Chapters 388-112A and 388-71 WAC

The department is planning to reconcile the differences in the training section language, update language related to new technologies, and update language related to inclusivity. The department may amend other related rules as required.

WSR 22-03-046

Filed 1/13/2022

 

 

 

388-106-1400, 388-106-1405, 388-106-1422, 388-106-1455, 388-106-1458, 388-106-1475

The department is planning to amend new freedom waiver WAC 388-106-1400 through 388-106-1480.

WSR 22-03-090

Filed 1/18/2022

WSR 22-14-059

Filed 6/29/2022

 

 

388-113-0010, 388-113-0020, 388-113-0025, 388-71-0503, 388-71-0510, 388-71-0511, 388-71-0513, 388-71-0520, 388-71-0523

The department is planning to repeal and amend sections of chapter 388-71 WAC, Home and community services and programs; and chapter 388-113 WAC, Disqualifying crimes and negative actions.

WSR 22-06-011

Filed 2/18/2022

WSR 22-14-039

Filed 6/27/2022

 

 

388-06-0030, 388-06-0500, 388-06-0510, 388-06-0520, 388-06-0525, 388-06-0530, 388-06-0535, 388-06-0540, 388-06-0550

The department was granted rule-making authority in SHB 1120 and is proposing rules to reinstate the fingerprinting requirement for providers that was temporarily suspended by the governor's proclamation due to the public health emergency. The proposal also amends other rules in chapter 388-06 WAC to ensure they are consistent with one another and do not conflict with current background check rules in chapter 388-113 WAC.

WSR 22-07-064

Filed 3/17/2022

 

WSR 22-14-038

Filed 6/27/2022

 

Chapter 388-106 WAC

The department is considering amending sections in long-term care services, specifically the rules related to the TCARE assessment tool. WAC 388-106-1915 (3)(ii) to amend qualifications for TCARE assessment, 388-106-1921 to indicate changes made to TCARE screening and assessment process, 388-106-1931 to modify the TCARE screening measures, 388-106-1932 to indicate changes in the screening scores due to the changed screening measures, and 388-106-1933 to indicate changes made to the get care screening questions and scores for step three services. Other rules or WAC sections that arise during this rule making may be incorporated.

WSR 22-08-070

Filed 4/4/2022

WSR 22-15-025

Filed 7/12/2022

 

 

388-106-0010,

388-106-0130

The department is considering amending What definitions apply to this chapter?; How does the department determine the number of hours I may receive for in-home care?; and other related rules as required.

WSR 22-12-084

Filed 5/31/2022

 

 

 

388-71-0503,

388-71-0500 through

388-71-05640,

388-106-0010,

388-106-0060,

388-115-0516

The department is planning to amend rules to support the passage of the SB 5866, an act relating to medicaid long-term services and supports eligibility determinations being completed by federally recognized Indian tribes. Amendments to the following: What definitions apply to this chapter?; Who must perform the assessment?; What are the responsibilities of the consumer directed employer when providing care to a client?; and other related rules as required.

WSR 22-13-116

Filed 6/16/2022

 

 

 

Chapter

388-112B WAC

During the 2017 legislative session, HB 1548 was codified as RCW 74.39A.080, resulting in the department considering adding a new chapter relating to curricula for persons in long-term care facilities with behavioral health needs. The department may amend other related rules as required.

WSR 22-14-034

Filed 6/27/2022

 

 

 

Chapter 388-96 WAC

The department intends to amend chapter 388-96 WAC regarding its nursing facility medicaid methodology to implement a low-wage worker wage equity funding and verification and other related rules as may be required.

WSR 22-13-097

Filed 6/14/2022

 

 

 

Chapter 388-78A WAC

The department is considering adding new sections and repealing and amending existing sections in Assisted living facility licensing rules, to consolidate the rules related to background checks, negative actions, and character, competence, and suitability determinations between home and community services (HCS), residential care services (RCS), and developmental disabilities administration (DDA).

WSR 18-17-159

Filed 8/21/2018

 

 

 

Chapter 388-97 WAC

The department is considering adding new sections and repealing and amending existing sections in Nursing homes, including WAC 388-97-1790, 388-97-1800, 388-97-1820, and other related rules as maybe required.

WSR 18-17-175

Filed 8/22/2018

 

 

 

Chapter 388-76 WAC

The department is considering adding new sections and repealing and amending existing sections in Adult family home minimum licensing requirements.

