WASHINGTON STATE REGISTER

WSR 10-01-181

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed December 22, 2009, 2:33 p.m. ]

牋牋 Following is the department of social and health services' semi-annual rule-making agenda for January 1 through June 30, 2010. This agenda will be published in the Washington state register under RCW 34.05.314 and distributed to interested parties, and is available on-line at http://www1.dshs.wa.gov/msa/rpau/.

牋牋 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

January 1 through June 30, 2010

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)
WAC Chapter or WAC Number	WAC Chapter or Section Caption	Subject Matter	Program Contact Person	Emergency Rule (CR-103E)	Preproposal Notice (CR-101)	Proposed Rule (CR-102)	Permanent (Final) Rule (CR-103P)
Aging and Disability Services Administration (ADSA)
ADSA - Division of Developmental Disabilities (DDD)
Chapter 388-825 WAC	Division of developmental disabilities service rules.	Repealing the rules relating to the family support program which have been replaced by chapter 388-832 WAC.	Meredith Kelly ADSA-DDD		WSR 09-04-092 Filed 2/4/09	WSR 09-15-020 Hearing 8/25/09
WAC 388-825-068	Division of developmental disabilities services rules.	Amending requirements to respond to state budget appropriations (adult day health).	Meredith Kelly ADSA-DDD	WSR 09-22-038 Filed 10/27/09	WSR 09-07-039 Filed 3/10/09	WSR 09-15-161 Hearing 8/25/09
Chapter 388-826 WAC	Voluntary placement program.	Changing the chapter name to Children's residential services--Voluntary placement; updating the rules to provide more consistent administration, delivery, and monitoring across the state to all recipients of voluntary placement services.	Meredith Kelly ADSA-DDD		WSR 08-19-052 Filed 9/11/08
Chapter 388-828 WAC	DDD assessment.	Adding language to chapter 388-828 WAC to clarify the individual support plan process.	Meredith Kelly ADSA-DDD		WSR 08-16-138 Filed 8/6/08	WSR 09-12-060 Hearing 7/7/09
Chapter 388-828 WAC	DDD assessment.	Adding the children's intensive in-home behavioral support program algorithm.	Meredith Kelly ADSA-DDD	388-828-1620 WSR 09-21-103 Filed 10/21/09	WSR 08-20-087 Filed 9/29/08
WAC 388-831-0010 388-831-0030	Who are individuals with community protection issues?	Including individuals who have a history of violent behavior which demonstrates the likelihood to commit a violent act.	Meredith Kelly ADSA-DDD	WSR 09-18-095 Filed 9/1/09	WSR 09-01-047 Filed 12/10/08
WAC 388-831-0240	Can I be terminated from the community protection program?	Maintaining consistency with changes in WAC 388-845-0060.	Meredith Kelly ADSA-DDD		WSR 09-07-062 Filed 3/12/09
WAC 388-832-0145	Who is eligible to receive respite care?	Revising eligibility, as directed by the legislature, for respite services for individuals participating in the individual and family services program.	Meredith Kelly ADSA-DDD	WSR 09-24-013 Filed 11/23/09	WSR 09-14-016 Filed 6/22/09
WAC 388-832-0160 388-832-0305 388-832-345 388-832-0460	DDD respite care.	Clarifying limits on respite care and identifying qualified providers.	Meredith Kelly ADSA-DDD		WSR 09-15-162 Filed 7/21/09
Chapter 388-835 WAC	ICF/MR program and reimbursement system	Amending language to reflect new rates for intermediate care facilities for the mentally retarded.	Meredith Kelly ADSA-DDD		Planned for future action.
Chapter 388-845 WAC	Division of developmental disabilities home and community based services waivers.	Adding a fifth waiver, known as the children's intensive in-home behavioral supports (CIIBS).	Meredith Kelly ADSA-DDD	WSR 09-18-059 Filed 8/28/09	WSR 08-19-112 Filed 9/17/08
Chapter 388-850 WAC	County plan for developmental disabilities.	Rewriting rules in "plain talk" format and clarifying language.	Meredith Kelly ADSA-DDD		Planned for future action.
