WSR 11-06-026

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed February 24, 2011, 1:15 p.m. ]

Following is the updated department of social and health services' (DSHS) semi-annual rule-making agenda for January 1 through June 30, 2011. 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/.

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 through July 2011



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

(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

388-826 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

388-823 WAC

Intake and determination of developmental disabilities. Amendments to this chapter will limit eligibility for individuals with autism to those whose disability is similar to mental retardation and intellectual disability. Reducing the number of eligible clients would allow us to manage budget shortfalls. Proposed amendments would also change the IQ requirements to receive services from DDD and reduce the number of clients, furthermore reducing budget shortfalls. Meredith Kelly
By combining the categories of "another neurological" and "other conditions" into one category will make our WAC consistent with RCW language which is required by state law. This will also reduce the number of administrative hearings saving AAG time. Other proposed changes would streamline eligibility reviews, thereby reducing case resource manager workload.
WAC

388-832-0025

Individual and family support program. By updating this chapter, clients that are on the individual and family services program and receive funding through the sate [state] supplementary program (SSP) will no longer be eligible to receive state funded emergency or one time awards. This amendment is necessary to match the SSP WAC that we are filing in emergency status. Meredith Kelly
WAC

388-827-0115

SSP program. This amendment will expand the number of clients eligible for SSP. By amending this rule, state money will be preserved that is currently used to fund services through the individual and family services program. SSP is a federally mandated program which requires DDD to spend monies to meet a maintenance of effort in order to continue to receive SSP. Meredith Kelly WSR

11-05-043


Effective

2/9/11

Currently the division has a surplus in SSP dollars and by converting clients from the individual and family services program, more clients can be served with SSP dollars who previously received services from the individual and family services program.
Chapter

388-828 WAC

DDD assessment. The department is proposing amendments to include algorithm governing determination of an employment support level for clients approved to receive employment services from DDD. Mark Eliason WSR

10-21-094


Filed

10/20/10

Chapter

388-825 WAC

DDD service rules. Housekeeping changes. Meredith Kelly WSR

10-10-075

ADSA - Division of Behavioral Health and Recovery (DBHR) - Chemical Dependency
Chapter

388-805 WAC

Certification requirements for chemical dependency service providers (agencies). The department is clarifying the use of tobacco products on the grounds of certified chemical dependency treatment programs and clarifying language of existing rule. Deb Cummins ADSA-DBHR
WAC

388-865-XXXX

Certification requirements for credentialed community mental health agencies. Rewrite of the department's mental health rules to benefit RSNs, CMHAs and clients. Pete Marburger

ADSA-DBHR

Chapter

388-877 WAC (new)

Certification requirements for integrated behavioral health services. The department is developing a new chapter for certification standards of an integrated mental health and substance abuse treatment program. Dennis Malmer

ADSA-DBHR

ADSA - Division of Behavioral Health and Recovery (DBHR) - Mental Health
WAC

388-865-0255

Consumer grievance process. Updating and clarifying policy and making the rules easier to read. Kevin Sullivan

ADSA-DBHR-MH

WSR

09-05-061


Filed

2/12/09

WSR

10-22-122


Hearing 12/7/10

WAC

388-865-0536 and

388-865-0547

Evaluation and treatment facility notice. SSHB [2SHB] 3076 requires E&Ts to notify designated mental health professionals when a person who was involuntarily committed is discharged. Kevin Sullivan

ADSA-DBHR-MH

WSR

10-15-062


Filed

7/15/10

Chapter 388-865 WAC Community mental health and involuntary treatment programs. Incorporate fee increases for certified and licensed chemical dependency and community mental health centers. Dennis Malmer
ADSA - Home and Community Services (HCS)
WAC

388-71-0724

Payment rates at adult day health centers. Implementing a preliminary injunction order issued by the United States District Court. Angel Sulivan

ADSA-HCS

WSR

10-19-083


Filed

9/17/10

Chapters

388-71,

388-106 WAC

Adult day health. Changing rules based on state budget and federal requirements regarding adult day health. Angel Sulivan

ADSA-HCS

(WAC 388-71-0724)

WSR

09-20-037


Filed

9/30/09


WSR

10-02-044


Filed

12/30/09


WSR

11-03-038


Filed

1/12/11

WSR

09-12-042


Filed

5/27/09

WAC

388-106-1200

through

388-106-1230

Respite care services. Adding language regarding the new tailored caregiver assessment and referral (TCARE) process. Angel Sulivan

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. Angel Sulivan

ADSA-HCS

WSR

09-24-028


Filed

11/23/09

WSR

10-17-075


Hearing

9/22/10

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

11-02-031


Effective 1/1/11

WSR

09-22-045


Filed

10/28/09

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 - Management Services Division, Office of Rates Management
Chapter

