WSR 15-17-016
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed August 7, 2015, 2:41 p.m.]
Following is the department of social and health services (DSHS) semi-annual rule-making agenda for July 1 through December 31, 2015. This agenda will be published in the Washington State Register as required in RCW 34.05.314 and distributed to interested parties. It is also available online at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/dshs-semi-annual-rule-making-agenda.
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.
DSHS Semi-Annual Rules Agenda
July - December 2015
Administration / Division
WAC
Sections
Purpose for Rule Making
CR-101
Filings
CR-102 or CR-105
Filings
CR-103E
or CR-103P
Filings
Aging and Long-Term Support Administration
       Home and Community Services Division
 
WAC
388-106-0010
Clarify the definitions of eating and set-up help in response to recent board of appeals decisions, add new definitions related to modified adjusted gross income (MAGI) eligibility group and to clarify existing definitions related to long-term care services, clarify the definition of informal support in response to decisions from the health care authority board of appeals, and amend existing definitions to include enhanced services facilities.
WSR 14-22-084
Filed 11/3/2014
WSR 15-09-100
Filed 4/20/2015
 
 
New sections in chapter 388-71 WAC
Residential client protection program (RCPP) found in chapter 388-76 WAC (adult family home), chapter 388-78A WAC (assisted living), chapter 388-97 WAC (nursing home), chapter 388-101 WAC (supportive living programs), and chapter 388-111 WAC (residential habilitation centers), to the adult protective services program.
WSR 15-01-181
Filed 12/23/2014
WSR 15-10-100
Filed 5/6/2015
 
 
New section in chapter 388-71 WAC
Home and community services (HCS) and programs, and other related rules as may be required. The new section will clarify exceptions and corresponding verification to the electronic time keeping requirement for home care agencies.
WSR 15-03-029
Filed 1/12/2015
 
 
 
WAC
388-106-1000 through 388-106-1055
To clarify the definition for nurse services intervention, to define the scope of services to be authorized, and explain the necessity for documentation to support the required services.
WSR 15-05-078
Filed 2/18/2015
 
 
 
Chapter
388-106
WAC
Long-term care services, specifically new freedom, and other related rules as may be required.
WSR 15-06-057
Filed 3/3/2015
 
 
 
WAC
388-71-0515 (11)
To modify the language so that it will accurately reflect a change in the way individual providers will report the time they have worked. This change is based on payment moving from the social services payment system to the provider compensation subsystem that will be implemented in 2016.
WSR 15-08-014
Filed 3/24/2015
 
 
       Management Services Division
 
Chapter
388-96
WAC
New rules relating to nursing home staffing levels, and other related rules as may be required.
WSR 15-15-069
Filed 7/13/2015
 
 
 
WAC
388-105-0005
Updating the rate table contained in WAC and other related rules as may be required in accordance with the 2015-2017 operating budget.
WSR 15-15-074
Filed 7/13/2015
 
WSR 15-15-124
Filed 7/16/2015
       Residential Care Services Division
 
Chapter
388-107
WAC
RCPP has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would be incorrect and will be repealed. Residential care services (RCS) is coordinating to eliminate these WAC at the same time home and community services (HCS) is going to incorporate them into their WAC.
WSR 15-01-175
Filed 12/23/2014
WSR 15-10-093
Filed 5/6/2015
 
 
Chapter
388-111
WAC
RCPP has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would be incorrect and will be repealed from chapter 388-111 WAC. RCS is coordinating to eliminate these WAC at the same time HCS is going to incorporate them into their WAC.
WSR 15-01-176
Filed 12/23/2014
WSR 15-09-095 [15-10-095]
Filed 5/6/2015
 
 
WAC 388-101-4210, 388-101-4220, 388-101-4230
RCPP has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would be incorrect and will be repealed from chapter 388-101 WAC. RCS is coordinating to eliminate these WAC at the same time HCS is going to incorporate them into their WAC.
WSR 15-01-177
Filed 12/23/2014
WSR 15-10-096
Filed 5/6/2015
 
 
Chapter
388-78A
WAC
RCPP has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would be incorrect and will be repealed from chapter 388-78A WAC. RCS is coordinating to eliminate these WAC at the same time HCS is going to incorporate them into their WAC.
WSR 15-01-179
Filed 12/23/2014
WSR 15-10-094
Filed 5/6/2015
 
 
Chapter
388-76
WAC
RCPP has been moved into adult protective services references to the RCPP would be incorrect and will be repealed. RCS is coordinating to eliminate these WAC sections at the same time HCS is incorporating them into their WAC.
WSR 15-01-180
Filed 12/23/2014
WSR 15-10-092
Filed 5/6/2015
WSR 15-14-083
Filed 6/29/2015
 
