WSR 08-15-040

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed July 10, 2008, 12:22 p.m. ]

Following is the department of social and health services' semi-annual rule-making agenda for July 1, 2008, through December 31, 2008. 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, 2008 through December 31, 2008



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)
WAC

388-825-100

388-825-101

388-825-102

Who the department notifies of DDD decisions Clarifying who will be notified of decisions made by DDD and specifying that both notices and correspondence will be sent to the appropriate parties. Steve Brink

ADSA-DDD

WSR

08-09-107


Filed

4/21/08

WSR

08-13-077


Hearing

7/22/08

Chapter

388-827 WAC

State supplementary payment (SSP) program Amending the payment levels to reflect the amounts paid under the individual and family services program. Steve Brink

ADSA-DDD

WSR

08-13-070


Filed

6/16/08

Chapter

388-828 WAC

DDD assessment Adding language to chapter 388-828 WAC to clarify the individual support plan process. Debbie Roberts

ADSA-DDD

Planned for future action
WAC

388-828-5080

388-828-1200

388-828-1220

388-828-1240

388-828-1260

388-828-1280

388-828-1300

388-828-5360

388-828-1060

388-828-1480

388-828-1540

388-828-1640

388-828-5020

388-828-5140

388-828-5520

388-828-5940

388-828-8020

388-828-10000 through 388-828-10380

DDD assessment--Residential service levels Incorporating the residential algorithm and the individual and family services assessment algorithm into the DDD assessment. Debbie Roberts

ADSA-DDD

WSR

07-23-020


Filed

11/9/07


388-828-1200 through 388-828-1300

WSR

08-07-018


Filed

3/7/08


388-828-5080

WSR

08-13-071


Filed

6/16/08

WSR

07-14-081


Filed

6/29/07


WSR

07-15-081


Filed

7/18/07

WSR

08-05-097


Hearing

4/22/08

WSR

08-12-037


Effective

7/1/08

WAC

388-828-5360

388-828-9000

388-828-9020

388-828-9040

388-828-9060

388-828-9100

388-828-9120

388-828-9140

388-832-0001 through

388-832-0470

DDD

assessment and individual and family services

Combining three family support programs into one individual and family services program as directed by the legislature. Steve Brink

ADSA-DDD

388-828

WSR

08-08-039


Filed

3/26/08


388-832

WSR

08-14-014


Filed

6/20/08

WSR

07-10-018


Filed

4/20/07


WSR

07-14-081


Filed

6/29/07


WSR

07-15-081


Filed

7/18/07

WSR

08-11-095


Hearing

7/22/08

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

DDD home and community based services waivers Defining who can be respite providers. Steve Brink

ADSA-DDD

Planned for future action
Chapter

388-845 WAC

DDD home and community based services waivers Amending the procedures for administering the HCBS waivers, incorporating changes reflected in the waivers approved by the federal centers for medicare/medicaid services. Steve Brink

ADSA-DDD

WSR

08-05-004


Filed

2/6/08

WSR

08-15-008


Hearing

8/26/08

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 Phasing out the medicare/medicaid integration project (MMIP). Tiffany Sevruk

ADSA-HCS

WSR

08-04-076


Filed

2/4/08

WSR

08-08-114


Hearing

5/6/08

WSR

08-12-023


Effective

7/1/08

WAC

388-106-0080

388-106-0110

388-106-0115

Long-term care services Phasing in the full implementation of a new 17 level CARE assessment payment system. Susan Engels

ADSA-HCS

WSR

08-14-098


Filed

6/30/08

WSR

08-10-063


Filed

5/5/08

WSR

08-14-121


Hearing

8/5/08

WAC

388-106-0130

How does the department determine the number of hours I may receive for

in-home care?

