM)
ORM - Public Disclosure
Chapter 388-01 WAC DSHS organization/Disclosure of public records. Updating procedures for responding to public requests for disclosure of records. Kristal K. Wiitala

Privacy Officer

WSR

02-01-007

Filed

12/7/01

Chapter

388-01 WAC

DSHS organization and disclosure of public records. Amending rules to reflect changes in DSHS organization structure, and to implement chapter 483, Laws of 2005. Kristal K. Wiitala

Privacy Officer

Planned for future action
Public Affairs (PA)
PA - Division of Vocational Rehabilitation (DVR)
Chapters

388-891

388-892 WAC

No current rule-making activity.
PA - Management Services Administration
Chapter 388-02 WAC DSHS hearing rules. Modifying deadlines and time frames in administrative hearings, making changes to the authority of administrative law judges and review judges, and making other changes in order to comply with federal rules. Brian Lindgren

MSA

Board of Appeals

WSR

07-10-112

Filed

5/2/07

Chapter 388-06 WAC Background checks. Amending, consolidating and colocating existing background check rules in other WAC chapters into this chapter. Jackie Beery

MSA

Background Check Central Unit

WSR

07-16-019 and 07-16-020

Filed

7/20/07

WSR

07-11-097

Filed

5/16/07

PA - Office of Deaf and Hard of Hearing Services
Chapter

388-818 WAC

Deaf and hard of hearing services. No current rule-making activity.
PA - Special Commitment Center
Chapter 388-885 WAC Civil commitment cost. Updating reimbursement fee schedules for allowable activities under chapter 71.09 RCW. Mark Davis

Special Commitment Center

WSR

04-10-092

Filed

5/4/04


     Explanation of selected terms used in these tables:

     "CR" stands for code reviser, or code reviser's office. The code reviser's office creates the "CR" forms used by DSHS and all state agencies to notify the public about rule-making actions.

     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 DSHS is in the planning stages to adopt, amend or repeal rules on a particular subject, and notes the laws authorizing the agency's action. The notice also lets the public know how to participate in the development of the rule, and identifies the department's contact person.

     A "proposed rule" is a CR-102 proposed rule-making notice filed under RCW 34.05.320. The notice includes:

     (1) A description of the rules that the DSHS proposes to adopt, amend or repeal, and the reasons supporting the proposal;

     (2) The date and location of a public hearing or hearings to take formal comments about the proposed rule; the deadline for sending written comments about the rule; and how written comments may be sent;

     (3) The laws authorizing the agency action;

     (4) The complete text of the proposed new or amended rules, or a list of rule sections being repealed;

     (5) The text of a small business economic impact statement, if applicable;

     (6) Information on how to obtain a copy of the preliminary cost benefit analysis, if applicable; and

     (7) Agency staff that the public may contact about the proposed rules.

     An "expedited rule" is a CR-105 expedited rule-making notice, filed under RCW 34.05.353. DSHS 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. After a minimum waiting period, DSHS may adopt the rule as permanent, if no one has objected in writing. If someone does object, the department must file a CR-102 notice, hold a public hearing and accept written comments before adopting the permanent rule.

     A "permanent rule" is a CR-103 rule-making order, filed under RCW 34.05.360 and 34.05.380. The CR-103 gives notice that the department is adopting final new, amended or repealed rules, completing the rule-making process. A CR-103 rule-making order includes the complete text of the new or amended rules, or a list of the WAC numbers and caption of rules being repealed, and an explanation of any changes to the rule made after the CR-102 notice. 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. This is a temporary rule used to meet an urgent public health, safety or welfare need, or to meet a deadline set in a law or federal requirement. Emergency rules are effective for one hundred twenty days after the filing date. Emergency rules may be extended in certain circumstances, but they may not become permanent rules unless the agency files a preproposal notice and/or a proposed rule notice as applicable, and complies with other applicable rule-making statutes. NOTE: Emergency rules listed in these tables are only those in effect at the time this agenda was filed for publication in the Washington state register.

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

     State "statutes" are laws adopted by the Washington state 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), except that laws adopting annual state budgets are not codified. Recent state statutes may also be listed by their session law numbers, such as "chapter 140, Laws of 2003," or by a legislative bill number, such as "ESSB 6387." United States government statutes may be noted by their U.S. Code number, Public Law number, Act title, or congressional bill number.

     "WSR" is the Washington state register, the legal publication of state agency rules and other notices, published twice each month by the office of the code reviser. Throughout this agenda, the seven-digit number following each WSR is the code reviser's official filing number assigned at the time DSHS files a rule-making notice with the code reviser. The WSR number, plus the date and time of filing, appears on the first page of each "CR" notice as filed. To view facsimiles of DSHS rule-making notices as filed with the code reviser, visit the DSHS public rule-making web site at http://www1.dshs.wa.gov/msa/rpau/. All DSHS rule-making notices are available to the public.

     "CR" means code reviser when referring to rule-making notice forms, such as the CR-101, CR-102, CR-103 and CR-105. The office of the code reviser creates the standard rule-making forms used by all state agencies.

     This agenda is for information purposes only. Errors in this rule-making agenda do not alter the content or effect of the DSHS rules and rule-making notices filed with the office of the code reviser and published in the Washington state register.

     If you have questions about this rule-making agenda or the DSHS rule-making process, please contact the DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, by phone at (360) 664-6097. If you would like to receive DSHS rule-making notices by e-mail, please visit the DSHS rules and policies assistance unit (RPAU) web site for available electronic lists, at http://www1.dshs.wa.gov/msa/rpau/RPAU-Listserv.htm. If you would like to receive paper-copy notices by postal mail, please contact Jennisha Johnson, RPAU Rules Consultant, at (360) 664-6094, or by e-mail at johnsjl4@dshs.wa.gov.

Stephanie E. Schiller

Rules Coordinator

© Washington State Code Reviser's Office