Chapter
388-110
WAC
Contracted RCS: Definitions; Part II-Assisted living services facility physical requirements; Part III-Enhanced adult residential care facility physical requirements; and Part IV-Adult residential care services facility physical requirements, and other related rules as may be required.
WSR 15-06-056
Filed 3/3/2015
WSR 15-10-105
Filed 5/6/2015
WSR 15-14-082
Filed 6/29/2015
 
Chapter
388-97
WAC
Nursing home minimum licensing requirements, including: Preadmission screeningLevel I; Advanced categorical determinations, not subject to preadmission screeningLevel II; preadmission screeningLevel II; resident review; preadmission screening and resident review (PASRR) determination and appeal rights; and other related rules as may be required.
WSR 15-07-003
Filed 3/6/2015
WSR 15-12-096
Filed 6/2/2015
 
 
Chapter
388-107
WAC
Enhanced services facilities in order to address concerns of the Center for Medicare/Medicaid Services home and community based services (HCBS) and stakeholders with operationalization of the requirements stated therein.
WSR 15-10-041
Filed 4/29/2015
 
WSR 15-10-056
Filed 4/30/2015
 
Chapter
388-101
WAC
To be in compliance with recently passed legislation, SSB 5600 and HB 1307. The rules are also needed to address training and fingerprint requirements from legislation that will take effect on January 1, 2016.
WSR 15-12-084
Filed 6/1/2015
 
 
 
Chapter
388-78A
WAC
Consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and developmental disabilities.
WSR 15-15-098
Filed 7/15/2015
 
 
 
Chapter
388-76
WAC
To consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and developmental disabilities administration (DDA).
WSR 15-15-099
Filed 7/15/2015
 
 
 
Chapter
388-101
WAC
To consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and DDA.
WSR 15-15-109
Filed 7/16/2015
 
 
 
Chapter
388-97
WAC
Consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and DDA.
WSR 15-15-111
Filed 7/16/2015
 
 
 
Chapter
388-97
WAC
Nursing homes, WAC 388-97-0001 Definitions, 388-97-1080 Nursing services, 388-97-1660 Staff and equipment, 388-97-4560 Amount of civil fine, 388-97-4600 Civil penalty fund, and other related rules as may be required. The department may also develop new rule sections related to staffing ratio requirements.
WSR 15-15-125
Filed 7/16/2015
 
 
 
Chapter
388-107
WAC
The department is considering adding new sections and amending sections. The purpose for the changes is to consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and DDA.
WSR 15-15-122
Filed 7/16/2015
 
 
       Office of Deaf and Hard of Hearing
No rule-making actions at this time
 
 
 
 
 
Behavioral Health & Service Integration Administration
       Division of Behavioral Health and Recovery
 
WAC
388-865-0255
New rules inform individuals applying for, eligible for, or receiving mental health services of their right to express dissatisfaction regarding a mental health service and how to use the regional support network's grievance system
WSR 14-16-111
Filed 8/6/2014
WSR 15-03-057
Filed 1/15/2015
WSR 15-14-058
Filed 6/25/2015
Effective 7/26/2015
 
WAC
388-865-0526
As a result of the Washington Supreme Court decision in the Detention of D.W., et.al, No. 90110-4. This section contains the department's rules for single bed certification which allows for the inpatient treatment of adults and children in facilities that are not certified as inpatient evaluation and treatment facilities.
WSR 14-22-016
Filed 10/23/2014
WSR 15-11-085
Filed 5/19/2015
WSR 15-09-122 (CR-103E)
Filed 4/21/2015
WSR 15-14-087 (CR-103P)
Filed 6/29/2015
Effective 7/30/2015
Developmental Disabilities Administration
 
Chapter
388-827
WAC
The department is amending state supplementary payment program to provide additional information regarding client eligibility.
WSR 14-04-129
Filed 2/5/2014
 
 
 
New rules in
Title 388 WAC
DDA is creating rules to comply with the requirements in chapter 74.39A RCW related to training for residential service businesses.
WSR 14-18-086
Filed 9/3/2014
WSR 15-11-072
Filed 5/19/2015
 
 
New rules in
Title 388 WAC
ESHB 2746 requires DSHS to refinance personal care services and establish a 1915(k) Community First Choice Option (CFCO) program per §1915(k) of the Social Security Act. DSHS will develop a state plan amendment. These rules will define the scope and eligibility of the new 1915 (k) services as provided by DDA. Other WAC chapters may need to be updated in order to implement the CFCO. Housekeeping changes may also be made.
WSR 14-22-083
Filed 11/3/2014
 
 
 