WAC 388-850-045	County plan for developmental disabilities.	Amending the requirements to comply with state budget appropriations.	Meredith Kelly ADSA-DDD	WSR 09-22-028 Filed 10/27/09	WSR 09-01-132 Filed 12/22/08
ADSA - Home and Community Services (HCS)
WAC 388-71-0515 388-71-0540 388-106-1303	Home and community services and programs and long-term care services.	Paying a home care agency licensed under chapter 70.127 RCW for medicaid funded in-home personal care or respite services if the care is provided to a client by a family member.	Tiffany Sevruk ADSA-HCS	WSR 10-01-167 Filed 12/22/09	WSR 09-18-090 Filed 9/1/09
WAC 388-71-05665 through 388-71-05890	Home and community services, long-term care services, and developmental disabilities services.	Implementing Initiative 1029 and federal background checks and training and certification requirements.	Barbara Hanneman ADSA-HCS		WSR 09-04-087 Filed 2/3/09	WSR 09-21-095 Hearing 11/24/09	WSR 09-24-092 Effective 1/1/10
WAC 388-71-0724	Payment rates at adult day health centers.	Implementing a preliminary injunction order issued by the United States district court.	Tiffany Sevruk ADSA-HCS
Chapters 388-71 388-106 WAC	Adult day health.	Changing rules based on state budget and federal requirements regarding adult day health.	Tiffany Sevruk ADSA-HCS	(388-71-0724) WSR 09-20-037 Filed 9/30/09	WSR 09-12-042 Filed 5/27/09
Chapter 388-106 WAC	Long-term care services.	Updating how the individual budget amount is calculated after the New Freedom participant is assigned a classification as a result of an assessment performed in CARE.	Tiffany Sevruk ADSA-HCS		WSR 09-13-092 Filed 6/16/09
WAC 388-106-0125	Long-term care services.	Reducing the number of in-home care hours authorized in the 17 level CARE assessment as directed by the legislature.	Tiffany Sevruk ADSA-HCS	WSR 09-21-074 Filed 10/16/09	WSR 09-14-042 Filed 6/24/09
WAC 388-106-1200 through 388-106-1230	Respite care services.	Adding language regarding the new tailored caregiver assessment and referral (TCARE) process.	Tiffany Sevruk ADSA-HCS		WSR 09-16-080 Filed 7/31/09
WAC 388-106-1000 through 388-106-1055	Private duty nursing.	Changing the frequency of the comprehensive assessment reporting evaluation (CARE) assessment and skilled nursing task log.	Tiffany Sevruk ADSA-HCS		WSR 09-24-028 Filed 11/23/09
Chapters 388-513 388-515 WAC	Client not in own home--Institutional medical and alternative living--Institutional medical.	Clarifying eligibility, allocation/deeming, and making other language clarifications.	Lori Rolley ADSA-HCS		WSR 09-22-045 Filed 10/28/09
WAC 388-513-1315	Eligibility for long-term care.	Removing reference to the alien emergency medical program and adding reference to new WAC section regarding noncitizens.	Lori Rolley ADSA-HCS		WSR 09-15-184 Filed 7/22/09	WSR 09-21-073 Hearing 11/24/09
Chapter 388-561 WAC	Trusts, annuities, and life estates - effect on medical programs.	Adding Deficit Reduction Act language and language regarding promissory notes.	Lori Rolley ADSA-HCS		WSR 09-24-029 Filed 11/23/09
ADSA - Office of Rates Management
Chapter 388-96 WAC	Nursing facility medicaid payment system.	Incorporate statutory changes and clarify regulations.	Patricia Hague ADSA-Office of rates management		WSR 09-17-003 Filed 8/6/09
ADSA - Residental Care Services (RCS)
Chapter 388-76 WAC	Adult family home minimum licensing requirements.	The department is considering making editorial and clarifying changes and to make the rules consistent with current laws and standards.	Maureen Lally ADSA-RCS		WSR 09-15-156 Filed 7/21/09	WSR 09-20-060 Hearing 12/8/09
Chapter 388-76 WAC	Adult family home rules.	The department is considering making clarifying changes and consolidating terms to simplify the rules.	Maureen Lally ADSA-RCS		WSR 09-16-101 Filed 8/4/09	WSR 09-21-070 Hearing 12/8/09