WSR 18-17-177

Filed 8/22/2018

 

 

 

Chapter 107 WAC

The department is considering adding new sections, repealing existing sections, and amending sections in Licensing requirements for enhanced services facilities.

WSR 18-17-178

Filed 8-22-2018

 

 

 

Chapter 388-97 WAC

The department is proposing to add new sections, repeal existing sections, and amend sections in Nursing homes, related to tuberculosis screening.

WSR 19-18-051

Filed 8/30/2019

 

 

 

Chapter 388-107 WAC

The department is planning to add new sections, repeal existing sections, and amend sections in Licensing requirements for enhanced services facilities, related to tuberculosis screening.

WSR 19-18-059

Filed 9/3/2019

 

 

 

Chapter 388-76 WAC

The department is planning to add new sections, repeal existing sections, and amend sections in Adult family home minimum licensing requirements, related to tuberculosis screening.

WSR 19-18-061

Filed 9/3/2019

 

 

 

Chapter 388-78A WAC

The department is planning to add new sections, repeal existing sections, and amend sections in Assisted living facility licensing rules, related to tuberculosis screening.

WSR 19-18-062

Filed 9/3/2019

 

 

 

Chapter 388-76 WAC

The department is considering amending to incorporate ESHB 1023, 2020 regular session, into the rules.

WSR 20-08-110

Filed 3/31/2020

 

 

 

388-107-0460, 388-76-10265, 388-76-10285, 388-76-10290, 388-78A-2480, 388-78A-2484, 388-78A-2485

The department is temporarily repealing or amending rules to ensure long-term care programs are not significantly impeded during the hiring process due to inability to access the tuberculosis (TB) testing required as a part of the hiring process. *COVID-19*

WSR 20-16-069

Filed 7/29/2020

 

WSR 22-07-004

Filed 3/3/2022

 

388-97-0920, 388-97-1915, 388-97-1975

The department is amending and repealing rules to ensure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak.

WSR 21-11-062

Filed 5/14/2021

 

WSR 22-11-078

Filed 5/17/2022

 

388-97-1260

The department is amending rules to ensure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak. These amendments align state nursing home rules with federal rules that were suspended or amended to help facilitate care during the COVID-19 pandemic.

WSR 20-17-133

Filed 8/18/2020

 

WSR 22-07-038

Filed 3/14/2022

 

Chapter 388-107 WAC

The department is considering amending chapter 388-107 WAC and other related rules as may be required to implement SHB 2448 (chapter 278, Laws of 2020).

WSR 20-10-091

Filed 5/5/2020

 

 

 

Chapter 388-97 WAC

The department is amending rules in chapter 388-97 WAC to ensure nursing homes are not significantly impeded from admitting and caring for residents during the COVID-19 outbreak.

WSR 20-21-034

Filed 10/12/2020

 

WSR 22-11-088

Filed 5/18/2022

 

388-101-3130

The department is amending WAC 388-101-3130 to ensure certified community residential services and supports service providers are not significantly impeded from providing services and support to clients during the COVID-19 pandemic.

WSR 20-24-092

Filed 11/25/2020

 

WSR 22-14-076

Filed 6/30/2022

 

388-97-1380,

388-97-1580

The department is amending WAC 388-97-1380 and 388-97-1580 to ensure nursing homes are not obstructed from offering the COVID-19 vaccine to residents and staff because of clinical interference from required TB testing.

WSR 21-11-061

Filed 5/14/2021

 

WSR 21-18-064

Filed 8/26/2021

 

Chapter 388-97 WAC

The department is considering adding a new section in Nursing homes, and amending other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).

WSR 21-14-046

Filed 7/1/2021

 

 

 

388-97-1080,

388-97-1090

The department is considering amending Nursing services, Direct care hours, and other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).

WSR 21-14-049

Filed 7/1/2021

 

 

 

388-97-1660

The department is considering amending Staff and equipment and other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).

WSR 21-14-051

Filed 7/1/2021

 

 

 

Chapter 388-107 WAC

The department is considering adding a new section in Licensing requirements for enhanced services facilities and amending other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).

WSR 21-17-121

Filed 8/17/2021

 

 

 

Chapter 388-78A WAC

The department is considering adding a new section in Assisted living facility licensing rules and amending other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).