New rules in
Title 388 WAC
ESHB 2746 requires DSHS to refinance personal care services and establish a 1915(k) CFCO program per §1915(k) of the Social Security Act. DSHS will develop a state plan amendment. Services offered on the CFCO program that are currently available in an HCBS waiver will be removed from the waiver rules and/or otherwise modified to accommodate the new program. Other related changes that may arise during this rule making may be incorporated.
WSR 14-22-082
Filed 11/3/2014
 
 
 
Chapter
388-827
WAC
DDA intends to make changes to state supplementary payment program, that will improve the management of the program and more easily meet the needs of DDA clients on the program, by streamlining the methods currently used.
WSR 15-05-045
Filed 2/12/2015
 
 
 
Chapter
388-825
WAC
Specific sections of division of developmental disabilities services rules, including WAC 388-825-056, 388-825-057, 388-825-058, 388-825-061, 388-825-062, 388-825-064, 388-825-066, 388-825-067, 388-825-069, 388-825-071, 388-825-072, 388-825-074, 388-825-081, 388-825-084, 388-825-0871, 388-825-088, 388-825-089, 388-825-091, 388-825-093, 388-825-094, 388-825-096, 388-825-097, 388-825-098, 388-825-100, 388-825-101, 388-825-102, 388-825-103, 388-825-104, 388-825-105, 388-825-120, 388-825-125, 388-825-130, 388-825-135, 388-825-140, 388-825-150, 388-825-155, 388-825-165, 388-825-201, 388-825-206, 388-825-211, 388-825-300 and 388-825-360, and other related rules as may be required. These updates will include process, policy, eligibility information changes, and changes to the current verbiage to make it easier to comprehend.
WSR 15-05-076
Filed 2/18/2015
WSR 15-12-073
Filed 5/29/2015
 
 
Chapter
388-829A
WAC
Alternative living and other related rules as may be required to comply with the requirements in chapter 74.39A RCW. This update will also include changes to replace outdated terminology and update incorrect RCW and WAC references.
WSR 15-09-115
Filed 4/21/2015
 
 
 
Chapter
388-829C
WAC
DDA is updating "companion homes" and other related rules as may be required to comply with the requirements in chapter 74.39A RCW. This update will also replace outdated terminology and update incorrect RCW and WAC references.
WSR 15-09-116
Filed 4/21/2015
 
 
 
WAC
388-828-1500
DDA proposes to make changes to "When does DDD conduct a reassessment?" and WAC 388-828-1520 Where is the DDD assessment and reassessment administered?, to more closely align with the 42 C.F.R. 441.540 (a)(3) requirement that allows the individual to select a time and location of their convenience for assessments.
WSR 15-12-060
Filed 5/28/2015
 
 
 
Title 388 WAC
DDA plans to create new rules that describe the state's program for PASRR.
WSR 15-13-113
Filed 6/16/2015
 
 
Children's Administration
 
WAC
388-148-0455
WAC 388-148-0455 was replaced by WAC 388-145-1760 when children's administration division of licensed resources revised all of their WAC in January 2015. Therefore, WAC 388-148-0455 needs to be repealed to eliminate duplication.
 
CR-105
WSR 15-03-079
CR-103P
WSR 15-16-092
Filed 8/3/2015
Effective 9/3/2015
 
Chapter
388-70
WAC
Making changes to match requirements in chapter 13.38 RCW, the Washington State Indian Child Welfare Act and the federal Indian Child Welfare Act, 25 U.S.C. Chapter 21, as well as to reflect changes in children's administration policy.
WSR 15-11-090
Filed 5/20/2015
 
 
 
WAC
388-148-1320, 388-145-1335
Update "Will the department grant me a foster family license?", "What additional steps must I complete prior to licensing?", and any other related rules as may be required to provide further instructions on how to proceed with foster care applicants and their household members over the age of eighteen or agency staff that have a positive TB test due to latent TB. This update will also include changes to allow for a medical exception to the requirement for proof of influenza vaccination if the vaccination would result in a severe medical consequence to the person or unborn fetus and there is no other form of influenza vaccine that would not cause severe medical consequences.
WSR 15-15-083
Filed 7/14/2015
 
 
Economic Services Administration
       Community Services Division
 
WAC 388-410-0020, 388-410-0025, 388-410-0030, 388-410-0033
To amend, "What happens if I receive more Basic Food or WASHCAP benefits than I am supposed to receive?," "Am I responsible for an overpayment in my assistance unit?," "How does the department calculate my Basic Food or WASHCAP overpayment?," "How and when does the department collect a Basic Food or WASHCAP overpayment?," and any other related rules to clarify how state and federal food assistance overpayments are established, calculated, and recovered. The department is also proposing to clarify client hearing rights related to state and federal food assistance overpayments.
WSR 15-01-178
Filed 12/23/2014
 