Chapter 388-78A WAC	Boarding home rules.	The department is considering making editorial and clarifying changes and making these rules consistent with current law and standards.	Judy Johnson ADSA-RCS		WSR 09-14-069 Filed 6/29/09	WSR 09-20-061 Hearing 12/8/09
Chapter 388-97 WAC	Nursing home rules.	The department is considering making editorial and clarifying changes and making the rules consistent with current laws and standards.	Lisa Yanagida ADSA-RCS		WSR 09-14-070 Filed 6/29/09	WSR 09-20-062 Hearing 12/8/09
Chapter 388-101 WAC	Certified community residential services and supports.	The department is making editorial and clarifying changes and making the rules consistent with current law and standards.	John Gaskell ADSA-RCS		WSR 09-14-068 Filed 6/29/09	WSR 09-21-094 Hearing 12/8/09
Children's Administration (CA)
WAC chapter not determined yet	Domestic violence prevention.	Proposing new rules establishing standards for programs receiving domestic violence prevention funds.	Maureen Kelly CA		WSR 06-06-073 Filed 2/28/06
WAC 388-15-013	Who may receive child protective services?	Matching requirements as to in loco parentis in RCW 74.13.031 and CA policy.	Tina Stern CA		WSR 09-10-076 Filed 5/5/09
Chapter 388-27 WAC	Guardianship subsidies.	Creating rules to provide clarity and guidance to persons receiving guardianship subsidy.	Lonnie Locke CA		WSR 08-05-045 Filed 2/13/08
WAC 388-27-0275	When does the department review an adoptions support agreement?	Bringing the rule into compliance with RCW 74.13.031.	Lonnie Locke CA		WSR 09-16-105 Filed 8/4/09
WAC 388-32-0020 388-32-0025 388-32-0030	Family reconciliation services.	Reflecting efforts to best serve the needs of families served by CA, supporting access to appropriate services for families with adolescents across programs.	Tim Kelly CA		WSR 08-05-043 Filed 2/13/08
Chapter 388-39A WAC	Child welfare services--Complaint resolution.	Child welfare services--Complaint resolution.	CA		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 CA		WSR 08-06-086
WAC 388-165-140	Child care for child protective services and child welfare services.	Bringing the rule into compliance with CA's revised and updated child care subsidy program to minimize impact on direct services and implement fiscal policy and practice efficiencies.	Michael Luque CA		WSR 09-16-104 Filed 8/4/09
Economic Services Administration (ESA)
ESA - Community Services Division (CSD)
WAC 388-310-1600	WorkFirst--Sanctions.	Tightening program requirements and prioritizing services for WorkFirst clients.	Stephanie Nielsen ESA-CSD		WSR 10-01-159 Filed 12/22/09
WAC 388-310-2100	Career services program.	Tightening program requirements and prioritizing services for WorkFirst clients.	Olga Walker ESA-CSD		WSR 10-01-160 Filed 12/22/09
WAC 388-406-0055	When do my benefits start?	Clarifying rules about missing verification after filing an application.	Don Winslow ESA-CSD		WSR 09-20-079 Filed 10/6/09
WAC 388-408-0020	When am I not allowed to be in a TANF or SFA assistance unit?	Clarifying that adoptive children are always to be included in TANF and SFA units.	Tom Berry ESA-CSD		WSR 09-16-102 Filed 8/4/09	WSR 09-23-077 Hearing 12/22/09
WAC 388-418-0005	How will I know what changes I must report?	Clarifying that overpayments cannot be collected from nonneedy caregivers who receive no financial benefit from the grant.	Tom Berry ESA-CSD		WSR 09-20-080 Filed 10/6/09
WAC 388-418-0005 388-418-0007 388-418-0011 388-416-0005	Simplified reporting.	Amending sections to expand simplified reporting to households as allowed under the 2008 farm bill.	Don Winslow ESA-CSD		WSR 08-15-133 Filed 7/22/08