388-96 WAC

Nursing facility medicaid payment system. Incorporate statutory changes and clarify regulations. Patricia Hague

ADSA-MSD-Office of rates management

WSR

10-14-050


Filed

7/1/10


WSR

10-22-068


Effective

10/29/10

WSR

09-17-003


Filed

8/6/09


Published

9/2/09

Chapter

388-96 WAC

Nursing facility medicaid payment system. Adopt new rules and amend existing rules in chapter 388-96 WAC to implement ESSB 6872 (chapter 34, Laws of 2010 1st sp. sess.) and ESSB 6444 section 206, supplemental operating budget (chapter 37, Laws of 2010 1st sp. sess.). Patricia Hague

ADSA-MSD-Office of rates management

WSR

10-14-050


Filed

7/1/10

WSR

10-11-109

Published 6/2/10

WSR

10-20-171

Hearing

12/7/10

Chapter 388-96 WAC Nursing home rate changes or provider fees.
Chapter 388-97 WAC Nursing home license fees.
WAC

388-105-0005

Boarding home and adult family home rate changes.
WAC

388-105-0035

Capital add-on for assisted living.
Chapter

388-78A WAC

Boarding home license fees.
Chapter

388-76 WAC

Adult family home license fees.
Chapter

388-101 WAC

Supported living certification fees or provider fees.
ADSA - Residential Care Services (RCS)
Chapter

388-111 WAC

Establishing a separate chapter for residential habilitation centers. Would not be new requirements for the RHCs. John Gaskell WSR

10-19-103


Filed

9/20/11

WSR

11-02-073


Filed

1/5/11


Public Hearing

2/8/11

Children's Administration
WAC

388-15-013

Who may receive child protective services? Matching requirements as to in loco parentis in RCW 74.13.031 and children's administration policy. Tina Stern

Children's Administration

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

Children's Administration

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

Children's Administration

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 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

New WAC Services to underserved victims of domestic violence. Establish minimum standards for nonshelter, community based services to victims of domestic violence. Maureen Kelly
Chapter

388-60 WAC

Domestic violence perpetrator treatment certification. Add clarifying language and information regarding right to an administrative hearing.
WAC

388-25-0027

Foster care rate assessments. Allowing foster care payments to continue when a child is on the run or out of the home for up to fifteen days when the foster is willing to have the child returned to their care.
WAC

388-27-0275

Adoption reviews. Removes requirement for five-year review that is no longer required in statute. Pam Kramer
WAC

388-15-037

Voluntary placement agreement. Amend to remove authority to accept voluntary placement agreements.
Chapter

388-XX WAC

Federal Fostering Connections to Success Act - may require current WACs to be amended. Pam Kramer
Economic Services Administration (ESA)
ESA - Community Services Division (CSD)
WAC

388-450-0005

388-450-0100

388-450-0106

388-450-0155

388-450-0157

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

388-436-0002

If my family has an emergency, can I get help from DSHS to get or keep housing or utilities? Other possible related rules. Modify rules to tighten program requirements and reduce program costs due to a budget shortfall. Olga Walker

ESA-CSD

WSR

10-16-146


Filed

8/4/10

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? Implement a standardized medical expense deduction for households including an elderly or disabled person who has out of pocket medical costs. Is contingent of approval of a demonstration project waiver and system support. Holly St. John

ESA-CSD

WSR

10-23-118

WAC

388-450-0215

How does the department estimate my assistance unit's income to determine my eligibility and benefits? Update rules on income budgeting -specifically converting income in the month of application based on FNS. Kim Chea

ESA-CSD

WSR

10-05-085


Filed

2/15/10

Chapter

388-444 WAC

TANF/WorkFirst. Temporary assistance for needy families (TANF)/WorkFirst budget reductions -apply TANF/state family assistance (SFA) five year limit.
WAC

388-436-0002

Additional requirements--Emergent need (AREN). Adjust eligibility for AREN.
WAC

388-478-0055

State supplemental payment (SSP). Adjust the SSP issuance amount, required as part of the six percent reduction. Olga Walker

ESA-CSD

WSR

10-18-105

Filed

9/1/10

WAC

388-450-0080 and 388-450-0085

Self-employment business. Align sections, related rules and generally accepted practices for determining allowable costs of a self-employment business. Kay Christenson

ESA-CSD

WSR

10-20-161


Filed

10/6/10

WAC

388-418-0011

What is a mid-certification review (MCR), and do I have to complete one in order to keep receiving benefits? Mid-certification review process. Bob Thibodeau

