WSR 16-07-021
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed March 7, 2016, 2:22 p.m.]
Following is the department of social and health services' semi-annual rule-making agenda for January 1 - June 30, 2106 [2016]. 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
January 1 - June 30, 2016
Administration/
Division
WAC
Sections
Purpose for
Rule Making
CR-101
Filings
CR-102
Filings
CR-103
Filings
Aging and Long-Term Support Administration
Home and Community Services
 
Chapter 388-71 WAC
Proposing to add a section to home and community services 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
Clarifying 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
 
 
 
WAC 388-71-0515 (11)
The department is amending 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
WSR 15-20-112
Filed 10/6/2015
 
 
Chapters 388-71, 388-106 WAC
The department is considering amending "home and community services and programs," "long-term care services," and other related rules as may be required.
WSR 15-19-135
Filed 9/21/2015
WSR 16-01-179
Filed 12/22/2015
 
 
Chapter 388-106 WAC
Long-term care services. These rules will be amended to add retainer payments to the residential support waiver (RSW) and to add two new waiver services, adult day health and expanded community services. Other WAC chapters may need to be updated as a result of this rule making.
WSR 16-04-070
Filed 1/29/2016
 
 
Management Services Division
 
Chapter 388-96 WAC, and other related rules as may be required
The department is proposing new rules relating to nursing home staffing levels.
WSR 15-15-069
Filed 7/13/2015
 
 
 
Chapter 388-96 WAC, as may be required
The department plans to amend or create new sections to adopt rules regarding ventilator/tracheostomy clients in nursing facilities.
WSR 15-22-100
Filed 11/4/2015
 
 
Residential Care Services Division
 
Chapter 388-107 WAC
The department is revising "enhanced services facilities" in order to address concerns of the Center for Medicare/Medicaid Services (CMS) home and community-based services (HCBS) and stakeholders with operationalization of the requirements stated therein.
WSR 15-10-041
Filed 4/29/2015
WSR 15-24-037
Filed 11/20/2015
WSR 16-01-160
Filed 12/22/2015
 
WSR 15-18-053
Filed 8/27/2015
 
WSR 15-10-056
Filed 4/30/2015
 
Chapter 388-101 WAC
The department is amending to be in compliance with recently passed legislation, SSB 5600 and HB1307. The rules are also needed to address training and fingerprint requirements from past legislation to be effective January 1, 2016.
WSR 15-12-084
Filed 6/1/2015
WSR 15-20-113
Filed 10/6/2015
 
 
Chapter 388-78A WAC
The purpose for the changes is to consolidate the negative actions and character, competence, and suitability rules related to background checks for home and community services (HCS), residential services (RCS), and developmental disabilities.
WSR 15-15-098
Filed 7/15/2015
 
 
 
Chapter 388-76 WAC
The department is adding new sections and amending sections 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
Adding new sections and amending sections 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
Adding new sections and amending to 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, WAC 388-97-0001, 388-97-1080, 388-97-1660, 388-97-4600
Amending the following sections in nursing homes, definitions, nursing services, staff and equipment, WAC 388-97-4560 Amount of civil fine, 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
 
WSR 16-02-043
Filed 12/30/2015
 
Chapter 388-107 WAC
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 at this time
Behavioral Health Administration
Division of Behavioral Health and Recovery
 
Chapter 388-865 WAC
The department is adopting new sections to comply with 2E2SSB 5177 (chapter 7, Laws of 2015).
WSR 15-18-070
Filed 8/28/2015
WSR 16-01-124
Filed 12/18/2015
WSR 16-04-040
Filed 1/26/2016
 
WSR 15-20-121
Filed 10/7/2015
Developmental Disabilities Administration
 
Chapter 388-827 WAC
Amending 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 388-829A WAC
Updating "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 housekeeping changes to replace outdated terminology and update incorrect RCW and WAC references.
WSR 15-09-115
Filed 4/21/2015
 