Clarifying that base hours are reduced for informal supports, or other paid services that meet some of an individual's need for personal care services, including adult day health. Susan Engels

ADSA-HCS

WSR

08-12-072


Filed

6/3/08

WAC

388-106-0225

388-515-1505

Financial eligibility requirements for long-term care services under COPES, New Freedom, PACE, MMIP, and WMIP Updating personal needs allowances, removing references to MMIP, clarifying policy. Lori Rolley

ADSA-HCS

WSR

08-14-099


Filed

6/30/08

WSR

08-09-012


Filed

4/4/08

WAC

388-106-0250

388-106-0255

388-106-0260

388-106-0265

Long-term care services Drafting a new section entitled, "roads to community living" to describe the nature of demonstration project services under the money follows the person grant. Elizabeth Prince

ADSA-HCS

WSR

07-22-085


Filed

11/6/07

WSR

08-13-076


Hearing

7/22/08

WAC

388-513-1315

388-513-1320

Institutional status for long-term care services Clarifying institutional status and adding information regarding excess home equity, updating WAC references and clarifying language. Lori Rolley

ADSA-HCS

WSR

08-13-089


Filed

6/17/08

WAC

388-513-1350

388-513-1380

Long-term care services Updating the 2008 federal resource standard and federal maximum maintenance standard that increase on January 1, 2008. Lori Rolley

ADSA-HCS

WSR

08-10-019


Filed

4/25/08

WSR

07-22-063


Filed

11/2/07

WSR

08-05-027


Hearing

3/25/08


Supplemental

WSR

08-09-104


Hearing

5/27/08

WSR

08-13-072


Effective

7/17/08

WAC

388-561-0200

388-561-0201

Annuities Adding new requirements pertaining to the treatment of annuities and clarifying and updating the rules. Lori Rolley

ADSA-HCS

WSR

08-04-077


Filed

2/4/08

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 Southon

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; etc. Patricia Hague

ADSA-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

Chapter

388-96 WAC

Nursing facility medicaid payment system Establishing reporting requirements and a settlement process to ensure that funds are spent on increasing wages in accordance with section 206(9), chapter 329, Laws of 2008. Patricia Hague

ADSA-Office of Rates Management

WSR

08-14-106


Filed

6/30/08

WSR

08-12-071


Filed

6/3/08

WAC

388-97-550

388-97-555

Nursing homes Increasing the nursing home bed license fee to comply with RCW 18.51.050 requiring the department to establish license fees at an amount adequate to reimburse the department in full for all costs of its licensing activities for nursing homes. Patricia Hague

ADSA-Office of Rates Management

WSR

08-03-072


Filed

1/14/08

WAC

388-105-0005

388-105-0045

Medicaid rates for contracted home and community residential care services Implementing adult family home provider rates to implement phase one of the 17 CARE level payment system for community care providers and clarifying bed hold policy. Patricia Hague

ADSA-Office of Rates Management

WSR

08-14-100


Filed

6/30/08

WSR

08-12-070


Filed

6/3/08

ADSA - Residential Care Services (RCS)
WAC

388-76-10000

388-76-10230

388-76-10235

388-76-10330

388-76-10355

388-76-10650

388-76-10725

388-76-10775

388-76-10840

388-76-10845

388-76-10870

388-76-10995

and adding a new section

Adult family home rules Clarifying requirements; making grammatical and technical corrections; and adding a new section regarding sharing background check information and immunities related to that sharing. Roger Woodside

ADSA-RCS

WSR

08-04-109


Filed

2/6/08

Chapter

388-78A WAC

Boarding homes Clarifying building requirements for new construction; enhancing readability of several sections; creating flexibility in construction requirements for providers to meet resident needs. Todd Henry

ADSA-RCS

WSR

07-23-078


Filed

11/19/07

Chapter

388-78A WAC

Boarding homes Adding new sections to implement ESSB [ESHB] 2668. Sections 2 and 3 of this bill address respite care in boarding homes. DSHS is also considering amending sections relating to plans of correction. Todd Henry