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 388-422-0005	What happens to my child, spousal, and medical support when I get public assistance?	Clarifying the intent of the policy and support the assignment policy under RCW 74.20.330.	Tom Berry ESA-CSD		WSR 09-16-103 Filed 8/4/09	WSR 09-21-069 Hearing 11/24/09
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	WSR 08-19-044 Hearing 10/21/08
WAC 388-448-0080 388-448-0090 388-448-0100 388-448-0110	General assistance incapacity criteria.	Aligning the general assistance incapacity criteria with the Social Security Administration disability criteria.	Melissa Mathson ESA-CSD		WSR 09-19-125 Filed 9/22/09
WAC 388-450-0005 388-450-0100 388-450-0106 388-450-0140 388-450-0155 388-450-0156 388-450-0157 388-450-0160 388-470-0060	Sponsor deeming.	Clarifying how sponsor's income and resources are deemed available to the sponsored immigrants.	Tom Berry ESA-CSD		WSR 08-17-114 Filed 8/20/08
WAC 388-450-0040	Native American benefits and payments.	Correctly reflecting how the various Native American payments are to be treated when the department determines eligibility for DSHS programs.	Don Winslow ESA-CSD		WSR 08-15-130 Filed 7/22/08
WAC 388-452-0005	Do I have to be interviewed in order to get benefits?	Amending rules for Basic Food consistent with approved waivers to interview requirements under 7 C.F.R. � 273.2(e) related to required interviews for the supplemental nutrition assistance program (SNAP).	John Camp ESA-CSD		WSR 08-22-085 Filed 11/4/08	WSR 09-22-067 Hearing 12/8/09	WSR 10/01/165 Effective 1/22/10
WAC 388-454-0015	Temporary absence from the home.	Clarifying the policy regarding situations that do not meet the criteria of a temporary absence as described in subsection (4) of the WAC.	Tom Berry ESA-CSD		WSR 09-02-058 Filed 1/5/09	WSR 09-18-094 Hearing 10/6/09
WAC 388-478-0015	Need standards for cash assistance.	Revising the basic need standards for cash assistance.	Aurea Figueroa-Rogers ESA-CSD		WSR 09-14-017 Filed 6/22/09	WSR 09-24-014 Hearing 1/5/10
WAC 388-478-0030	Payment standards for GA-U and ADATSA.	Applying a ratable reduction on the general assistance cash grant payment standard.	Melissa Mathson ESA-CSD		WSR 09-19-124 Filed 9/22/09	CR-102 to be filed no later than 3/3/10.
Chapter 388-484 WAC	TANF/SFA assistance program rules.	Tightening program requirements and prioritizing services for clients.	Stacey Bushaw ESA-CSD		WSR 10-01-161 Filed 12/22/09
ESA Division of Child Support (DCS)
Chapter 388-14A WAC	Division of child support rules.	Changing the Washington state support schedule.	Nancy Koptur ESA-DCS	WSR 09-20-030 Filed 9/29/09	WSR 09-10-046 Filed 5/1/09
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
Chapter 388-14A WAC	Division of child support rules.	Implementing statutory changes contained in SSB 5166 (chapter 408, Laws of 2009) regarding the division of child support license suspension program.	Nancy Koptur ESA-DCS	WSR 09-23-110 Filed 11/18/09	WSR 09-14-073 Filed 6/29/09	WSR 09-23-068 Hearing 1/5/10
Chapter 388-14A WAC	Division of child support rules.	Implementing statutory changes contained in E2SSB 5688 (chapter 521, Laws of 2009) regarding the rights and responsibilities of registered domestic partners.	Nancy Koptur ESA-DCS		WSR 09-14-074 Filed 6/29/09
Chapter 388-14A WAC	Division of child support rules.	Implementing statutory changes contained in SHB 1845 (chapter 476, Laws of 2009) regarding medical support obligations in child support orders.	Nancy Koptur ESA-DCS		WSR 09-14-075 Filed 6/29/09
Health and Recovery Services Administration (HRSA)
HRSA - Chemical Dependency (Division of Behavioral Health and Recovery - formerly Division of Alcohol and Substance Abuse)
Chapters 388-800 388-805 388-810 WAC		(No current rule-making activity.)
HRSA - Mental Health