 
 
WAC
388-444-0030
The community services division is proposing to amend to update the state plan for the supplemental nutrition assistance program (SNAP) concerning able-bodied adults without dependents (ABAWD) time limits and work requirements. The previous ABAWD waiver is due to expire September 30, 2015. This rule filing is needed to reflect the newly approved statewide waiver of work requirements for ABAWDs, which is valid through December 31, 2015.
WSR 15-04-009
Filed 1/22/2015
WSR 15-14-074
Filed 6/26/2015
 
 
Title 388 WAC
To update all necessary sections to implement annual adjustments to standards for WASHCAP and the Washington Basic Food program. Amendments may include updates to the following rules for federal fiscal year 2016: WAC 388-412-0015 General information about your food assistance allotments, 388-450-0185 What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?, 388-450-0190 How does the department figure my shelter cost income deduction for Basic Food?, 388-450-0195 Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits?, 388-478-0060 What are the income limits and maximum benefit amounts for Basic Food?, and other related rules as may be required.
WSR 15-06-054
Filed 3/3/2015
 
 
 
WAC
388-450-0200
The department is proposing to amend "Will the medical expenses of elderly persons or individuals with disabilities in my assistance unit be used as an income deduction for Basic Food?," and other related rules as may be required.
WSR 15-08-047
Filed 3/27/2015
 
 
 
WAC 388-310-1300, 388-310-1500, 388-450-0050
The department is proposing to amend "community jobs," "WorkFirst-employment conditions," "How does your participation in the community jobs (CJ) program affect your cash assistance and Basic Food benefits?," and other related rules as may be required. The department is proposing to amend these rules to address local minimum wage increase ordinances.
WSR 15-08-088
Filed 3/31/2015
WSR 15-13-007
Filed 6/4/2015
 
 
WAC
388-310-0800
This department is proposing to amend [rules] to make WorkFirst support services transportation allotments available to persons who are engaged in other required WorkFirst activities, and any other related rules.
WSR 15-09-093
Filed 4/17/2015
WSR 15-13-094
Filed 6/15/2015
 
 
WAC
388-400-0040
The department is proposing to amend "Am I eligible for benefits through the Washington Basic Food program?" and any other related rules as may be required to amend the definition of "disabled" for SNAP clients. The proposal is to amend the definition to include clients that receive state general assistance benefits.
WSR 15-10-038
Filed 4/29/2015
WSR 15-14-067
Filed 6/26/2015
 
 
Chapter
388-406
WAC
The department is proposing to amend rules under "applications" and other related rules as may be required. The amendments propose to use the option under 7 C.F.R. 273.2 (h)(i)(2)(A) of sending an applicant for Basic Food a notice of pending status on the thirtieth day when there has been a delay in processing a food assistance application and the delay is caused by the household.
WSR 15-14-035
Filed 6/23/2015
 
 
 
 
The amendments under this filing incorporate the benefit level for the state-funded food assistance program (FAP) for legal immigrants under the approved 2015-2016 biennial operating budget.  RCW 74.08A.120 provides that the legislature shall set the benefit level for FAP in the biennial operating budget.
WSR 15-15-061
Filed 7/10/2015
 
WSR 15-14-115
Filed 6/30/2015
 
 
The department is proposing to amend rules under WAC 388-450-0015, 388-470-0045, 388-470-0055, and other related rules as may be required. The amendments propose to implement income and asset exclusions for ABLE (achieving a better life experience) tax-deferred accounts and associated distributions.
WSR 15-16-051
Filed 7/29/2015
 
 
       Division of Child Support (DCS)
 
 
DCS proposed amendments to WAC 388-14A-4200 and any other rules as may be required in order to implement SB 5793 (chapter 124, Laws of 2015), which takes effect on July 24, 2015.
WSR 15-15-169
Filed 7/22/2015
 
WSR 15-16-004
Filed 7/23/2015
Rehabilitation Administration
       Division of Vocational Rehabilitation (DVR)
 
 
DVR plans to amend, repeal, and add new WAC to chapter 388-891 WAC.
WSR 14-18-085
Filed 9/3/2014
 
 
Executive
       Headquarters
No rule-making actions at this time
 
 
 
 
 
Financial Services Administration
       Administrative Services Division
 
WAC
388-03-030, 388-03-060(2), 388-03-124
Certification of spoken language interpreters, translators, employees and licensed agency personnel.
 
CR-105
WSR 15-12-067
Filed 5/29/2015
 
Katherine Iyall Vasquez
Rules Coordinator