WSR 21-17-123

Filed 8/17/2021

 

 

 

Chapter 388-76 WAC

The department is considering adding a new section in adult family home minimum licensing requirements and amending other related rules as may be necessary to implement ESHB 1120 (chapter 203, Laws of 2021).

WSR 21-18-001

Filed 8/18/2021

 

 

 

388-97-0120,

388-97-0130,

388-97-0140

The department is amending to waive and suspend the requirement for nursing homes to suspend transfers and discharges pending the outcome of a resident appeal of the nursing home transfer or discharge decision. The COVID-19 pandemic continues to require more rapid transfers and discharges than the rule permits. This emergency rule waives the requirement for nursing homes to suspend transfers and discharges pending the outcome of a resident appeal hearing, and improves resident safety by allowing faster grouping of COVID-19 positive residents in one facility, or grouping asymptomatic residents together. This helps expedite infection control processes, and maximizes the availability of nursing home beds.

WSR 22-08-060

Filed 4/4/2022

 

WSR 22-08-062

Filed 4/4/2022

 

Chapters 388-76, 388-78A, 388-97, 388-107 WAC

The department is considering amending to implement specific sections to SHB 1218. The department may amend other related rules as necessary. The department is considering amending the rules to adopt requirements for providers to publicly post stop placement orders, adopt requirements for providers to create and maintain resident rosters as well as responding to requests from ombuds for roster information, incorporate new definition of resident representative, replace the phrase "his or her" with appropriate gender-neutral terms.

WSR 22-04-046

Filed 1/26/2022

 

 

 

Chapters 388-76, 388-78A, 388-97, 388-107 WAC

The department is considering amending to implement specific sections to SHB 1218. The department may amend other related rules as necessary to meet the legislative intent of SHB 1218. The amendments add requirements related to facility communication system, resident access to communications, and facility responsiveness to outside communications. Comprehensive disaster preparedness plans, and related policies and procedures, and equipment for a range of potential hazards, emergencies, and disasters. Visitation of essential support persons. Resident's rights to a safe and healthy environment.

WSR 22-04-047

Filed 1/26/2022

 

 

 

388-107-0080, 388-76-10350, 388-78A-2100

Because of the ongoing COVID-19 public health emergency, on January 18, 2022, home and community services (HCS) temporarily suspended conducting ongoing assessments for HCS clients living in adult family homes, assisted living facilities, and enhanced services facilities. The intent of this suspension is to allow HCS staff to focus on conducting assessments in hospitals, which will facilitate their discharge to long-term care facilities and improve the current surge capacity in hospitals. This emergency rule suspends the regulatory requirement for these facilities to complete assessments for HCS clients while the HCS assessors are not available. The Centers for Medicare and Medicaid Services (CMS) approved this flexibility for medicaid beneficiaries needing specific long-term care services and supports whose assessments meet the requirements under 42 C.F.R. 441.720. The emergency rule will be effective retroactively to match the suspension effective date by HCS.

WSR 22-13-121

Filed 6/17/2022

 

WSR 22-13-185

Filed 6/22/2022

 

388-76-10455

The department is amending to allow adult family home providers the authority to administer epinephrine to residents in their care who have an assessed condition requiring administration of epinephrine. When individuals with severe allergies causing anaphylaxis are prescribed epinephrine, the adult family home must be able to administer the medication to residents who require assistance. Current rule requires medication administration be performed by a "practitioner," by nurse delegation or by a family member or legally appointed resident representative. Adult family home providers do not meet the definition of "practitioner" and the task cannot be nurse-delegated. Due to the emergency nature of the medication, family, or others outside the adult family home cannot administer the medication timely.

WSR 22-11-023

Filed 5/10/2022

 

WSR 22-11-020

Filed 5/10/2022

 

388-107-1421, 388-76-10912, 388-78A-3141, 388-97-4361

Combined at the CR-102 stage using CR-101s from WSR 21-14-046, 21-17-121, 21-17-123, and 21-18-001; chapters 388-78, 388-78A, 388-97, and 388-107 WAC, inspection timelines.

 

WSR 22-13-122

Filed 6/17/2022

 

None at this time.

 

388-101D-0065; chapter 388-825 WAC;

388-845-2205, 388-845-1615

The department is planning to amend WAC 388-101D-0065, chapter 388-825 WAC, WAC 388-845-2205, 388-845-1615, and other related rules as may be required.

