WSR 25-16-060
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed July 31, 2025, 12:42 p.m.]
Following is the department of social and health services (department) semi-annual rule-making agenda for July 1 - December 31, 2025. 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/office-of-the-secretary/dshs-semi-annual-rule-making-agenda.
This report represents department rules under development at this time. There may be additional rule-making activity as the department responds to legislative actions, to comply with federal mandates, or to meet unforeseen circumstances.
Semi-Annual Rule-Making Agenda
July 1 - December 31, 2025
WAC
Sections
Purpose for Rule Making
CR-101
Filings
CR-102
Filings
CR-103E
Filings
Home and Community Living Administration
Developmental Disabilities Community Services(DDCS)
388-825-058,
388-825-082,
388-825-083,
388-828-9000,
388-828-9140, chapter 388-832,
388-845-0220,
388-845-0500,
388-845-0505,
388-845-0510,
388-845-2010
DDCS is amending rules from these chapters to update lists of available services, their names, descriptions, limits, and qualified providers, and to increase the individual and family service award amounts.
WSR: 24-02-034
Filed: 12/26/2023
WSR: 24-21-043
Filed: 10/8/2024
 
Chapter 388-848
WAC 388-848-0010 through 388-848-0260; DDCS is adopting new sections of rule on an emergency basis to implement E2SSB 5440 (2023), which directs the department to develop a process for connecting individuals who have been found not competent to stand trial due to an intellectual or developmental disability to available wraparound services and supports in community-based settings.
WSR: 24-07-045
Filed: 3/14/2024
 
WSR: 25-14-031
Filed: 6/24/2025
WSR: 25-08-040
Filed: 3/27/2025
WSR: 24-24-092
Filed: 12/3/2024
WSR: 24-17-026
Filed: 8/12/2024
WSR: 24-15-010
Filed: 7/8/2024
WSR: 24-07-044
Filed: 3/13/2024
Chapter 388-845
WAC 388-845-0113, 388-845-0210, 388-845-0215, 388-845-0220, 388-845-0225, 388-845-0230, 388-845-0820, 388-845-1150, 388-845-1870, 388-845-1880, 388-845-1890, 388-845-2005, 388-845-2205, and 388-845-2210; DDCS is enacting these changes on an emergency basis to implement changes to DDCS's home and community-based services (HCBS) waivers as approved by the Centers for Medicare and Medicaid Services.
WSR: 25-05-034
Filed: 2/11/2025
 
WSR: 25-12-116
Filed: 6/4/2025
WSR: 25-05-020
Filed: 2/7/2025
388-833-0017,
388-833-0019
To establish a connection with the new certification chapter under development at DDCS and other related rules as may be required.
WSR: 25-09-021
Filed: 4/7/2025
WSR: 25-13-019
Filed: 6/6/2025
 
Chapter 388-845
Chapter 388-845 WAC and other related rules as may be required. Specifically, WAC 388-845-0900, 388-845-0910, and 388-845-2143.
WSR: 25-14-032
Filed: 6/24/2025
 
 
388-825A-0040
Amending: How does an existing children's residential habilitation services, intensive habilitation services, or enhanced respite services provider obtain certification? Removing "[enter effective date of chapter]" and changing to "July 1, 2025."
 
CR-105
WSR: 25-15-105
Filed: 7/17/2025
 
Home and Community Services Division
388-112A-0118
What documentation is required for completion of each training?, related to documentation of facility orientation.
WSR: 24-03-107
Filed: 1/18/2024
 
 
388-106-0010,
388-106-0090
The department is planning to amend "What definitions apply to this chapter?," "How does the CARE tool measure cognitive performance?," and other related rules as may be required.
WSR: 24-13-075
Filed: 6/17/2024
 
 
New chapter 388-05B
Electronic visit verification system requirements, and other related rules as may be required.
WSR: 24-18-008
Filed: 8/22/2024
 
 
388-112A-0010,
388-112A-0600,
388-71-0836,
388-71-0985
The department is planning to amend WAC 388-71-0985 and 388-112A-0600. These sections are titled continuing education and what topics may be covered in continuing education? The purpose of these changes includes clarification, updating acceptable reasons for repeating continuing education courses, and other related rules as may be required. WAC 388-71-0836 and 388-112A-0010 were added at the CR-102 level.
WSR: 24-23-007
Filed: 11/7/2024
WSR: 25-12-059
Filed: 5/29/2025
 