 
 
Chapter 388-829C WAC
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 include housekeeping changes to replace outdated terminology and update incorrect RCW and WAC references.
WSR 15-09-116
Filed 4/21/2015
 
 
 
WAC 388-828-1500 and 388-828-1520
"When does DDD conduct a reassessment?" and "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
 
 
 
WAC 388-825-315, 388-825-370 through 388-825-395, and other related rules as may be required
Amending to change the allocation of personal care hours from a monthly basis to a weekly basis.
WSR 15-19-160
Filed 9/23/2015
 
 
 
Title 388 WAC
The 2015-2017 biennium budgets provided funding to develop eight community respite beds for adults with developmental disabilities for the provision of short-term community-based planned respite services across the state. The department intends to make updates to rules related to funding for respite beds.
WSR 15-20-015
Filed 9/24/2015
 
WSR 16-04-073
Filed 1/29/2016
 
WAC 388-832-0015 and repealing WAC 388-832-0085
Amending due to the 2014 operating supplemental budget directing DDA to move the state funded individual and family services (IFS) program into a 1915(C) HCBS waiver.
WSR 16-02-110
Filed 1/6/2016
WSR 16-06-048
Filed 2/24/2016
WSR 16-02-035
Filed 12/30/2015
Children's Administration
 
Chapter 388-70 WAC
The department is 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
 
 
 
Chapter 388-25 WAC
The department proposes to amend to add a fifth eligibility criterion to the extended foster care WAC that goes into effect on July 1, 2016, in order to align with federal legislation.
WSR 16-06-111
Filed 3/2/2016
 
 
 
Chapters 388-145, 388-147, and 388-148 WAC
The department is proposing to amend to provide foster parents, DSHS staff, private agency and group care staff additional clarification on the minimum licensing requirements
WSR 16-06-112
Filed 3/2/2016
 
 
Economic Services Administration
Community Services Division
 
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
 
 
 
Chapter 388-406 WAC
The department is proposing to amend "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
 
 
 
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
WSR 15-23-072
Filed 11/16/2015
 
 
Chapter 388-493 WAC
The community services division is creating "working family support" to implement a new program that will provide additional resources for Basic Food clients.
WSR 16-01-154
Filed 12/21/2015
WSR 16-05-091
Filed 2/16/2016
 
 
WAC 388-450-0200
The department is amending to clarify that medical marijuana is not an acceptable medical expense.
WSR 16-01-153
Filed 12/21/2015
WSR 16-06-098
Filed 3/1/2016
 
 
WAC 388-426-0005
The department is amending to correct contact information for the USDA in order to file a civil rights complaint or receive more information.
 
 
 
 
WAC 388-400-0047 and other related rules as may be required
The department may amend to provide a small energy assistance payment to certain Basic Food households who are not eligible for a standard utility allowance income deduction.
WSR 16-04-122
Filed 2/2/2016
 
 
Division of Child Support
 
Chapter 388-14A WAC
In order to implement SB 5793, DCS is amending WAC 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?
WSR 15-15-169
Filed 7/22/15
WSR 15-23-097
Filed 11/17/2015
WSR 16-03-024
Filed 1/11/2016
Rehabilitation Administration
Division of Vocational Rehabilitation
 
No rule making at this time
Financial Services Administration
Operations Support and Services Division
 
Chapter 388-03 WAC
1. Add "(c) Continuing education credits (CEC) earned before January 1, 2015, will not be accepted, even if the CEC were DSHS approved." under WAC 388-03-160(2) to clarify the beginning date that CEC are accepted for certification status maintenance.  2. Correct the typo "processional" to "professional" in WAC 388-03-114(2).
 
WSR 15-23-007
Filed 11/5/2015
WSR 16-04-021
Filed 1/22/2016
Executive
 
No rule making at this time
Katherine Iyall Vasquez
Rules Coordinator