WSR 21-21-113

Filed 10/20/2021

 

 

 

388-101D-0200

WAC 388-101D-0200 and other related rules as may be required regarding suspending and terminating a client's residential services.

WSR 21-03-042

Filed 1/14/2021

 

 

 

388-101D-0030

DDA is amending WAC 388-101D-0030 to allow providers to hire a person without a high school diploma or GED.

WSR 21-24-062

Filed 11/29/2021

WSR 22-07-077

Filed 3/21/2022

WSR 22-15-010

Filed 7/19/2022

 

388-101D-0070

DDA is planning to amend WAC 388-101D-0070 to align it with 28 C.F.R. § 20.33(d). During this review, the department may make additional changes that are necessary to improve clarity or update policy.

WSR 22-01-024

Filed 12/3/2021

WSR 22-05-014

Filed 2/4/2022

 

 

388-828-9235, 388-828-9340, 388-828-9360, 388-845-1035, 388-845-2105

WAC 388-828-9235, 388-828-9340, 388-828-9360, 388-845-1035, 388-845-2105, and other related rules as may be required.

WSR 22-14-035

Filed 6/27/2022

 

 

 

388-439-0005, 388-439-0010, 388-439-0015, 388-439-0020, 388-439-0025

The department is adopting What is the pandemic EBT program?; Eligibility of pandemic EBT benefits for the 2020-2021 school year; and General information about pandemic EBT benefits.

WSR 21-23-108

Filed 11/17/2021

 

WSR 22-07-068

Filed 3/18/2022

 

388-412-0046

The department is proposing to amend What is the purpose of DSHS cash and food assistance benefits and how can I use my benefits?; and other related rules as appropriate.

WSR 21-14-116

Filed 7/7/2021

WSR 22-09-055

Filed 4/18/2022

 

 

388-464-0001

The department is planning to amend Am I required to cooperate with quality assurance?; and other related rules as may be required.

WSR 21-19-117

Filed 9/20/2021

 

 

 

388-310-0350

The department is planning to amend WAC 388-310-0350, WorkFirst—Other exemptions from mandatory participation; and other related rules as may be required.

WSR 21-21-107

Filed 10/20/2021

WSR 22-09-075

Filed 4/19/2022

 

 

388-434-0015

The department is adopting Waiver of mid-certification reviews during the COVID-19 pandemic, to implement administrative flexibilities regarding mid-certification reviews as allowed under Families First Coronavirus Response Act (H.R. 6201), extended via the Continuing Appropriations Act (H.R. 8337).

WSR 22-10-008

Filed 4/22/2022

 

WSR 22-10-038

Filed 4/27/2022

 

388-478-0033

What are the payment standards for aged, blind, or disabled (ABD) cash assistance?; and other related rules as may be required.

WSR 22-08-069

Filed 4/4/2022

WSR 22-12-040

Filed 5/25/2022

 

 

388-493-0010

Working family support, and other related rules as may be required.

 

CR-105

WSR 22-09-033

Filed 4/12/2022

 

 

388-310-1450

Pregnancy to employment; and other related rules as may be required.

WSR 22-09-052

Filed 4/15/2022

 

 

 

388-436-0050, 388-478-0005

The department is planning to amend Determining financial need and benefit amount for CEAP; Cash assistance need and payment standards and grant maximum; and other related rules as may be required.

WSR 22-09-072

Filed 4/19/2022

WSR 22-13-181

Filed 6/22/2022

WSR 22-14-046

Filed 6/28/2022

 

388-310-0800

The department is planning to amend WorkFirst—Support services; and other related rules as may be required.

WSR 22-11-082

Filed 5/17/2022

 

WSR 22-14-058

Filed 6/29/2022

 

388-400-0060, 388-418-0011, 388-447-0130, 388-449-0230

The department is planning to amend What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?; What referral to the housing and essential needs (HEN) program rules may the department implement during a state of emergency?; What aged, blind, or disabled (ABD) program rules may the department implement during a state of emergency; Who is eligible for aged, blind, or disabled (ABD) cash assistance?; and other related rules as may be required.

WSR 22-11-083

Filed 5/17/2022

WSR 22-14-106

Filed 7/6/2022

WSR 22-13-171

Filed 6/22/2022

 

388-424-0015

The department is planning to amend Immigrant eligibility restrictions for the state family assistance, ABD cash, and PWA programs; and other related rules as may be required.