ADSA-RCS

WSR

08-10-061


Filed

5/5/08

Chapter

388-97 WAC

Nursing homes Changing outdated references; renumbering; adding language to be consistent with federal requirements and national standards; clarifying laundry system standards; deleting and updating sections on review of nursing home renewal licenses; clarifying new construction preoccupancy process; adding language on electronic monitoring; simplifying and clarifying existing due process for rights of individuals accused of abusing, neglecting, exploiting or financially exploiting vulnerable adults in nursing homes. Judy Johnson

ADSA-RCS

WSR

07-15-024


Filed

7/12/07


WSR

07-21-121


Filed

10/23/07

WSR

08-14-065


Hearing

8/26/08

Chapter

388-110 WAC

Contracted residential care services Addressing when a boarding home voluntarily withdraws from the medicaid program, and clarifying the new notice, transfer, and discharge requirements. Todd Henry

ADSA-RCS

WSR

08-10-062


Filed

5/5/08

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

388-15-005

388-15-077

Child protective services Reflecting changes from SSB 5321 (chapter 220, Laws of 2007) regarding a new two tiered finding system and new timeframes for expungement of records. Collette McCully

Children's Administration

WSR

08-07-095


Filed

3/19/08

WSR

08-14-141


Hearing

8/5/08

Chapter

388-25 WAC

Financial support of foster children Establishing, updating, aiding, explaining and strengthening services provided for protection and care of children needing out-of-home placement. Carrie Kendig

Children's Administration

WSR

08-05-044


Filed

2/13/08

Chapter

388-27 WAC

Guardianship subsidies Creating rules to provide clarity and guidance to persons receiving guardianship subsidy. Lonnie Locke

Children's Administration

WSR

08-05-045


Filed

2/13/08

WAC

388-32-0020

388-32-0025

388-32-0030

Family reconciliation services Reflecting efforts to best serve the needs of families served by children's administration, supporting access to appropriate services for families with adolescents across programs. Tim Kelly

Children's Administration

WSR

08-05-043


Filed

2/13/08

Chapter

388-39A WAC

Child welfare services -- Complaint resolution Child welfare services -- Complaint resolution. Children's Administration Planned for future action
Chapter

388-61A WAC

Shelters for victims of domestic violence Updating and deleting outdated sections, and developing new sections specifically covering nonresidential services provided by emergency shelter contractors. Susan Hannibal

Children's Administration

WSR

08-06-086

Economic Services Administration (ESA)
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

08-07-044


Filed

3/14/08

WSR

07-10-116


Filed

5/2/07

WSR

08-07-045


Hearing

5/27/08

WSR

08-12-029


Effective

7/1/08

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 regarding distribution of child support collections. Nancy Koptur

ESA-DCS

WSR

08-06-089


Filed

3/5/08

Chapter

388-14A WAC

Division of child support rules Considering improvements to the conference board process in order to streamline agency procedures, increase efficiency, and increase the level of customer service. Nancy Koptur

ESA-DCS

WSR

08-08-113


Filed

4/2/08

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 - Community Services Division (CSD)
Chapter not yet determined Basic Food and WASHCAP Amending rules impacting eligibility and benefit level for WASHCAP and Basic Food by adopting mandatory food stamp provisions of the 2007 federal farm bill. John Camp

ESA-CSD

WSR

08-03-095


Filed

1/17/08

WAC

388-310-0800

WorkFirst--Support services Providing support services to recipients of diversion cash assistance who are receiving WorkFirst career services through the employment security department. Ian Horlor

ESA-CSD

WSR

08-09-140


Filed

4/23/08

WSR

08-14-126


Filed

7/1/08

WAC

388-310-1600 388-310-1800

WorkFirst Updating cross references to department of early learning rules. Olga Walker

ESA-CSD

Exempt WSR

08-12-084


Hearing

7/8/08

WAC

388-310-2100

WorkFirst career services Allowing adults who receive diversion cash assistance and are working thirty or more hours per week to enroll in the WorkFirst career services program. Jenny Egan Grayum