388-106-1700,
388-106-1705,
388-106-1720,
388-106-1740,
388-106-1750,
388-106-1760
The department is considering amendments to these and other related rules as appropriate. These rules are related to supportive housing programs that have been updated through an administrative process. They also need to be updated in WAC. Other necessary changes and corrections related to grammar, numerical representation, consistency, and inclusive language may also be included.
WSR: 25-04-110
Filed: 2/4/2025
WSR: 25-15-076
Filed: 7/15/2025
 
388-106-0274
Are there limits to the assistive technology I may receive? Subsection (1)(c) Subscriptions, data plan charges, and ongoing recurring fees, and other related rules as may be needed.
WSR: 25-08-030
Filed: 3/26/2025
WSR: 25-15-074
Filed: 7/15/2025
 
New chapter 388-106H
The department is considering creation of health related social needs (HRSN), and other related rules as required. These rules are related to HRSN services specified in Section 15.7 of the special terms and conditions of the Washington state Section 1115 medicaid demonstration waiver. During the course of this rule making, other related rules may be amended as necessary. This may include additional changes required to improve clarity or update policy.
WSR: 25-13-107
Filed: 6/18/2025
 
 
New 388-71-0897,
388-71-0899
Amending
388-71-0503,
388-71-0523,
388-71-0548,
388-71-0836,
388-71-0860,
388-71-0880,
388-71-0888,
388-71-0971,
388-71-0977, 388-71-1001
The department is planning to create "Who must compete the 21-hour basic training and by when must it be completed?" and "What is the 21-hour training?," based on ESHB 1142 (chapter 18, Laws of 2025). Additionally, the department is planning to amend chapter 388-71 WAC. Other changes necessary for implementation of ESHB 1142; changes and corrections related to numerical representation, consistency, and inclusive language may also be included. Other related rules may be amended as needed.
WSR: 25-14-066
Filed: 6/27/2025
 
 
Management Services Division
388-96-738
What default case mix group and weight must the department use for case mix grouping when there is no minimum data set resident assessment for a nursing facility resident?, and other related sections as necessary.
WSR: 24-14-072
Filed: 6/28/2024
 
 
388-96-809
Change of ownership—Final reports—Settlement securities, and other related rules as may be necessary.
WSR: 24-20-126
Filed: 10/1/2024
 
 
Residential Care Services Division
Chapter 388-97
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
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
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
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
 
 
388-97-0920,
388-97-1915,
388-97-1975
The department temporarily amended WAC 388-97-0120, 388-97-1000, 388-97-1020, 388-97-1915, and 388-97-1975 and temporarily repealed WAC 388-97-0920 to assure nursing homes were not significantly impeded from admitting and caring for residents during the COVID-19 outbreak.
WSR: 21-11-062
Filed: 5/14/2021
WSR: 20-17-005
Filed: 8/5/2020
 
WSR: 23-03-048
Filed: 1/10/2023
WSR: 22-19-023
Filed: 9/13/2022
WSR: 22-11-078
Filed: 5/17/2022
WSR: 22-09-014
Filed: 4/11/2022
WSR: 22-01-166
Filed: 12/16/2021
WSR: 21-18-065
Filed: 8/26/2021
WSR: 21-11-018
Filed: 5/10/2021
WSR: 21-08-055
Filed: 4/5/2021
WSR: 21-01-035
Filed: 12/7/2020
WSR: 20-17-048
Filed: 8/11/2020
WSR: 20-09-074
Filed: 4/13/2020
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
 
 
388-97-0140
The department is amending amendments 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 continued to require more rapid transfers and discharges than the rule permits. This emergency rule waived the requirement for nursing homes to suspend transfers and discharges pending the outcome of a resident appeal hearing, and improved resident safety by allowing faster grouping of COVID-19 positive residents in one facility or grouping asymptomatic residents together. This helped expedite infection control processes and maximize the availability of nursing home beds. Also, WAC 388-97-0120 and 388-97-0130 added after SHS version .1.
WSR: 22-08-060
Filed: 4/4/2022
 
WSR: 23-07-108
Filed: 3/20/2023
WSR: 22-23-155
Filed: 11/22/2022
WSR: 22-16-063
Filed: 7/29/2022
WSR: 22-08-062
Filed: 4/4/2022
WSR: 22-01-072
Filed: 12/10/2021
WSR: 21-24-069
Filed: 11/30/2021
Chapters 388-76, 388-78A, 388-97, 388-107
The department is considering amendments 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
The department is considering amendments to implement specific sections to SHB 1218. The department may amend other related rules as necessary to meet the legislative intent of SHB 1218. Amendments add requirements related to facility communication system, resident access to communications, and facility responsiveness to outside communications. Comprehensive disaster preparedness plans, 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
WSR: 25-10-071
Filed: 5/5/2025
 
