WASHINGTON STATE REGISTER

WSR 08-15-040

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed July 10, 2008, 12:22 p.m. ]

牋牋 Following is the department of social and health services' semi-annual rule-making agenda for July 1, 2008, through December 31, 2008. This agenda will be published in the state register under RCW 34.05.314 and distributed to interested parties, and is available online at http://www1.dshs.wa.gov/msa/rpau/.

牋牋 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, 2008 through December 31, 2008

WAC Chapter or WAC Number	WAC Chapter or Section Caption	Subject Matter	Program Contact Person	Current Activity (the "WSR" number is the official filing number)
				Emergency Rule	Preproposal Notice	Proposed Rule	Permanent (Final) Rule
Aging and Disability Services Administration (ADSA)
ADSA - Division of Developmental Disabilities (DDD)
WAC 388-825-100 388-825-101 388-825-102	Who the department notifies of DDD decisions	Clarifying who will be notified of decisions made by DDD and specifying that both notices and correspondence will be sent to the appropriate parties.	Steve Brink ADSA-DDD		WSR 08-09-107 Filed 4/21/08	WSR 08-13-077 Hearing 7/22/08
Chapter 388-827 WAC	State supplementary payment (SSP) program	Amending the payment levels to reflect the amounts paid under the individual and family services program.	Steve Brink ADSA-DDD		WSR 08-13-070 Filed 6/16/08
Chapter 388-828 WAC	DDD assessment	Adding language to chapter 388-828 WAC to clarify the individual support plan process.	Debbie Roberts ADSA-DDD		Planned for future action
WAC 388-828-5080 388-828-1200 388-828-1220 388-828-1240 388-828-1260 388-828-1280 388-828-1300 388-828-5360 388-828-1060 388-828-1480 388-828-1540 388-828-1640 388-828-5020 388-828-5140 388-828-5520 388-828-5940 388-828-8020 388-828-10000 through 388-828-10380	DDD assessment--Residential service levels	Incorporating the residential algorithm and the individual and family services assessment algorithm into the DDD assessment.	Debbie Roberts ADSA-DDD	WSR 07-23-020 Filed 11/9/07 388-828-1200 through 388-828-1300 WSR 08-07-018 Filed 3/7/08 388-828-5080 WSR 08-13-071 Filed 6/16/08	WSR 07-14-081 Filed 6/29/07 WSR 07-15-081 Filed 7/18/07	WSR 08-05-097 Hearing 4/22/08	WSR 08-12-037 Effective 7/1/08
WAC 388-828-5360 388-828-9000 388-828-9020 388-828-9040 388-828-9060 388-828-9100 388-828-9120 388-828-9140 388-832-0001 through 388-832-0470	DDD assessment and individual and family services	Combining three family support programs into one individual and family services program as directed by the legislature.	Steve Brink ADSA-DDD	388-828 WSR 08-08-039 Filed 3/26/08 388-832 WSR 08-14-014 Filed 6/20/08	WSR 07-10-018 Filed 4/20/07 WSR 07-14-081 Filed 6/29/07 WSR 07-15-081 Filed 7/18/07	WSR 08-11-095 Hearing 7/22/08
Chapter 388-831 WAC (new)	Community protection program	Establishing the community protection program as directed by recent state law.	Steve Brink ADSA-DDD		WSR 06-08-034 Filed 3/28/06
Chapter 388-835 WAC	ICF/MR program and reimbursement system	Amending language to reflect new rates for intermediate care facilities for the mentally retarded.	Steve Brink ADSA-DDD		Planned for future action
Chapter 388-845 WAC	DDD home and community based services waivers	Defining who can be respite providers.	Steve Brink ADSA-DDD		Planned for future action
Chapter 388-845 WAC	DDD home and community based services waivers	Amending the procedures for administering the HCBS waivers, incorporating changes reflected in the waivers approved by the federal centers for medicare/medicaid services.	Steve Brink ADSA-DDD		WSR 08-05-004 Filed 2/6/08	WSR 08-15-008 Hearing 8/26/08
Chapter 388-850 WAC	County plan for developmental disabilities	Rewriting rules in "plain talk" format and clarifying language.	Steve Brink ADSA-DDD		Planned for future action
ADSA - Home and Community Services (HCS)
Chapter 388-106 WAC	Long-term care services	Phasing out the medicare/medicaid integration project (MMIP).	Tiffany Sevruk ADSA-HCS		WSR 08-04-076 Filed 2/4/08	WSR 08-08-114 Hearing 5/6/08	WSR 08-12-023 Effective 7/1/08
WAC 388-106-0080 388-106-0110 388-106-0115	Long-term care services	Phasing in the full implementation of a new 17 level CARE assessment payment system.	Susan Engels ADSA-HCS	WSR 08-14-098 Filed 6/30/08	WSR 08-10-063 Filed 5/5/08	WSR 08-14-121 Hearing 8/5/08
WAC 388-106-0130	How does the department determine the number of hours I may receive for in-home care?	Clarifying that base hours are reduced for informal supports, or other paid services that meet some of an individual's need for personal care services, including adult day health.	Susan Engels ADSA-HCS		WSR 08-12-072 Filed 6/3/08