ESA-CSD

WSR

08-05-041


Filed

2/13/08

WSR

08-11-089


Hearing

6/24/08

WAC

388-406-0035

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

ESA-CSD

WSR

07-12-030


Filed

5/30/07

WAC

388-406-0065

Can I still get benefits even after my application is denied? Removing a reference to # 1.c.ii. because it is obsolete because of the expansion of categorical eligibility to applicants with income at or below 130% of the federal poverty level. Bill Callahan

ESA-CSD

WSR

08-06-087


Filed

3/5/08

WSR

08-10-065


Hearing

6/10/08

WSR

08-15-011


Effective

8/3/08

WAC

388-412-0015

388-450-0185

388-450-0190

388-450-0195

388-478-0060

388-492-0040 388-492-0070

Washington combined application program (WASHCAP) and Basic Food Adjusting standards in order to determine a client's eligibility for WASHCAP or the Basic Food program. Don Winslow

ESA-CSD

WSR

08-13-055


Filed

6/12/08

WAC

388-412-0040

Can I get my benefits replaced? Correcting a typographical error in subsection (4). Jenny Egan Grayum

ESA-CSD

WSR

08-03-031


Filed

1/8/08

WSR

08-09-043


Filed

4/10/08

WSR

08-14-047


Effective

7/25/08

WAC

388-414-0001

Do I have to meet all eligibility requirements for Basic Food? Conferring eligibility status to households with income up to 200% of the federal poverty rate. John Camp

ESA-CSD

WSR

08-08-109


Filed

4/2/08

WSR

08-12-083


Hearing

7/8/08

WAC

388-418-0007

388-454-0015

TANF and state family assistance programs Extending the definition of "temporary absence" from ninety to one hundred eighty days. Jenny Egan Grayum

ESA-CSD

WSR

08-06-088


Filed

3/6/08

WSR

08-11-087


Hearing

6/24/08

WSR

08-14-105


Effective

8/1/08

WAC

388-418-0020

How does the department determine the date a change affects my benefits? Revising the rules to make them easier to understand and clarifying the effective date when a change causes and [an] increase in benefits. Bill Callahan

ESA-CSD

WSR

08-04-075


Filed

2/4/08

WAC

388-424-0001

388-424-0010

388-424-0020

388-466-0005

388-466-0120

388-466-0130

Refugee cash assistance and refugee medical assistance Allowing Iraqi and Afghan special immigrants to be eligible for refugee cash assistance[,] refugee medical assistance, services and other entitlement benefits as allowed under federal law. Olga Walker

ESA-CSD

WSR

08-09-052


Filed

4/14/08

WSR

08-05-104


Filed

2/19/08


WSR

07-22-084


Filed

11/5/07

WSR

08-11-086


Hearing

6/24/08

WSR

08-14-116


Effective

8/1/08

WAC

388-428-0010

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-CSD

WSR

06-20-073


Filed

9/29/06

WAC

388-436-0045

388-436-0055

388-436-0060

Disaster consolidated emergency assistance program Revising chapter 388-436 WAC to include that CEAP benefits may be extended to individuals and families without children. Ian Horlor

ESA-CSD

WSR

08-13-029


Filed

6/10/08

WSR

08-09-109


Filed

4/21/08

WSR

08-14-122


Hearing

8/5/08

WAC

388-436-0050

Financial need and benefit amount Revising the payment standards and maximum earned income limits for consolidated emergency assistance program (CEAP) to match the 3% increase for TANF/SFA and refugee cash assistance (RCA). Ian Horlor

ESA-CSD

WSR

08-14-101


Filed

6/30/08

WSR

08-10-101


Filed

5/7/08

WSR

08-14-123


Hearing

8/5/08

WAC

388-448-0030 388-448-0040

Providing medical evidence Amending the description of medical evidence requirements needed to determine incapacity to align the rules with the intent of RCW 74.04.005. Melissa Mathson