Chapters 388-76, 388-78A, 388-97, 388-107
The department is considering adding new sections, repealing, and amending existing sections in "Adult family home minimum licensing requirements," "Assisted living facility licensing rules," "Nursing homes," "Licensing requirements for enhanced services facilities," and other related rules as may be required.
WSR: 23-21-034
Filed: 10/6/2023
 
 
Chapters 388-76, 388-78A, 388-107
The department is considering amending the following rules, adding new sections, and amending other sections as needed: Adult family home (AFH) minimum licensing requirements; assisted living facility (ALF) licensing rules; and licensing requirements for enhanced services facilities (ESF). This proposal refiles the project previously filed as WSR 24-18-013 to clarify the scope of rule making. Amendments and new sections will address the need for a legally enforceable agreement between the operators of AFH, ESF, and ALF and residents in those settings whose care is paid through medicaid. Requirements for these agreements include the need to outline resident rights that include resident eviction processes and appeals related to transfer and discharge. This rule making is needed to comply with federal regulations 42 C.F.R. §§ 441.530 (a)(1)(vi)(A) and 441.301 (c)(4)(vi)(A). This rule making will include other related rules as may be required.
WSR: 24-22-123
Filed: 11/5/2024
WSR: 25-11-012
Filed: 5/8/2025
 
Chapters 388-76, 388-78A, 388-97, 388-107
The department is considering amending and adding new sections to the following chapters and associated sections: AFH minimum licensing requirements: WAC 388-76-10000 Definitions, 388-76-10164 Background checks—Results—Duty to inform, and 388-76-10161 Background checks—Who is required to have. Assisted living facility licensing rules: WAC 388-78A-2020 Definitions, 388-78A-2465 Background check—Results—Inform, and 388-78A-2462 Background checks—Who is required to have. Nursing homes: WAC 388-97-0001 Definitions, Background check—Results—Inform, and 388-97-1800 Criminal history disclosure and background inquiries. Licensing requirements for enhanced services facilities: WAC 388-107-0001 Definitions, 388-107-1210 Background checks—Who is required to have, and 388-107-1240 Background check—Results—Inform. This rule making may result in adopting new sections of rule. As needed, amendments will also make changes required to improve clarity, update policy, or better align rule language with state and federal law or regulations. Updates to other related rules may be required.
WSR: 25-11-052
Filed: 5/15/2025
 
 
Chapter 388-78A
The department is considering amending sections in "Assisted living facility licensing rules" related to E2SSB 5337, chapter 187, Laws of 2025, Assisted living facilitiesMemory care services. This rule making may result in adopting new sections of rule. The department may amend other related rules as necessary.
WSR: 25-12-025
Filed: 5/27/2025
 
 
Chapter 388-76
The department is considering amending WAC 388-76-10045 Licensing—Certain state employees and employee household members—Prohibited, 388-76-10120 License—Must be denied, 388-76-10125 License—May be denied, 388-76-10315 Resident recordRequired, 388-76-10320 Resident recordContent, 388-76-10715 DoorsAbility to open, 388-76-10895 Emergency evacuation drills—Frequency and participation, and 388-76-10930 Plan of correction (POC)—Required. This rule making may result in adopting new sections of rule and repealing existing sections of rule. Updates to other related rules may be required. As needed, amendments will also make changes required to improve clarity, update policy, or better align rule language with state and federal law or regulations.
WSR: 25-14-041
Filed: 6/25/2025
 
 
388-76-10440,
388-76-10450,
388-78A-2320,
388-78A-2250,
388-107-0320,
388-97-3780,
388-97-1300,
388-76-10450,
388-78A-2032
The department is seeking to correct references to repealed pharmacy codes in chapter 246-865 WAC, Pharmaceutical services—Extended care facility; and chapter 246-888 WAC, Medication assistance, in: Adult family homes: "Medication—Assessment—Identification of amount of assistance needed when taking medications" and "Medication—Self-administration with assistance." Assisted living facilities: "Intermittent nursing services systems" and "Alteration of medications." Enhanced services facilities: "Medication services." Nursing homes: "Pharmacies in new construction" and "Pharmacy services." The department is considering amending Medication—Self-administration with assistance, assisted living facility license not required; and other related rules as may be required to implement SHB 1720 (chapter 26, Laws of 2025).
WSR: 25-14-078
Filed: 6/30/2025
 
