WSR 18-16-001
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed July 19, 2018, 10:24 a.m.]
Following is the department of social and health services (DSHS) semi-annual rule-making agenda for July 1 through December 31, 2018. 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.
Semi-Annual Rule-Making Agenda
July 1 through December 31, 2018
Administration/Division
WAC
Sections
Purpose for Rule Making
CR-101
Filings
CR-102 or
CR 105
Filings
CR-103E
Filings
Aging and Long-Term Support Administration
Home and Community Services Division
 
Chapters 388-71 and 388-113 WAC
The department is considering adding new sections, repealing sections, and amending existing sections to clarify and consolidate rules related to background checks, disqualifying convictions and negative actions, and character, competence, and suitability (CC&S) determinations for home and community services, residential care services, and the developmental disabilities administration (DDA).
WSR 17-17-072
Filed 8/15/2017
 
 
 
Chapter 388-71 WAC
The department is considering adding a new section related to overpayment for individual providers, and creating, repealing, or amending other related rules as may be required.
WSR 17-17-074
Filed 8/15/2017
WSR 18-08-072
Filed 4/3/2018
 
 
388-106-0010
The department is planning to amend "What definitions apply to this chapter?" and other related rules as may be required to clarify the definition of "informal support."
WSR 18-01-105
Filed 12/19/2017
WSR 18-11-035
Filed 5/8/2018
 
 
Chapter 388-112A WAC
The department is planning to amend "residential long-term care services training" and other related rules as may be required.
WSR 18-05-022
Filed 2/9/2018
 
 
 
Chapter 388-71 WAC
The department is planning to amend "home and community services and programs" and other related rules as may be required specifically related to adult day health and adult day care.
WSR 18-05-079
Filed 2/20/2018
WSR 18-11-136
Filed 5/23/2018
 
 
388-106-0045 and 388-106-0047
The department is planning to amend "When will the department authorize my long-term care services?" and "When will the department terminate or deny long-term care services to me?" to clarify that client services may be authorized prior to the client's signature on the service summary and that services are not required to be terminated when the department is unable to obtain the client's signature on the service summary.
WSR 18-11-040
Filed 5/8/2018
 
 
 
388-106-1920
The department is proposing to amend "What is the maximum amount of step three services I may receive a month?"
 
 
 
 
388-106-0905
The department is amending to correct an eligibility error for medical care services (MCS) that occurred during the implementation of the community first choice program.
 
 
WSR 18-14-009
Filed 6/22/2018
 
388-105-0005
The department is planning to amend to update rates in the table for all settings to reflect new rates that will be paid effective July 1, 2018.
WSR 18-08-076
Filed 4/3/2018
 
WSR 18-14-060
Filed 6/29/2018
 
388-106-0905(3)
The department is amending to correct an eligibility error for MCS that occurred during the implementation of the community first choice program.
WSR 18-15-093
Filed 7/18/2018
 
 
Management Services Division
 
388-105-0005
The department is planning to amend to update rates in the table for all settings to reflect new rates that will be paid effective July 1, 2018.
WSR 18-08-076
Filed 4/3/2018
 
WSR 18-14-060
Filed 6/29/2018
Residential Care Services Division
 
Chapter 388-76 WAC
The department is considering amending the following sections in "adult family home minimum licensing requirements" and other related rules as may be required. The department may also develop new rule sections related to discharge and transfer notice and compliance with 42 C.F.R. 441.302.
WSR 17-07-119
Filed 3/21/2017
WSR 17-23-030
Filed 11/7/2017
 
 
Chapter 388-78A WAC
The department is proposing to amend sections in "assisted living facility licensing rules" including WAC 388-78A-2190 and other related rules as may be required to assure compliance with requirements from 2016-2017 legislation, SHB 1671, which requires "medication assistance" to be added to the "activities of daily living" which currently includes bathing, dressing, eating, personal hygiene, transferring, toileting, and mobility.
WSR 17-18-085
Filed 9/5/2017
 
 
 
Chapter 388-97 WAC
The department is planning to amend "nursing homes," including WAC 388-97-1090 Direct care hours, and other related rules as may be required.
WSR 17-21-086
Filed 10/17/2017
 
 
 
Chapter 388-76 WAC
The department is proposing to amend "adult family home minimum licensing requirements."
WSR 17-23-043
Filed 11/8/2017
 
 
 
388-97-4425
The department is planning to amend "Notice—Service complete," WAC 388-97-4430 Notice—Proof of service, 388-97-4440 Appeal rights, and other related rules as may be required.
WSR 18-07-079
Filed 3/19/2018
 
 
 
Chapter 388-78A WAC
The department is planning to add new sections and amend existing sections, including WAC 388-78A-3140, 388-78A-3150, 388-78A-3152, 388-78A-3160, 388-78A-3170, 388-78A-3180, 388-78A-3190, 388-78A-3200, and other related rules as may be required to assure compliance with requirements of HB 2750 passed by the 2018 legislature.
WSR 18-11-069
Filed 5/15/2018
 
 
 
388-78A-2020
The department is amending WAC 388-78A-2020 Definitions, to remove an erroneous second occurrence of the definition of the term "Personal exploitation" that contains a typographical error.
 