ESA-CSD

WSR

08-13-048


Filed

6/12/08

WAC

388-448-0180

How do we redetermine your eligibility when we decide you are eligible for general assistance expedited medicaid (GAX)? Extending federal aid medical assistance to general assistance expedited medicaid recipients through the post appeal supplemental security income (SSI). Melissa Mathson

ESA-CSD

WSR

08-09-108


Filed

4/21/08

WSR

08-13-046


Hearing

7/22/08

WAC

388-450-0015

388-470-0045

Counting income when figuring out benefits Applying the federal policy regarding economic stimulus rebate payments. Melissa Mathson

ESA-CSD

WSR

08-10-040


Filed

4/30/08

WSR

08-09-112


Filed

4/21/08

WAC

388-450-0015

388-450-0185

Counting income when figuring benefits Assisting low income families in meeting their child support debts while enhancing their supplies of food. Don Winslow

ESA-CSD

WSR

08-14-119


Filed

7/1/08

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-CSD

WSR

07-14-099


Filed

6/30/07

WAC

388-450-0162

Using countable income to determine eligibility and amount of cash and food assistance benefits Clarifying how the department budgets deductions and earned income incentives for specific programs to ensure application of these incentives and deductions is consistent with state and federal requirements and department programs. John Camp

ESA-CSD

WSR

08-08-110


Filed

4/2/08

WSR

08-11-088


Hearing

6/24/08

WSR

08-15-009


Effective

8/3/08

WAC

388-450-0175

Does the department offer an income deduction as an incentive for GA-U clients to work Clarifying that the income deductions described apply only to the general assistance cash program. Melissa Mathson

ESA-CSD

WSR

08-05-042


Filed

2/13/08

WSR

08-09-137


Hearing

5/27/08

WSR

08-12-031


Effective

7/1/08

WAC

388-450-0200

Will the medical expenses of elderly persons or individuals with disabilities in my assistance unit be used as an income deduction for Basic Food? Removing obsolete references to deductions conferred by the medicare prescription drug card. Rebecca Henrie

ESA-CSD

WSR

08-08-112


Filed

4/2/08

WSR

08-11-085


Hearing

6/24/08

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-CSD

WSR

06-09-037


Filed

4/13/06

Chapter

388-455 WAC

Lump sum payments Correcting a WAC reference, using question and answer format, providing additional clarification of the impact of lump sum payments on a person's eligibility for department programs. John Camp

ESA-CSD

WSR

07-17-032


Filed

8/7/07

WSR

07-22-037


Hearing

12/11/07


Supplemental

WSR

08-08-117


Hearing

5/6/08

WSR

08-11-105


Effective

7/1/08

WAC

388-472-0005

What are my rights and responsibilities? Revising the reporting requirements currently listed under subsection (2)(c). Ian Horlor

ESA-CSD

WSR

08-08-111


Filed

4/2/08

WSR

08-14-124


Hearing

8/5/08

WAC

388-478-0005

Cash assistance need and payment standards and grant maximum Revising the minimum payment limit to reflect the 3% increase for TANF, state family assistance, and refugee cash assistance. Ian Horlor

ESA-CSD

WSR

08-14-103


Filed

6/30/08

WSR

08-14-120


Filed

7/1/08

WAC

388-478-0020

388-478-0035

Payment standards for TANF, SFA, GA-S, GA-H, RCA Revising the payment standards and maximum earned income limits for NF, SFA and RCA to reflect the 3% increased [increase] authorized by ESHB 2687, Section 207 (1)(e). Ian Horlor

ESA-CSD

WSR

08-14-102


Filed

6/30/08

WSR

08-09-040


Filed

4/9/08

WSR

08-13-045


Hearing

7/22/08

WAC

388-478-0055

How much do I get from my state supplemental payments (SSP)? Updating the state supplemental payment (SSP) standard for residents of a medical institution. The current monthly rate is $25.45 and the department is proposing to increase the current rate to $27.28. Olga Walker