WAC 388-106-0225 388-515-1505	Financial eligibility requirements for long-term care services under COPES, New Freedom, PACE, MMIP, and WMIP	Updating personal needs allowances, removing references to MMIP, clarifying policy.	Lori Rolley ADSA-HCS	WSR 08-14-099 Filed 6/30/08	WSR 08-09-012 Filed 4/4/08
WAC 388-106-0250 388-106-0255 388-106-0260 388-106-0265	Long-term care services	Drafting a new section entitled, "roads to community living" to describe the nature of demonstration project services under the money follows the person grant.	Elizabeth Prince ADSA-HCS		WSR 07-22-085 Filed 11/6/07	WSR 08-13-076 Hearing 7/22/08
WAC 388-513-1315 388-513-1320	Institutional status for long-term care services	Clarifying institutional status and adding information regarding excess home equity, updating WAC references and clarifying language.	Lori Rolley ADSA-HCS		WSR 08-13-089 Filed 6/17/08
WAC 388-513-1350 388-513-1380	Long-term care services	Updating the 2008 federal resource standard and federal maximum maintenance standard that increase on January 1, 2008.	Lori Rolley ADSA-HCS	WSR 08-10-019 Filed 4/25/08	WSR 07-22-063 Filed 11/2/07	WSR 08-05-027 Hearing 3/25/08 Supplemental WSR 08-09-104 Hearing 5/27/08	WSR 08-13-072 Effective 7/17/08
WAC 388-561-0200 388-561-0201	Annuities	Adding new requirements pertaining to the treatment of annuities and clarifying and updating the rules.	Lori Rolley ADSA-HCS		WSR 08-04-077 Filed 2/4/08
ADSA - Office of Rates Management
Chapter 388-96 WAC	Nursing facility medicaid payment system	Adopting rules defining "home office" to help determine whether a nursing home is a "vital local provider" under state law.	Ed Southon ADSA-Nursing Home Rates Section		WSR 06-16-124 Filed 8/1/06
Chapter 388-96 WAC	Nursing facility medicaid payment system	Amending rules on: Accounts receivable audits; residents funds that a home must deposit; the definition of "direct care supplies;" the direct care rate for unbanked beds; minimum occupancy when setting rates; etc.	Patricia Hague ADSA-Office of Rates Management		WSR 06-24-112 Filed 12/6/06
Chapter 388-96 WAC	Nursing facility medicaid payment system	Amending rules to clarify the treatment of quality maintenance fee costs in rebases of the medicaid nursing home payment rate that are based on cost reports from 2005 forward.	Patricia Hague ADSA-Office of Rates Management		WSR 07-05-024 Filed 2/13/07
Chapter 388-96 WAC	Nursing facility medicaid payment system	Establishing reporting requirements and a settlement process to ensure that funds are spent on increasing wages in accordance with section 206(9), chapter 329, Laws of 2008.	Patricia Hague ADSA-Office of Rates Management	WSR 08-14-106 Filed 6/30/08	WSR 08-12-071 Filed 6/3/08
WAC 388-97-550 388-97-555	Nursing homes	Increasing the nursing home bed license fee to comply with RCW 18.51.050 requiring the department to establish license fees at an amount adequate to reimburse the department in full for all costs of its licensing activities for nursing homes.	Patricia Hague ADSA-Office of Rates Management		WSR 08-03-072 Filed 1/14/08
WAC 388-105-0005 388-105-0045	Medicaid rates for contracted home and community residential care services	Implementing adult family home provider rates to implement phase one of the 17 CARE level payment system for community care providers and clarifying bed hold policy.	Patricia Hague ADSA-Office of Rates Management	WSR 08-14-100 Filed 6/30/08	WSR 08-12-070 Filed 6/3/08
ADSA - Residential Care Services (RCS)
WAC 388-76-10000 388-76-10230 388-76-10235 388-76-10330 388-76-10355 388-76-10650 388-76-10725 388-76-10775 388-76-10840 388-76-10845 388-76-10870 388-76-10995 and adding a new section	Adult family home rules	Clarifying requirements; making grammatical and technical corrections; and adding a new section regarding sharing background check information and immunities related to that sharing.	Roger Woodside ADSA-RCS		WSR 08-04-109 Filed 2/6/08
Chapter 388-78A WAC	Boarding homes	Clarifying building requirements for new construction; enhancing readability of several sections; creating flexibility in construction requirements for providers to meet resident needs.	Todd Henry ADSA-RCS		WSR 07-23-078 Filed 11/19/07
Chapter 388-78A WAC	Boarding homes	Adding new sections to implement ESSB [ESHB] 2668. Sections 2 and 3 of this bill address respite care in boarding homes. DSHS is also considering amending sections relating to plans of correction.	Todd Henry ADSA-RCS		WSR 08-10-061 Filed 5/5/08
