WSR 26-04-083
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed January 29, 2026, 3:31 p.m.]
Following is the department of social and health services (department) semi-annual rule-making agenda for January 1 - June 30, 2026. 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
January 1 – June 30, 2026
Administration /Division
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)
 
388-101D 388-101-3000
DDCS is planning to amend rules to update and clarify administrative and program requirements. During the course of this review, the department may make additional changes that are necessary to improve clarity or update policy.
WSR 25-22-014
Filed 10/24/2025
 
 
 
388-101D-0065
388-101D-0070
388-101D-0075
388-101D-0080
388-825
388-829C-070
388-829R-030
The department is proposing to add new sections, repeal existing sections, and amend sections referencing background checks, and other related rules as may be required.
WSR 25-22-074
Filed 10/31/2025
 
 
 
388-101D-0485
388-101D-0490
Amending "Community protectionTreatment plan" and "Community protectionClient records." The department is revising this rule due to changes in what services may be provided under a 1915c waiver.
WSR 26-03-100
Filed 1/21/2026
 
WSR 26-03-087
Filed 1/20/2026
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
 
 
 
New 388-05B
Electronic visit verification system requirements, and other related rules as may be required.
WSR 24-18-008
Filed 8/22/2024
 
 
 
388-115-0510
388-115-0523
388-115-0540
388-71
To align WAC with the requirements of [E]SHB 1142. Specifically, legislation driven changes include replacing the phrase "individual provider" with long-term care (LTC) worker. This aligns basic training and home care aide certification rules across in home care provider employers, including home care agencies, the consumer directed employer, and the long-term services and supports trust (WA Cares) potential "third option" for "qualified family members." Further changes are being made to add new sections to chapter 388-71 WAC to explain what LTC providers are required to complete the spouse/domestic partner basic training, as well as defining what that training includes.
WSR 25-14-066
Filed 6/27/2025
WSR 26-02-034
Filed 12/30/2025
 
 
 
Also, being modified is the WAC language regarding when a LTC provider may be rehired, that family providers working for home care agencies are required annual continuing education, and how long the LTC worker may be allowed to achieve the department of health (DOH) home care aide certification. Further changes are made for housekeeping purposes and to correct other language and typographical errors in these sections.
 
 
 
 
388-06-0530
388-71-0511
388-113-0005
388-113-0060
388-113-0070
388-115-0511
The department is proposing to add new sections, repeal existing sections, and amend sections referencing background checks in WAC, and other related rules as may be required.
WSR 25-22-022
Filed 10/27/2025
388-06-0530, 388-71-0511, 388-113-0005, 388-113-0060, 388-113-0070,
388-115-0511
 
 
388-112A-0010
388-112A-0020
388-112A-0080
388-112A-0105
388-112A-0490
388-112A-0495
388-112A-0720
388-112A-1100
In response to ESSB 5200 (chapter 108, Laws of 2025), the department is planning to make amendments per the legislation. The department is planning to create WAC 388-112A-0055 What are the training and certification requirements for volunteers and long-term care workers in veterans' medical foster homes?, and 388-112A-0613 Who in a veterans' medical foster home is required to complete continuing education training each year, how many hours of continuing education are required, and when must they be completed? Other related rules as may be required.
WSR 26-01-004
Filed 12/3/2025
388-112A-0010, 388-112A-0020, 388-112A-0080, 388-112A-0105, 388-112A-0490, 388-112A-0495, 388-112A-0720, 388-112A-1100
 
 
388-112A-1292
The department is planning to amend What are the minimum qualifications for community instructors to teach expanded specialty trainings?
 
CR-105
WSR 25-17-082
Filed 8/19/2025
 
 
388-106-1800
388-106-1805
388-106-1810
388-106-1815
388-106-1820
The department is considering amending rules related to the long-term services and supports (LTSS) presumptive eligibility (PE) and other related rules as may be necessary. Other necessary changes and corrections related to grammar, numerical representation, consistency, and inclusive language may also be included. For the purposes of this rule making, this means LTSS. Nursing facility level of care, PE, which includes functional and financial assessments using the screening tool within CARE. *By the CR-102 stage, 388-106-1820 was not going forward.
WSR 25-20-008
Filed 9/18/2025
WSR 26-03-085
Filed 1/20/2026
 
 
388-106-0010
The department is planning to amend What definitions apply to this chapter?, to align with DOH statute and recently updated RCW 69.41.010 "Medication assistance" and other related rules as may be required.
WSR 26-01-113
Filed 12/16/2025
 