ESA-CSD

WSR

08-14-104


Filed

6/30/08

WSR

08-09-106


Filed

4/21/08

WSR

08-13-047


Hearing

7/22/08

WAC

388-492-0090

How often do my combined WASHCAP food benefits need to be reviewed? Extending the certification periods for WASHCAP from twenty-four to thirty-six months. Rebecca Henrie

ESA-CSD

WSR

08-12-069


Filed

6/3/08

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

WSR

07-24-004


Filed

11/26/07

HRSA - Mental Health Division (MHD)
Chapter

388-865 WAC

Community mental health and involuntary treatment programs (clubhouses) Revising rules to establish certification "clubhouses" that meet minimum standards. Clubhouses are community-based programs that provide rehabilitative mental health services. Kevin Sullivan

HRSA-MHD

WSR

07-17-142


Filed

8/21/07

WSR

08-10-066


Hearing

6/10/08

WSR

08-14-080


Effective

7/27/08

Chapter

388-865 WAC

Certifying crisis stabilization units (new) Codifying rules regarding the department's new requirement to certify crisis stabilization units that meet minimum standards. Kevin Sullivan

HRSA-MHD

WSR

07-21-078


Filed

10/16/07

WSR

08-10-067


Hearing

6/10/08

WSR

08-14-079


Effective

7/27/08

Chapter

388-865 WAC

Community mental health Codifying its policy on how it administers community mental health services in the event of a nonparticipating regional support network. Kevin Sullivan

HRSA-MHD

WSR

08-10-017


Filed

4/25/08

WSR

08-01-107


Filed

12/18/07

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

WSR

08-09-154


Hearing

5/27/08

WAC

388-416-0020

Certification periods for noninstitutionalized medically needy program Removing references to hospital expenses to comply with federal regulations. Catherine Fisher

HRSA-MA

WSR

08-06-044


Filed

2/27/08

WAC

388-450-0085

Does the department count all of my self-employment income to determine if I am eligible for benefits? Amending the rules to remove barriers for medical assistance clients with self-employment income. Colleen Clifford

HRSA-MA

WSR

08-10-018


Filed

4/25/08

WSR

08-01-020


Filed

12/7/07

WSR

08-10-068


Hearing

6/10/08

WSR

08-15-010


Effective

8/3/08

WAC

388-475-0300

SSI-related medical -- Resources eligibility Updating this WAC to comply with federal rules which govern how the department considers retroactive lump sum payments from any Title II or Title XVI payment, and to clarify that these resources are now excluded for nine months, not six. Catherine Fisher

HRSA-MA

WSR

08-03-093


1/16/08

WSR

08-09-111


Hearing

4/21/08

WSR

08-14-048


Effective

7/25/08

WAC

388-478-0075

388-505-0210

388-505-0211

388-542-0010

388-542-0300

Children's healthcare program Expanding premium-based children's healthcare for children in households with incomes up to and including 300% of the federal poverty level. Jonell O. Blatt

HRSA-MA

WSR

08-15-006


Filed

7/3/08

WAC

388-500-0005

Medical definitions Updating medical definitions to make them consistent with how the terms are used throughout HRSA rules. Jonell O. Blatt

HRSA-MA

WSR

07-20-052


Filed

9/27/07

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

Subrogation; assignment or rights and cooperation.

Rule originally filed as permanent with WSR 07-23-080 and 08-01-041. The effective date was extended for one year (until December 1, 2008) so the department could revisit the permanent rule-making process.