 
WA Cares Division
New chapter in Title 388
The department is creating a new chapter for the long-term services and supports trust program (WA Cares). This rule making will address appeals of department decisions by beneficiaries, and other related rules as appropriate.
WSR: 25-04-062
Filed: 1/30/2025
 
 
New chapter in Title 388
The department is creating rules a new chapter in Title 388 WAC for WA Cares. This rule making will address notifications to beneficiaries of department decisions, and other related rules as appropriate.
WSR: 25-04-063
Filed: 1/30/2025
 
 
New chapter in Title 388
The department is creating a new chapter in Title 388 WAC for WA Cares. This rule making will address appeals of department decisions by providers, and other related rules as appropriate.
WSR: 25-04-064
Filed: 1/30/2025
 
 
New chapter in Title 388
The department is creating a new chapter in Title 388 WAC for WA Cares. The rule making will address maximum rates for approved services provided by registered providers, and other related rules as appropriate.
WSR: 25-04-065
Filed: 1/30/2025
 
 
New chapter in Title 388
The department is creating a new chapter in Title 388 WAC for WA Cares. The rule making will address reimbursements to beneficiaries for approved services permitted to be paid privately and reimbursed by the trust, and other related rules as appropriate.
WSR: 25-04-066
Filed: 1/30/2025
 
 
New chapter in Title 388
The department is creating a new chapter in Title 388 WAC for WA Cares. This rule making will address notifications to providers of department decisions, and other related rules as appropriate.
WSR: 25-04-068
Filed: 1/31/2025
 
 
New rules in Title 388
The department is creating rules for WA Cares. The rule making will address eligible relative care, which will be the third option for qualified family members to receive payment for personal care services, and other related rules as appropriate.
WSR: 25-08-051
Filed: 3/28/2025
 
 
388-116-1000,
388-116-1010,
388-116-2010,
388-116-2020,
388-116-3010,
388-116-3020,
388-116-3030,
388-116-3040,
388-116-3050,
388-116-3060,
388-116-3070
New WAC 388-116-1000, 388-116-1010, 388-116-2010, 388-116-2020, 388-116-3010, 388-116-3020, 388-116-3030, 388-116-3040, 388-116-3050, 388-116-3060, and 388-116-3070, combined at the CR-102 stage.
WSR:
24-04-030,
24-04-031,
24-04-032,
24-04-033
WSR: 25-13-096
Filed: 6/17/2025
 
Behavioral Health Administration
388-878-0010,
388-878-0020,
388-878-0030,
388-878-0040,
388-878-0050,
388-878-0051,
388-878-0060,
388-878-0070,
388-878-0080,
388-878-0090
The department is planning to amend chapter 388-878 WAC to develop rules for a leave of absence, amend the procedures for program removal and program end, and update definitions. The department may add new rules or amend other related rules as may be required.
WSR: 22-21-057
Filed: 10/12/2022
WSR: 25-11-089
Filed: 5/21/2025
WSR: 25-05-047
Filed: 2/12/2025
WSR: 24-16-107
Filed: 8/2/2024
 
388-880-042,
388-880-043,
388-880-044,
388-880-045,
388-880-150,
388-880-151
Resident recordsPurposes (amend), Resident recordsLocation and custody (amend), Resident recordsAccess (amend), Resident recordsRetention (repeal), Requests for public disclosure (amend), Requests for resident medical information (amend), and possible other related sections in chapter 388-880 WAC as may be required.
WSR: 24-19-053
Filed: 9/12/2024
 
 
388-825-091,
388-825-093,
388-825-094
In the 2025 legislative session, the legislature passed SSB 5393, closing Rainier School by June 30, 2027. This legislation directs that the department will not permit "any new long-term admissions" to Rainier School as of July 27, 2025, and no new admissions as of June 30, 2027, except those clients who have return rights as defined in the bill. These rules are necessary to set standard definitions and implement the legislation.
WSR: 25-15-137
Filed: 7/22/2025
 