 
Management Services Division
 
388-96-809
Change of ownership—Final reportsSettlement securities, and other related rules as may be necessary.
WSR 24-20-126
Filed 10/1/2024
 
 
Office of the Assistant Secretary and Headquarters Units
 
388-106H
The department is considering creation of a new WAC chapter, 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
 
WSR 25-21-070
Filed 10/14/2025
Residential Care Services Division
 
388-97
The department is proposing to add new sections, repeal existing sections, and amend sections in "nursing homes" related to tuberculosis (TB) screening.
WSR 19-18-051
Filed 8/30/2019
 
 
 
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 TB screening.
WSR 19-18-059
Filed 9/3/2019
 
 
 
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 TB screening.
WSR 19-18-061
Filed 9/3/2019
 
 
 
388-78A
The department is planning to add new sections, repeal existing sections, and amend sections in "assisted living facility licensing rules" related to TB screening.
WSR 19-18-062
Filed 9/3/2019
 
 
 
388-76
388-78A
388-97
388-107
The department is considering amending [rules] to implement specific sections to SHB 1218. The department may amend other related rules as necessary and 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, and replace the phrase "his or her" with appropriate gender-neutral terms.
WSR 22-04-046
Filed 1/26/2022
WSR 25-24-032
Filed 11/25/2025
 
 
388-76
388-78A
388-97
388-107
The department is considering adding new, 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
 
 
 
388-76
388-76-10000
388-76-10164
388-76-10161
388-78A
388-78A-2020
388-78A-2465
388-78A-2462
388-97
388-97-0001
388-97-1800
388-107
388-107-0001
388-107-1210
The department is considering amending and adding new sections to the following chapters and associated sections: Adult family home minimum licensing requirements: Definitions, background checksResultsDuty to inform, and Background checksWho is required to have; Assisted living facility licensing rules: Definitions, Background checkResultsInform, and Background checks—Who is required to have; Nursing homes: Definitions, Background checkResultsInform, and Criminal history disclosure and background inquiries; Licensing requirements for enhanced services facilities: Definitions, Background checksWho is required to have, and Background checkResultsInform. 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
 
 
 
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
 
 
 
388-76
The department is considering amending the following sections in: LicensingCertain state employees and employee household membersProhibited, LicenseMust be denied, LicenseMay be denied, Resident recordRequired, Resident recordContent, DoorsAbility to open, Emergency evacuation drillsFrequency and participation, and 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 servicesExtended care facility and chapter 246-888 WAC, Medication assistance. Adult family homes: "MedicationAssessmentIdentification of amount of assistance needed when taking medications" and "MedicationSelf-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 MedicationSelf-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
 
 
 
388-97-1090
WAC 388-97-1090 Direct care hours. RCW 74.42.360 (2)(d)(vi): The department's authority to grant exceptions to the Washington state minimum direct care nursing 3.4 hours per resident day requirement expired on June 30, 2018. Rule making is being completed to repeal expired exception/waiver information.
 
CR-105
WSR 26-01-041
Filed 12/10/2025
 
 
388-97
The department is proposing amendments to: WAC 388-97-0120 Individual transfer and discharge rights and procedures, 388-97-0140 Transfer and discharge appeals for residents in medicare or medicaid certified facilities, 388-97-1915 Preadmission screening and resident review (PASRR) requirements prior to admission of new residents, and 388-97-1975 PASRR requirements after admission of a resident. Adding WAC 388-97-01201, 388-97-01401, 388-97-19151, and 388-97-19751 to identify requirements in place during the COVID-19 pandemic. This rule making combines WAC 388-97-16601 and remaining WAC sections from 388-97-13494.
WSR 25-14-066
Filed 6/27/2026
WSR 26-02-033
Filed 12/30/2025
 
 
388-107-0161
388-107-0281
388-76-10506
388-76-10617
388-78A-2651
388-78A-2661
This proposal corrects a typographical error in an email address and adds a physical address to the long-term care ombuds contact information in Written residency agreementResidents with medicaid as a payor, Resident rightsTransfer and discharge noticeResidents with medicaid as a payor, Written residency agreementResidents with medicaid as a payor, Resident rightsTransfer and discharge noticeResidents with medicaid as a payor, Written residency agreementResidents with medicaid as a payor, and Transfer and discharge noticeResidents with medicaid as a payor.
 