WAC 388-865-0255	Consumer grievance process.	Updating and clarifying policy and making the rules easier to read.	Kevin Sullivan HRSA-MH		WSR 09-05-061 Filed 2/12/09
WAC 388-865-0350 388-865-0420 388-865-0425	Mental health screening and intake evaluation.	Clarifying policy and making the rules easier to read.	Kevin Sullivan HRSA-MH		WSR 09-05-060 Filed 2/12/09
HRSA - Medical Assistance (MA)
WAC 388-438-0110	Alien emergency medical program.	Restricting alien medical services to a federal emergency services component and limiting state-only coverage to end-stage renal dialysis, cancer treatment, and nursing facility care.	Kevin Sullivan HRSA-MA	WSR 09-22-055 Filed 10/30/09	WSR 09-18-057 Filed 8/28/09
WAC 388-475-1000 388-475-1150 388-475-1200 388-475-1250	Healthcare for workers with disabilities (HWD).	Complying with federal requirements regarding HWD.	Kevin Sullivan HRSA-MA		WSR 09-12-089 Filed 6/1/09
WAC 388-500-0005	Medical definitions.	Updating medical definitions to make them consistent with how terms are used throughout department medical program rules.	Kevin Sullivan HRSA-MA		WSR 09-22-038 Filed 11/2/09
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 388-501-0165	Medical and dental coverage.	Clarifying what is meant by "fifteen days" and "business days."	Wendy Boedigheimer HRSA-MA		WSR 09-05-059 Filed 2/12/09
WAC 388-502-0010 388-502-0030	Payment for providers.	Updating and clarifying rules regarding providers of services.	Wendy Boedigheimer HRSA-MA		WSR 09-05-056 Filed 2/12/09
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 388-505-0110	Medical assistance coverage for adults not covered under family medical programs.	Complying with legislative changes regarding general assistance-unemployable.	Kevin Sullivan HRSA-MA		WSR 09-18-092 Filed 9/1/09
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 388-527 WAC	Estate recovery.	Amending language to comply with changes to the Social Security Act and the Deficit Reduction Act.	Wendy Boedigheimer HRSA-MA		WSR 09-22-046 Filed 10/28/09
WAC 388-530-4100 388-530-4150	Washington preferred drug list (PDL) and therapeutic interchange program (TIP).	Purchasing healthcare programs to maximum appropriate prescription drug use in a cost-effective manner.	Wendy Boedigheimer HRSA-MA	WSR 09-20-044 Filed 9/30/09	WSR 09-18-058 Filed 8/28/09	WSR 09-23-074 Hearing 12/22/09
WAC 388-531-2000 388-546-3000 388-550-5450	Trauma payments.	Giving greater flexibility in making supplemental trauma payments to providers in order to leverage federal matching funds under the American Recovery and Reinvestment Act and maximize trauma care system reimbursement.	Kevin Sullivan HRSA-MA		WSR 09-24-027 Filed 11/23/09
WAC 388-533-0315 388-533-0320 388-533-0345	Maternity support services.	Amending and possibly repealing sections due to shortfall in anticipated budget revenues.	Kathy Sayre HRSA-MA	WSR 09-22-033 Filed 10/27/09	WSR 09-04-069 Filed 2/2/09
WAC 388-533-0365 388-533-0370 388-533-0386	Infant case management.	Amending sections to meet targeted budget expenditure levels.	Kathy Sayre HRSA-MA	WSR 09-22-034 Filed 10/27/09	WSR 09-04-069 Filed 2/2/09
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 388-534-0100	Early and periodic screening, diagnosis, and treatment (EPSDT).	Updating and clarifying EPSDT policy for all healthcare services, including medical, dental, and behavioral health services.	Kevin Sullivan HRSA-MA		WSR 09-22-070 Filed 11/2/09
WAC 388-535-1084 388-535-1090 388-535-1100 388-535-1261 388-535-1266 388-535-1267 388-535-1269 388-535-1271	Dental-related services.	Amending sections due to shortfall in anticipated budget revenues.	Kathy Sayre HRSA-MA	WSR 09-22-037 Filed 10/27/09	WSR 09-04-070 Filed 2/2/09
Chapter 388-540 WAC	Free standing kidney centers.	Updating and clarifying policy.	Kathy Sayre HRSA-MA		WSR 10-01-166 Filed 12/22/09