WSR: 25-15-131
Filed: 7/22/2025
Economic Services Administration
Community Services Division
388-400-0060,
388-400-0070,
388-449-0200,
388-449-0210,
388-474-0020
The department is planning to amend the following WAC sections: "Who is eligible for aged, blind, or disabled (ABD) cash assistance?," "Who is eligible for referral to the housing and essential needs (HEN) program?," "Am I eligible for cash assistance for aged, blind, or disabled (ABD) while waiting for supplemental security income (SSI)?," "What is interim assistance and how do I assign it to the department?," "What can an aged, blind, or disabled (ABD) cash assistance client expect when supplemental security income (SSI) benefits begin?," and other related rules as may be required.
WSR: 25-01-079
Filed: 12/13/2024
 
 
388-450-0070
The department is planning to amend WAC 388-450-0070 When do we count a child's income? and other rules as may be required.
WSR: 25-02-023
Filed: 12/18/2024
WSR: 25-15-098
Filed: 7/16/2025
 
388-487-0010,
388-487-0020,
388-487-0030
The department is planning amendments to the following WAC sections: "What is the sun bucks program?," "Is my child eligible for sun bucks?," "General information about sun bucks benefits," and other related rules as may be needed.
WSR: 25-08-053
Filed: 3/28/2025
 
WSR: 25-12-077
Filed: 5/30/2025
388-400-0030,
388-466-0120
Effective May 5, 2025, the department is adopting emergency amendments to the following WAC sections: "Who is eligible for refugee cash assistance?" and "Refugee cash assistance (RCA)." These amendments are necessary to modify the eligibility period for refugee cash assistance as determined by the U.S. Office of Refugee Resettlement pursuant to 45 C.F.R. § 400.211 and F.R., Office of Refugee Resettlement; Notice of Change of Eligibility.
WSR: 25-10-072
Filed: 5/5/2025
WSR: 25-15-111
Filed: 7/18/2025
WSR: 25-10-065
Filed: 5/2/2025
388-410-0005
The department is planning to amend "Cash assistance overpayment amount and liability," and other related rules as may be required.
WSR: 25-12-008
Filed: 5/21/2025
 
WSR: 25-14-064
Filed: 6/27/2025
388-400-0065
The department is planning to amend "Housing and essential needs (HEN)," and other related rules as may be required.
WSR: 25-12-104
Filed: 6/4/2025
 
 
388-482-0005
The department is planning to amend "How does being a student of higher education affect my eligibility for the Washington basic food program?" and other related rules as may be required.
WSR: 25-12-119
Filed: 6/4/2025
 
 
388-412-0040
The department is planning to amend "Can I get my benefits replaced?" and other related rules as may be required.
WSR: 25-14-062
Filed: 6/26/2025
 
 
Division of Child Support (DCS)
388-14A-1020,
388-14A-4630
DCS is proposing to amend or add new sections in chapter 388-14A WAC to implement HB 1262 as enacted during the 2023 legislative session (chapter 248, Laws of 2023). HB 1262 establishes a requirement that employers report lump sum payments over $500 if there is an income withholding order in place for the paying parent that includes child support arrears. This gives DCS time to send an income withholding order to collect from the lump sum payment and apply the funds to unpaid child support debts, and other related rules as may be necessary.
WSR: 25-09-060
Filed: 4/14/2025
WSR: 25-13-065
Filed: 6/13/2025
 
Chapter 388-14A
DCS proposes to amend sections to implement section 1 of ESB 1014 (chapter 272, Laws of 2025) as enacted during the 2025 legislative session and other related rules as may be necessary. Section 1 of EHB 1014 amends RCW 26.19.065 to increase the self-support reserve from 125 percent of the one-person federal poverty guideline to 180 percent. Section 1 also clarifies that although each child is entitled to a pro rata share of income available for support, the court only applies the pro rata share to the children in the case before the court.
WSR: 25-11-067
Filed: 5/19/2025
 
 
Executive
Office of the Secretary
388-02-0217
The department is considering amending "When do ALJs conduct the hearing and enter the hearing decision as an initial order or a final order?" and other related rules as may be required to clarify the general hearing rules of the board of appeals at the department. During this rule making, the department may make additional changes that are necessary to improve clarity.
WSR: 24-14-118
Filed: 7/2/2024
 
 
388-02-0015,
388-02-0025,
388-02-0030,
388-02-0130,
388-02-0135,
388-02-0140,
388-02-0200,
388-02-0218,
388-02-0220,
388-02-0245
Department hearing rules amendments and housekeeping updates. The purpose of these housekeeping changes is to update addresses, phone numbers, and other changed or obsolete language.
 
CR-105
WSR: 25-09-042
Filed: 4/9/2025
 
Katherine I. Vasquez
Rules Coordinator