CR-105
WSR 26-02-042
Filed 1/2/2026
 
 
388-76
388-78A
388-101
388-107
The department is considering amending the following rules, adding new sections, and amending other sections as needed: Adult family home minimum licensing requirements, Assisted living facility licensing rules, Certified community residential services and supports, and Licensing requirements for enhanced services facilities. This rule making may result in amending current rules, 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 26-04-001
Filed 1/21/2026
 
 
WA Cares Division
 
New chapter in Title 388 WAC
The department is creating rules in a new chapter in Title 388 WAC for 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 WAC
The department is creating rules in 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 WAC
The department is creating rules in 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 WAC
The department is creating rules in 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 WAC
The department is creating rules in 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 WAC
The department is creating rules in 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
 
 
 
388-116-1010
388-116-3020
388-116-3030
388-116-3080
388-116-4030
388-116-5030
and any related rules as necessary
The department is considering amendments to address adaptive equipment and technology, minimum qualifications for providers, signatories for background check requirements, exception to rule requests, payment of fees related to administrative hearings, and definitions related to financial management services vendors and reimbursement. Other related rules may be amended as necessary.
WSR 26-01-145
Filed 12/18/2025
WSR 26-03-035
Filed 1/14/0206 [2026]
 
 
Behavioral Health and Habilitation Administration
 
388-878
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
 
 
388-825-091
388-825-093
388-825-094
In the 2025 legislative session, the legislature passed SSB 5393, closing the 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 25-23-042
Filed 11/13/2025
WSR 25-15-131
Filed 7/22/2025
 
388-875-0070
The department is planning to amend WAC and develop rules related to the transfer or move of a patient between treatment facilities, while ensuring no move is detrimental to the patient. The department may add new rules or amend other related rules as may be required.
WSR 25-22-055
Filed 10/30/2025
 
 
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 "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?," and "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
 
 
 
388-444-0030
388-444-0035
The department is adopting emergency amendments to "Are able-bodied adults without dependents (ABAWD) subject to additional work requirements and time limits to be eligible for basic food?" and "Who is exempt from ABAWD time limits and minimum work requirements?" These amendments are necessary to implement changes in exceptions to ABAWD time limits as passed in H.R.1, P.L. 119-21, effective July 4, 2025.
WSR 25-21-002
Filed 10/1/2025
WSR 26-01-029
Filed 12/5/2025
WSR 26-03-098
Filed 1/21/2026
WSR 25-20-075
Filed 9/29/2025
 
388-445-0001
The department is adopting "federal government shutdown." This rule will temporarily supersede rules related to the following programs if federal funding is not appropriated beyond October 31, 2025: Basic food, state-funded food assistance program (FAP), Washington combined application project (WASHCAP), transitional food assistance, and basic food employment and training (BFET).
 
 
WSR 25-21-103
Filed 10/17/2025
 
388-424-0020
The department is planning to amend "How does my alien status impact my eligibility for federally funded Basic Food benefits?," and other related rules as may be required.
WSR 25-23-018
Filed 11/7/2025
 
 
 
388-478-0015
The department is planning to amend "Need standards for cash assistance," and other rules as may be required.
WSR 26-01-213
Filed 12/24/2025
 
 
 
388-412-0005
The department is planning to amend "General information about your cash benefits," and other related rules as may be required.
WSR 26-02-040
Filed 12/31/2025
 
 
 
388-472-0040
The department plans to amend What are the department's responsibilities in giving NSA services to me?, and other related rules as may be required.
WSR 26-03-013
Filed 1/9/2026
 
 
 
388-400-0010
The department is planning to amend the following WAC sections and other related rules as may be required: "Who is eligible for state family assistance?" and 388-493-0010 "Working family support."
WSR 26-03-030
Filed 1/13/2026
 
 
 
388-400-0047
388-450-0015
The department is planning to amend the following WAC sections and other related rules as may be required: "What is the heat and eat program and are you eligible?" and "What types of income are not used by the department to figure out my benefits?"
WSR 26-03-033
Filed 1/14/2026
 
 
DCS
 
388-14A-6200
388-14A-6205
388-14A-6210
DCS proposes to amend WAC 388-14A-6200, 388-14A-6205, 388-14A-6210, and other sections as may be necessary to clarify the right to an administrative hearing to contest a collection action taken by DCS under RCW 74.20A.080 against a noncustodial parent's assets held in a financial institution. Amendments are needed to alleviate confusion and ambiguity about the administrative remedies available to noncustodial parents and nonobligated joint account owners of record under WAC 388-14A-6200.
WSR 26-04-080
Filed 1/29/2026
 
 
Executive
Office of the Secretary
 
388-02-0217
The department is considering amending When do administrative law judges 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
 
 
 
388-01-170
Amending WAC 388-01-170 May DSHS release information or public records outside of the Public Records Act?
 
CR-105
WSR 25-21-043
Filed 10/9/2025
 
Katherine I. Vasquez
Rules Coordinator