The department extended the effective date to December 1, 2008, for recently amended rule, WAC 388-501-0100, adopted under WSR 07-23-080 and initially scheduled to take effective [effect] December 20, 2007. (See WSR 08-01-041.) The department will adopt new subrogation rules consistent with 42 U.S.C. 1396a, 1396k, 1396p, RCW 74.09.180, 74.09.185, the decision of Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268, 126 S. Ct. 1752, 164 L. Ed. 2d 459, and will respond to concerns raised by the Washington State Trial Lawyers Association as well as other stakeholders. Wendy Boedigheimer

HRSA-MA

WSR

08-03-073


Filed

1/14/08

WSR

08-11-091


Hearing

6/24/08

WSR

07-23-080 and

08-01-041


Effective

12/1/2008

WAC

388-502-0010

388-531-0100

388-531-0250

388-531-1400

Psychiatric physician-related services; mental health services Improving access to mental health services for children who do not meet regional support network access to care standards. Kevin Sullivan

HRSA-MA

WSR

08-03-091


Filed

1/16/08

WSR

08-08-124


Hearing

5/6/08

WSR

08-12-030


Effective

7/1/08

WAC

388-502-0160

Billing a client Revising the rule to clarify when a provider can and cannot bill a client for medical services. Wendy Boedigheimer

HRSA-MA

WSR

08-01-021


Filed

12/7/07

WAC

388-505-0220

Family medical eligibility Correcting outdated cross references to WAC sections that no longer exist. Jonell Blatt

HRSA-MA

Note: This is an expedited rule (CR-105). WSR

08-13-044


Comment deadline:

8/18/08

WAC

388-505-0230

Family medical Creating a new WAC to address family-related institutional medical benefits. Catherine Fisher

HRSA-MA

WSR

08-10-092


Filed

5/7/08

WSR

07-12-031


Filed

5/30/07

WAC

388-517-0500

Medicare prescription drug copayment help Codifying a new requirement for HRSA to pay medicare Part D copayment cost sharing for full-benefit dual eligible medicaid clients. Carole McRae

HRSA-MA

WSR

07-17-144


Filed

8/21/07

WSR

08-11-084


Hearing

6/24/08

WAC

388-526-2610

Prehearing reviews for clients who request a fair hearing Adding new sections to the chapter that are specific to the HRSA medical care programs in order to expand on and better define administrative hearing rules. Kathy Sayre

HRSA-MA

WSR

08-10-064


Filed

5/5/08

Chapter

388-530 WAC

Outpatient drug program Expanding the smoking cessation benefit, correcting typographical and grammatical errors, reinstating and clarifying rules regarding vitamins and over-the-counter coverage, etc. Jonell O. Blatt

HRSA-MA

WSR

08-14-097


Filed

6/30/08

WSR

08-10-109


Filed

5/7/08

WSR

08-15-007


Hearing

8/26/08

WAC

388-531-2000

Increased payments for physician related services for qualified trauma cases Clarifying, updating, and ensuring consistent policies for the trauma program. Jonell O. Blatt

HRSA-MA

WSR

08-01-083


Filed

12/17/07

WSR

08-05-105


Hearing

3/25/08

WAC

388-533-0300

388-533-0310 through 388-533-0345

388-533-0360 through 388-533-0386

Infant case management and maternity support services Clarifying provider qualifications, client eligibility and services reimbursed for infant case management and maternity support services. Jonell O. Blatt

HRSA-MA

WSR

07-21-106


Filed

10/19/07

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

388-535-1245

Dental-related services -- Access to baby and child dentistry (ABCD) Amending sections relating to access to baby and child dentistry (ABCD) and sections relating to dental-related services for clients through age twenty and clients age twenty-one and older. Kathy Sayre

HRSA-MA

WSR

07-16-110


Filed

7/31/07

WSR

08-12-074


Hearing

7/8/08

Chapter

388-535A WAC

Orthodontic services Clarifying existing policy, better defining the scope of the rule, and reviewing the subchapter for other necessary changes. Kathy Sayre

HSRA-MA

WSR

07-21-021


Filed

10/8/07

WSR

08-12-073


Hearing

7/8/08

Chapter

388-537 WAC

School services Amending the chapter to bring the program into compliance with federal medicaid regulations and policies. Wendy Boedigheimer