ESA-CSD

WSR

10-23-117


Filed

11/17/10

WAC

388-406-0015

388-472-0005

The department is proposing to amend the expedited processing requirement from five calendar days to seven calendar days to be consistent with federal regulations for the supplemental nutrition assistance program (SNAP) under 7 C.F.R. 273.2(i). Kim Chea

ESA-CSD

WSR

10-24-115


Filed

12/1/10

WSR

11-03-077

Filed

1/18/11

WAC

388-464-0001

Requirement to cooperate with quality assurance. Increase sanction period for those that refuse to cooperate and reapply as required by federal regulation. Bob Thibodeau

ESA-CSD

WSR

10-24-116


Filed 12/1/10

WAC

388-436-0050

388-478-0020

388-478-0035

TANF and TANF-related grant reductions. Reduce payment standards and maximum earned income limits by fifteen percent. Aurea Figueroa-Rogers

ESA-CSD

WSR

11-03-018


Filed

1/7/11

WSR

11-02-068


Filed

1/5/11

Chapter

388-492 WAC

WASHCAP Washington combined application project renewal. Bob Thibodeau

ESA-CSD

WSR

11-02-069


Filed

1/5/11

WAC

388-410-0035

Alien and alien sponsor cash and food assistance overpayments. Amend its rules to comply with federal SNAP recipient claim establishment and collection regulations and implement the changes to WAC as required. Bob Thibodeau

ESA-CSD

WSR

11-02-070


Filed

1/5/11

WAC

388-400-0025

Who is eligible for disability lifeline? Shane Riddle

ESA-CSD

WSR

11-05-027


Filed

2/7/11

WSR

11-03-078


Filed

1/18/11

WAC

388-432-0005

Can I get help from DSHS for a family emergency without receiving monthly cash assistance? Reduce the availability of

DCA from $1250.00 in twelve month period to $1000.00.

Kerry Judge

ESA-CSD

WSR

11-02-034


Filed

12/29/10

WAC

388-408-0020

388-408-0025

388-436-0002

388-436-0020

388-436-0040

388-450-0025

388-470-0045

Include federal supplemental security income (SSI) recipients as part of the TANF or SFA assistance unit and count their SSI income when determining the family's eligibility for cash assistance. Leslie Kozak

ESA-CSD

WSR

11-04-062


Filed

1/27/11

WSR

11-05-084


Filed

2/15/11

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


4th Emergency

WSR

10-14-065

WSR

09-10-046


Filed

5/1/09

Chapter

388-XX WAC

Division of child support place holder. Edits may be required to implement rules related to medical support obligations if federal regulations are issued.
Medicaid Purchasing Administration (MPA)
MPA - Medical Assistance (MA)
WAC

388-406-0010

Application for benefits. Amending rule to require only one signature on applications for medical assistance. Kevin Sullivan WSR

10-22-120


Filed

11/3/10

WAC

388-424-0001

388-424-0006

388-424-0009

388-424-0010 and 388-450-0156

Citizenship and alien status. Bring rules into compliance with CMS guidelines. Kevin Sullivan WSR

11-03-080


Filed

1/18/11

WAC

388-475-0820

388-475-0840

388-475-0900

388-475-0920

388-475-0940 and

388-475-0960

SSI-related medical. Income exclusions, deeming, and allocation. Kevin Sullivan WSR

10-23-122


Filed

11/17/10

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

MPA

WSR

09-12-089


Filed

6/1/09

WAC

388-478-0065 and 388-505-0220

Income and resource standards for family medical programs. Moving income standards from WAC 388-478-0020 effective 2/1/11. Kevin Sullivan WSR

11-03-079

11-05-083


Filed

1/18/11 and 2/15/11

WSR

11-04-073


Filed

1/31/11

Chapter

388-500 WAC

Medical definitions. Updating medical definitions. Kevin Sullivan WSR

09-22-068


Filed

11/2/09

WAC

388-501-0050

388-501-0060

388-501-0065

388-501-0070 and 388-502-0160

Healthcare coverage -- Scope of categories of service, billing a client. Updating and clarifying policy. Kevin Sullivan

MPA

WSR

11-02-026


Filed

12/29/10


Effective

1/1/11

WSR

07-12-062 (repealed)


WSR

10-22-121


Filed

11/3/10

WAC

388-501-0180

388-501-0182 and

388-501-0184

Out-of-state medical care. Implementing federal law changes to requirements for paying providers for out-of-state care. Jason Crabbe WSR

11-05-082


Filed

2/15/11

Chapter

388-502 WAC

Electronic health records (EHR). Implementing new federal EHR incentive program. Jason Crabbe WSR

11-03-076

Filed

1/18/11

WAC

388-502-0010

388-502-0030

Payment for providers. Updating and clarifying rules regarding providers of services. Wendy Boedigheimer