WSR 22-11-081

Filed 5/17/2022

 

 

 

388-400-0030, 388-466-0120, 388-466-0150

The department is amending Who is eligible for refugee cash assistance; Refugee cash assistance (RCA); and Refugee employment and training services; to align with 45 C.F.R. 400.211.

WSR 22-13-020

Filed 6/3/2022

 

WSR 22-13-013

Filed 6/2/2022

 

388-410-0020, 388-410-0030, 388-446-0015

The department is planning to amend What happens if I receive more basic food, FAP, or WASHCAP benefits than I am supposed to receive?; How does the department calculate and set up my basic food, FAP, or WASHCAP overpayment?; What is an intentional program violation (IPV) and administrative disqualification hearing (ADH) for basic food?; and other related rules as required.

WSR 22-13-019

Filed 6/3/2022

 

 

 

388-424-0001, 388-424-0020, 388-466-0005

The department is amending Citizenship and immigration status—Definitions; How does my alien status impact my eligibility for federally funded Basic Food benefits?; Immigration status requirements for refugee cash assistance; other related rules as needed. These amendments are necessary to align department policies with federal legislation and authorization from the office of refugee resettlement (ORR) expanding eligibility for federally-funded benefits to humanitarian parolee arrivals displaced from Ukraine.

WSR 22-14-025

Filed 6/24/2022

 

WSR 22-14-020

Filed 6/24/2022

 

388-454-0006

The department is planning to amend The department makes background checks on adults who are acting in place of a parent without court-ordered custody; and other related rules as may be required (In loco parentis).

WSR 22-14-027

Filed 6/24/2022

 

 

 

388-484-0006

The department is amending TANF/SFA time limit extensions. The amendments extend a time limit extension hardship category related to impacts of the COVID-19 pandemic (commonly known as the coronavirus) through June 30, 2023, as provided in the 2021-2023 supplemental operating budget (chapter 297, Laws of 2022); and implement a time limit extension hardship category related to the state's unemployment rate per HB 1755 (chapter 24, Laws of 2022).

WSR 22-14-060

Filed 6/29/2022

 

WSR 22-14-037

Filed 6/27/2022

 

388-424-0015

The department is amending Immigrant eligibility restrictions for the state family assistance, ABD cash, and PWA programs.

WSR 22-11-081

Filed 5/17/2022

 

WSR 22-14-047

Filed 6/28/2022

 

388-14A-3375

The division of child support (DCS) is proposing to amend What kinds of credits does the division of child support give when establishing or enforcing an administrative support order?

WSR 21-20-048

Filed 9/28/2021

 

 

 

388-14A-4300, 388-14A-4301, 388-14A-4302, 388-14A-4303, 388-14A-4304

DCS is proposing to amend to clarify applicable lookback periods and statutes of limitations for daycare expenses under In re the Marriage of Blackburn, 12 Wn.App.2d. 798, 460 P.3d 202 (2020). DCS is also considering changes regarding the circumstances in which a daycare overpayment hearing is applicable, various hearing procedures, and how notices are sent by DCS and the office of administrative hearings. Other related changes as necessary.

WSR 21-20-049

Filed 9/28/2021

WSR 22-15-057

Filed 7/18/2022

 

 

Chapter 388-14A WAC

DCS proposes to amend, adopt, or repeal as needed various sections to make the administrative support establishment process more efficient and user-friendly as we: (1) Implement ESSB 6037 (chapter 6, Laws of 2018, which adopted the 2017 version of the Uniform Parentage Act), and the technical corrections made to that bill by SSB 5333 (chapter 46, Laws of 2019); as well as (2) update terminology and to clarify and streamline the rules and procedures regarding parentage to conform with current state and federal laws.

WSR 22-15-050

Filed 7/15/2022

 

 

 

388-891A-0610, 388-891A-0890

Amendments remove references in WAC to post-employment services provided by DVR as being available to the customer post exit.

WSR 22-12-030

Filed 5/24/2022

 

WSR 22-11-034

Filed 5/11/2022

 

Chapter 388-01 WAC

Office of information governance—Organization, disclosure of public records, and other related rules as appropriate.

WSR 22-14-033

Filed 6/27/2022