HRSA-MA

WSR

07-03-057


Filed

1/12/07

Chapter

388-538 WAC

Managed care delivery system Updating and clarifying criteria regarding the patient review and coordination; the monthly capitated premiums the department pays to managed care organizations etc. Kathy Sayre

HRSA-MA

WSR

08-01-082


Filed

12/17/07

WSR

08-09-029


Hearing

5/27/08

Chapter

388-541 WAC

Children's full premium (CFP) program Creating rules to give families whose income is greater than 300% of the federal poverty level the opportunity to purchase healthcare coverage for their children. Kevin Cornell

HRSA-MA

WSR

08-13-003


Filed

6/5/08

Chapter

388-544 WAC

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

08-11-048


Filed

5/15/08

WSR

07-22-082


Filed

11/5/07


and


WSR

07-10-125


Filed

5/2/07

WSR

08-09-110


Hearing

6/10/08

WSR

08-14-052


Effective

7/25/08

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

388-548 WAC

Federally qualified health centers Implementing the federal payment methodology for federally qualified health centers. The Federal Benefit Improvement and Protection Act of 2000 replaced cost-based reimbursement methodology with medicaid FQHC prospective payment system. Wendy Boedigheimer

HRSA-MA

WSR

08-14-125


Filed

7/1/08

Chapter

388-550 WAC

Hospital services (certified public expenditure) Updating and clarifying the certified public expenditure (CPE) program requirements and processes. Kathy Sayre

HRSA-MA

WSR

08-11-090

WAC

388-550-1050

Hospital services definitions Correcting language erroneously adopted in the definition for "high cost outlier." Kathy Sayre

HRSA-MA

WSR

07-16-107


Filed

7/31/07

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. Lee Mosley,

Trent Phillips

JRA

Planned for future action
WAC

388-740-0010

388-740-0040

388-740-0070

Confinement To implement section 1, subsection (4)(b) of SSB 5243, (chapter 203, Laws of 2007), 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

WSR

07-16-089


Filed

7/30/07

WSR

07-23-092


Hearing

12/7/07


(the department will be filing a supplemental CR-102)

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 Moses,

Trent Phillips

JRA

Planned for future action
Management Services
Chapter

388-02 WAC

DSHS hearing rules Modifying deadlines and timeframes 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

MS - Board of Appeals

WSR

07-10-112


Filed

5/2/07

WSR

08-09-105


Hearing

6/10/08

Chapter

388-03 WAC

Rules and regulations for the certification of DSHS spoken language interpreters and translators 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 applications of their test dates, and reviewing the chapter for other necessary changes. Hungling Fu,

Katherine Vasquez

MS - Language Testing and Certification

WSR

08-12-067


Filed

6/3/08

Chapter

388-06 WAC

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

MS - Background Check Central Unit

WSR

08-07-043 and

08-07-042


Filed

3/14/08

WSR

07-11-097


Filed

5/16/07

Office of Deaf and Hard of Hearing Services
Chapter

388-818 WAC

Deaf and hard of hearing services No current rule-making activity
Office of Planning, Performance and Accountability (OPPA)
Chapter

388-04 WAC

Protection of human research subjects No current rule-making activity
Office of Risk Management (ORM)
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
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

WAC

388-885-005

388-885-010

388-885-015

388-885-020

388-885-025

388-885-030

Civil commitment cost reimbursement Updating the rules to better reflect current practices as they relate to the reimbursement of local agencies for their costs associated with the civil commitment process of sexually violent predators. Mark Davis

Special Commitment Center

WSR

08-01-022


Filed

12/7/07

Vocational Rehabilitation (DVR)
Chapters

388-891

388-892 WAC

No current rule-making activity


Notes and Definitions


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 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 2008," or by a legislative bill number, such as "ESSB 6387." United States government statutes may be noted by their United States 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.


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, at 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 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 Schiller

Rules Coordinator

Washington State Code Reviser's Office