MPA

WSR

09-05-056


Filed

2/12/09

Chapter

388-505 WAC

Family medical programs. Reducing eligibility for apple health for kids. Kevin Sullivan WSR

10-20-165


Filed

10/6/10

WAC

388-505-0110

Medical assistance coverage for adults not covered under family medical programs. Elimination of disability lifeline medical coverage effective 3/1/11. Kevin Sullivan WSR

10-20-165

Filed

10/6/10

WAC

388-517-0500

Medicare savings programs. Elimination of Medicare Part D prescription drug copayments for full-benefit dual-eligible clients. Kevin Sullivan WSR

11-02-029


Filed

12/29/10

WSR

10-20-160


Filed

10/6/10

WAC

388-530-7225 and 388-531-1625

Anti-hemophilia products. Allowing for reimbursement of anti-hemophilia products. Wendy Boedigheimer

MPA

WSR

10-15-039


Filed

7/13/10

WAC

388-531-0100

388-531-0150

388-531-0200

388-531-0250

388-531-0375

388-531-0400

388-531-1000

388-531-1025 and

388-531-1300

Physician-related services. Services reductions to meet governor-mandated 6.3% budget savings. Wendy Boedigheimer WSR

11-02-027


Filed

12/29/10

WSR

10-20-160


Filed

10/6/10

Chapter

388-533 WAC

First steps -- Maternity support services -- Infant case management--Child birth education Elimination or partial elimination of first steps/MSS/ICM/CBE services to pregnant women. Kevin Sullivan WSR

10-20-165


Filed

10/6/10

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

MPA

WSR

09-14-093

09-22-037

10-06-030

10-13-123

10-22-053

11-02-030


Filed 12/29/10

WSR

09-04-070


Filed

2/2/09

Chapter

388-537 WAC

School-based medical services. Elimination of school-based medical services program. Kevin Sullivan WSR

11-02-028


Filed

12/29/10

WSR

10-20-160


Filed

10/6/10

Chapter

388-540 WAC

Free standing kidney centers. Updating and clarifying policy. Wendy Boedigheimer

MPA

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, related supplies, prosthetics, orthotics, medical supplies and related services. Wendy Boedigheimer

MPA

WSR

09-12-043


Filed

5/27/09

Chapter

388-544 WAC

Vision care services. Elimination of eyeglass frames, lenses, and contact lenses for adult clients. Wendy Boedigheimer

WSR

11-02-024


Filed

12/29/10

WSR

10-20-160

Filed

10/6/10

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

MPA

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. Wendy Boedigheimer

MPA

WSR

09-04-073


Filed

2/2/09

Chapter

388-547 WAC

Hearing aids and services. Elimination of hearing devices for adult clients. Including hearing aids, bone-anchored hearing aids, cochlear implants, and parts, batteries, and repairs. Wendy Boedigheimer

WSR

11-02-025


Filed

12/29/10

WSR

10-20-160


Filed

10/6/10

Chapters

388-548 and 388-549 WAC

Federally qualified health centers (FQHC) and rural health centers (RHC). Reduction in cost-based encounter payments to FQHCs and RHCs via reinstating prospective payment system (PPS) and eliminating alternative payment methodology (APM). Wendy Boedigheimer

WSR

11-05-071


Filed

2/14/11

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

MPA

WSR

09-13-099


Filed

6/17/10

Juvenile Rehabilitation Administration (JRA)
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

Executive Programs (Exec)
Exec - Division of Vocational Rehabilitation (DVR)
No rule-making activity at this time Mike Cunningham
Exec - Special Commitment Center (SCC)
WAC

388-885-005

388-885-010

388-885-013

388-885-015

388-885-025

388-885-030

388-885-035

388-885-016 (proposed)

Civil commitment cost reimbursement. These existing rules require updating 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, and to implement cost saving measures directed in ESB 6870 (containing costs for services to sexually violent predators) and ESSB 6444 (2009-11 revised omnibus operating budget (2010 supp.)). Mark Davis

Performance and accountability officer

WSR 10-07-059


Filed

3/15/10

Exec - Office of Administrative Resources (OAR)
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 Barnes

Language testing and certification

WSR

08-12-067


Filed

6/3/08

Exec - Office of Deaf and Hard of Hearing Services
New WAC chapter - to be determined. To be determined. Standards for sign language interpreters in court. Emily Hill, ODHH Filed

9/22/10

Exec - Office of Risk Management (ORM)
No rule-making activity at this time.
Exec - Planning, Performance and Accountability (PPA)
No rule-making activity at this time.

Notes


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.

Katherine Vasquez

Rules Coordinator

Washington State Code Reviser's Office