Chapter 388-543 WAC	Durable medical equipment.	Amending this chapter to improve clarity and update policy regarding durable medical equipment, and related supplies, prosthetics, orthotics, medical supplies and related services.	Wendy Boedigheimer HRSA-MA		WSR 09-12-043 Filed 5/27/09
WAC 388-543-2900	Medical supplies and nondurable medical equipment (MSE) - reimbursement methodology.	Describing the payment methodology the department will use to meet the legislature's intent.	Wendy Boedigheimer HRSA-MA	WSR 09-22-031 Filed 10/27/09	WSR 09-14-041 Filed 6/24/09	WSR 09-20-063 Hearing 11/10/09	WSR 09-24-094 Effective 1/1/10
WAC 388-546-0001 through 388-546-4000	Emergency transportation services.	Informing providers regarding Ambulance Program policies not currently addressed or sufficiently explained in chapter 388-546 WAC and billing instructions.	Wendy Boedigheimer HRSA-MA		WSR 09-10-015 Filed 4/24/09
WAC 388-546-5000 through 388-546-5400	Nonemergency transportation services.	Updating, rearranging, and clarifying rules related to nonemergency transportation for clients to and from medically necessary covered medical services.	Kevin Sullivan HRSA-MA		WSR 09-04-073 Filed 2/2/09
WAC 388-546-5500	Modifications of privately owned vehicles.	Due to shortfalls in anticipated budget revenues, the department is amending this section by moving modifications of privately owned vehicles to noncovered.	Wendy Boedigheimer HRSA-MA	WSR 09-22-036 Filed 10/27/09	WSR 09-09-100 Filed 4/20/09	WSR 10-01-164 Hearing 1/26/10
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 09-22-029 Filed 10/27/09	WSR 08-14-125 Filed 7/1/08	WSR 10-01-162 Hearing 1/26/10
WAC 388-549-1100 388-549-1400 388-549-1500	Rural health clinics.	Describing the reimbursement methodology the department will use for rural health clinics as authorized by federal law and the state plan.	Wendy Boedigheimer HRSA-MA	WSR 09-22-030 Filed 10/27/09	WSR 09-15-164 Filed 7/21/09	WSR 10-01-163 Hearing 1/26/10
Chapter 388-550 WAC	Hospital services--Disproportionate share hospitals	Update and clarify sections in chapter 388-550 WAC that pertain to the disproportionate share hospital program.	Kathy Sayre HRSA-MA		WSR 08-22-023 Filed 10/28/08
WAC 388-550-4670 388-550-4900 388-550-5150 388-550-5200 388-550-5210 388-550-5220	Hospital related rules.	Amending hospital-related and provider-related rules due to shortfall in anticipated budget revenues.	Kathy Sayre HRSA-MA	WSR 09-22-032 Filed 10/27/09	WSR 09-04-072 Filed 2/2/09
WAC 388-550-7200 388-550-7300	Hospital services.	Adding language regarding hospital requirements to bill according to the national correct coding initiative (NCCI) standards.	Kathy Sayre HRSA-MA		WSR 09-24-030
Chapter 388-551 WAC	Home health services.	Delivery of home health care services through telemedicine.	Wendy Boedigheimer HRSA-MA		WSR 09-18-091 Filed 9/1/09
Chapter 388-552 WAC	Oxygen and respiratory therapy services.	Improving clarity, updating policy regarding oxygen and respiratory therapy, and reorganizing the section to be consistent with other chapters.	Wendy Boedigheimer HRSA-MA		WSR 09-13-099
WAC 388-554-100 388-554-200 388-554-300 388-554-400 388-554-500 388-554-600 388-554-700 388-554-800 388-554-900	Enteral nutrition program.	Amending rules due to shortfalls in anticipated budget revenues.	Wendy Boedigheimer HRSA-MA	WSR 09-22-035 Filed 10/27/09	WSR 09-06-080 Filed 3/3/09	WSR 09-18-093 Hearing 10/27/09
WAC 388-556-0600	Mental health services.	Correcting an errant WAC cross reference.	Kevin Sullivan HRSA-MA		Exempt.	WSR 09-23-075 Hearing 12/22/09
HRSA - Special Commitment Center (SCC)
Chapter 388-880 WAC	Civil commitment process of sexually violent predators.	Updating to better reflect practices and changes in chapter 71.09 RCW.	Mark Davis SCC		WSR 09-11-102 Filed 5/19/09