WSR 18-11-135
Filed 5/23/2018
 
 
388-101-3170
The department is planning to amend "Group training home" and other related rules as may be required in order to meet the statutory requirements of RCW 70.128.030.
WSR 18-13-048
Filed 6/12/2018
 
 
 
Chapter 388-107 WAC
The department is proposing to amend sections to update references from chapter 388-112 WAC to chapter 388-112A WAC.
 
WSR 18-14-064
Filed 6/29/2018
 
 
Chapter 388-78A WAC
The department is proposing to amend sections to update references from chapter 388-112 WAC to chapter 388-112A WAC.
 
WSR 18-14-063
Filed 6/29/2018
 
 
Chapter 388-76 WAC
The department is proposing to amend sections to update references from chapter 388-112 WAC to chapter 388-112A WAC.
 
WSR 18-14-2018
[18-14-097]
Filed 7/3/2018
 
Behavioral Health Administration
 
Chapter 388-875 WAC
The department is planning to amend "Criminally insane person committed to the care of the department of social and health services – evaluation, placement, care and discharge" and other related rules as may be required.
WSR 18-06-102
Filed 3/7/2018
 
 
Developmental Disabilities Administration
 
Chapter 388-825 WAC
The department is proposing to amend sections within "Developmental Disabilities Administration Service Rules" to align these rules with amendments being made to chapters 388-71 and 388-113 WAC.
WSR 17-13-114
Filed 6/20/2017
 
 
 
Chapter 388-825 WAC
The department is proposing to amend sections within "Developmental Disabilities Administration Service Rules," chapter 388-101D WAC, Requirements for providers of residential services and supports," and other related rules as may be required.
WSR 17-13-127
Filed 6/21/2017
 
 
 
Chapter 388-829C WAC
The department is considering amending "Companion Homes" and other related rules as may be required to clarify and update the monitoring process for companion home providers.
WSR 17-16-149
Filed 8/1/2017
 
 
 
Chapter 388-829A WAC
The department is considering amending "Alternative Living" and other related rules as may be required to clarify and update the monitoring process for alternative living providers.
WSR 17-16-150
Filed 8/1/2017
 
 
 
Chapters 388-825 and 388-101D WAC
The department is proposing to amend to correct cross-references and align with chapter 388-825 WAC, and other related rules as may be required.
WSR 17-17-172
Filed 8/23/2017
 
 
 
Chapter 388-826 WAC
The department is proposing to amend "Voluntary Placement Program" and other related rules as may be required.
WSR 17-21-101
Filed 10/18/2017
WSR 18-12-108
Filed 6/6/2018
 
 
388-823-0025, 388-823-0050
The department is planning to amend "Who can apply for DDA eligibility determination?," "For DDA eligibility, who is considered to be a resident of the state of Washington?," and other related rules as may be required.
WSR 17-23-160
Filed 11/21/2017
WSR 18-12-110
Filed 6/6/2018
WSR 18-03-138
Filed 1/22/2018
 
 
388-829-0005
The department is planning to amend "Who do the training requirements in this chapter apply to?" and other related rules as may be required to add CCandS providers and children's state-operated living alternative providers to the scope of chapter 388-829 WAC.
WSR 18-05-082
Filed 2/20/2018
WSR 18-13-070
Filed 6/15/2018
 
 
Chapter 388-828 WAC
The department is considering amending WAC 388-828-4200, 388-828-4220, 388-828-4240, 388-828-4260, 388-828-4280, 388-828-4300, 388-828-4320, 388-828-4360, 388-828-4380, 388-828-4400, 388-828-5700, 388-828-5800, 388-828-5900, and other related rules as may be required to align DDA's current supports intensity scale (SIS) with the American Association on Intellectual and Developmental Disabilities' (AAIDD) latest version of the Supports Intensity Scale – Adult Version (SIS–A).
WSR 18-09-027
Filed 4/11/2018
WSR 18-12-065
Filed 6/1/2018
 
 
Chapter 388-101D WAC
The department is planning to amend "Requirements for providers of residential services and support" and other related rules as may be required to create new sections regarding group training homes.
WSR 18-09-084
Filed 4/17/2018
 