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 388-710 WAC	Consolidated juvenile services program.	Implement changes associated with the development of a new funding formula for the state funded juvenile court consolidated juvenile services programs as well as the development of a "block grant" funding mechanism.	Jeff Patnode JRA		WSR 09-15-163 Filed 7/21/09
Chapter 388-720 WAC	Collection of costs of support, treatment and confinement of juveniles under RCW 13.40.220.	More accurately reflecting gross personal income levels used to calculate obligation to reimburse the department and current costs of institutional care for juveniles in legal custody of the department.	Lee Mosley JRA		WSR 09-01-073 Filed 12/15/08	WSR 09-19-128 Hearing 10/27/09	WSR 09-24-093 Effective 1/1/10
Chapter 388-745 WAC	Transfer of juvenile offenders to the department of corrections.	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.
Executive Programs (Exec)
Exec - Division of Vocational Rehabilitation (DVR)
Chapters 388-891 388-892 WAC		(No current rule-making activity).
Exec - Management Services
Chapter 388-02 WAC	Hearing rules.	Making rules consistent with case law, facilitating timely processing of administrative hearings, promoting consistency in administrative hearing decisions, and clarifying rules.	Brian Lindgren MS-Board of appeals		WSR 08-22-051 Filed 11/3/08
Chapter 388-03 WAC	Rules and regulations for the certification of DSHS spoken language interpreters and translators.	Updating 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 [applicants] of their test dates, reviewing the chapter for other necessary changes.	Don Goldsby MSA-Language testing and certification		WSR 08-12-067 Filed 6/3/08
Chapter 388-06 WAC	Background checks.	Amending the rules to implement Initiative 1029.	Cindy LaRose MSA-Background check central unit		WSR 09-08-051 Filed 3/25/09
Exec - Office of Deaf and Hard of Hearing Services
Chapter 388-818 WAC	Deaf and hard of hearing services.		No current rule-making activity
Exec - 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.
Exec - Planning, Performance and Accountability (PPA)
Chapter 388-04 WAC	Protection of human research subjects.		No current rule-making activity

Notes and Definitions

牋牋 Explanation of selected terms used in these tables:

牋牋 "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.

牋牋 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.

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

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

牋牋 (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;

牋牋 (3) The laws authorizing the agency action;

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

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

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

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

牋牋 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.

牋牋 A "permanent rule" is a CR-103P rule-making order, filed under RCW 34.05.360 and 34.05.380. The CR-103P gives notice that the department is adopting final new, amended or repealed rules, completing the rule-making process. A CR-103P 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.

牋牋 An "emergency rule" is also a CR-103E 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.

牋牋 "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.

牋牋 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.

牋牋 "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.

牋牋 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.

牋牋 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 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 Vaughn

Rules Coordinator

� Washington State Code Reviser's Office