 
 
Chapter 388-828 WAC
The department is planning to amend WAC 388-828-9310, 388-828-9330, 388-828-9335, 388-828-9350, 388-845-2100, and other related rules as may be required to align with waiver requirements, initiate a petition for rule making, and align with improvements to the CARE system.
WSR 18-11-117
Filed 5/22/2018
 
 
Economic Services Administration
Community Services Division
 
388-442-0010
The department is proposing to amend "Am I eligible for benefits if I am fleeing from the law or breaking a condition for parole or probation?" and other related rules as may be required to conform to a recent amendment to the federal regulation regarding who is considered a fleeing felon.
WSR 17-14-109
Filed 7/5/2017
 
 
 
388-492-0070
The department may propose to amend "How are my WASHCAP food benefits calculated?" and other related rules as may be required to ensure that the Washington Combined Application Project (WASHCAP) remains cost neutral with Supplemental Nutrition Assistance Program (SNAP) benefits provided under the Washington basic food program.
WSR 18-05-077
Filed 2/20/2018
 
 
 
388-412-0015, 388-450-0185, 388-450-0190, 388-450-0195, 388-478-0060
The department is planning to amend WAC 388-412-0015, 388-450-0185, 388-450-0190, 388-450-0195, 388-478-0060, and other related rules as may be required in order to implement annual adjustments to standards for the Washington basic food program and WASHCAP.
WSR 18-05-078
Filed 2/20/2018
 
 
 
388-412-0040
The department is planning to amend "Can I get my benefits replaced?" and other related rules as may be required to describe the department's adoption of federal optional regulations requiring the withholding of replacement electronic benefit transfer cards when a recipient requests an excessive number of replacement cards.
WSR 18-06-103
Filed 3/7/2018
 
 
 
388-400-0060, 388-400-0070, 388-447-0001, 388-447-0060, 388-447-0070
The department is amending WAC 388-400-0060, 388-400-0070, 388-447-0001, 388-447-0040, and 388-447-0060 to comply with changes mandated by ESHB 2667 (2018 legislative session). These amendments expand eligibility criteria for a referral to the housing and essential needs (HEN) program and clarify the eligibility process to support this change.
WSR 18-07-056
Filed 3/15/2018
WSR 18-13-080
Filed 6/15/2018
WSR 18-15-029
Filed 7/11/2018
WSR 18-07-048
Filed 3/14/2018
 
388-446-0015
The department is planning to amend "What is an intentional program violation (IPV) and administrative disqualification hearings (ADH) for food assistance," and other related rules as may be required.
WSR 18-08-004
Filed 3/22/2018
WSR 18-13-079
Filed 6/15/2018
 
 
388-482-0005
The department is planning to amend "How does being a student of higher education impact my eligibility for the Washington basic food program?" and other related rules as may be required to align with federal regulations allowing the department to average monthly employment hours for students of higher education for basic food eligibility.
WSR 18-11-067
Filed 5/15/2018
 
 
 
388-478-0015
The department is proposing to amend "need standards for cash assistance" and other related rules as may be required.
WSR 18-15-020
Filed 7/10/2018
 
 
 
388-478-0055
The department is planning to amend "How much do I get from my state supplemental payments (SSP)?" and other related rules as may be required.
WSR 18-15-045
Filed 7/13/2018
 
 
 
388-418-0005, 388-470-0005, 388-470-0070
The department is planning to amend "How will I know what changes to report?," "How do resources affect my eligibility for cash assistance and basic food?," "How vehicles are counted toward the resource limit for cash assistance," and other related rules as may be required to comply with chapter 40, Laws of 2018 to increase resource limits used to determine cash assistance eligibility to $6,000 and the vehicle equity limit to $10,000.
WSR 18-15-096
Filed 7/18/2018
 
 
Division of Child Support
 
Chapter 388-14A WAC
The department is planning to amend sections dealing with the establishment of administrative child support orders including WAC 388-14A-3115 The notice and finding of financial responsibility is used to set child support when paternity is not at issue, 388-14A-3140 What can happen at a hearing on a support establishment notice?, and other related rules as may be required.
WSR 18-07-077
Filed 3/19/2018
 
 
 
Chapter 388-14A WAC
The department is planning to amend several existing sections and possibly to adopt new sections as may be required to implement Part I (SSB 6334, chapter 150, Laws of 2018).
WSR 18-12-098
Filed 6/5/2018
 
WSR 18-13-011
Filed 6/7/2018
Executive
Division of Vocational Rehabilitation
No rule making at this time
 
 
 
 
 
Services and Enterprise Support Administration
No rule making at this time
 
 
 
 
 
Katherine Vasquez
Rules Coordinator