Chapter 388-97 WAC	Nursing homes	Changing outdated references; renumbering; adding language to be consistent with federal requirements and national standards; clarifying laundry system standards; deleting and updating sections on review of nursing home renewal licenses; clarifying new construction preoccupancy process; adding language on electronic monitoring; simplifying and clarifying existing due process for rights of individuals accused of abusing, neglecting, exploiting or financially exploiting vulnerable adults in nursing homes.	Judy Johnson ADSA-RCS		WSR 07-15-024 Filed 7/12/07 WSR 07-21-121 Filed 10/23/07	WSR 08-14-065 Hearing 8/26/08
Chapter 388-110 WAC	Contracted residential care services	Addressing when a boarding home voluntarily withdraws from the medicaid program, and clarifying the new notice, transfer, and discharge requirements.	Todd Henry ADSA-RCS		WSR 08-10-062 Filed 5/5/08
Children's Administration
WAC chapter not determined yet	Domestic violence prevention	Proposing new rules establishing standards for programs receiving domestic violence prevention funds.	Maureen Kelly Children's Administration		WSR 06-06-073 Filed 2/28/06
WAC 388-15-005 388-15-077	Child protective services	Reflecting changes from SSB 5321 (chapter 220, Laws of 2007) regarding a new two tiered finding system and new timeframes for expungement of records.	Collette McCully Children's Administration		WSR 08-07-095 Filed 3/19/08	WSR 08-14-141 Hearing 8/5/08
Chapter 388-25 WAC	Financial support of foster children	Establishing, updating, aiding, explaining and strengthening services provided for protection and care of children needing out-of-home placement.	Carrie Kendig Children's Administration		WSR 08-05-044 Filed 2/13/08
Chapter 388-27 WAC	Guardianship subsidies	Creating rules to provide clarity and guidance to persons receiving guardianship subsidy.	Lonnie Locke Children's Administration		WSR 08-05-045 Filed 2/13/08
WAC 388-32-0020 388-32-0025 388-32-0030	Family reconciliation services	Reflecting efforts to best serve the needs of families served by children's administration, supporting access to appropriate services for families with adolescents across programs.	Tim Kelly Children's Administration		WSR 08-05-043 Filed 2/13/08
Chapter 388-39A WAC	Child welfare services -- Complaint resolution	Child welfare services -- Complaint resolution.	Children's Administration		Planned for future action
Chapter 388-61A WAC	Shelters for victims of domestic violence	Updating and deleting outdated sections, and developing new sections specifically covering nonresidential services provided by emergency shelter contractors.	Susan Hannibal Children's Administration		WSR 08-06-086
Economic Services Administration (ESA)
ESA Division of Child Support (DCS)
Chapter 388-14A WAC	Division of child support rules	Adopting new and amended sections to implement state legislation which implements the federal Deficit Reduction Act of 2005.	Nancy Koptur ESA-DCS	WSR 08-07-044 Filed 3/14/08	WSR 07-10-116 Filed 5/2/07	WSR 08-07-045 Hearing 5/27/08	WSR 08-12-029 Effective 7/1/08
Chapter 388-14A WAC	Division of child support rules	Adopting new and amended sections to implement state legislation which implements the federal Deficit Reduction Act of 2005 regarding distribution of child support collections.	Nancy Koptur ESA-DCS		WSR 08-06-089 Filed 3/5/08
Chapter 388-14A WAC	Division of child support rules	Considering improvements to the conference board process in order to streamline agency procedures, increase efficiency, and increase the level of customer service.	Nancy Koptur ESA-DCS		WSR 08-08-113 Filed 4/2/08
WAC 388-14A-3900 to 388-14A-3925	Division of child support rules	Revising rules on modification of support orders.	Nancy Koptur ESA-DCS		WSR 03-22-054 Filed 10/31/03
ESA - Community Services Division (CSD)
Chapter not yet determined	Basic Food and WASHCAP	Amending rules impacting eligibility and benefit level for WASHCAP and Basic Food by adopting mandatory food stamp provisions of the 2007 federal farm bill.	John Camp ESA-CSD		WSR 08-03-095 Filed 1/17/08
WAC 388-310-0800	WorkFirst--Support services	Providing support services to recipients of diversion cash assistance who are receiving WorkFirst career services through the employment security department.	Ian Horlor ESA-CSD		WSR 08-09-140 Filed 4/23/08	WSR 08-14-126 Filed 7/1/08
WAC 388-310-1600 388-310-1800	WorkFirst	Updating cross references to department of early learning rules.	Olga Walker ESA-CSD		Exempt	WSR 08-12-084 Hearing 7/8/08
WAC 388-310-2100	WorkFirst career services	Allowing adults who receive diversion cash assistance and are working thirty or more hours per week to enroll in the WorkFirst career services program.	Jenny Egan Grayum ESA-CSD		WSR 08-05-041 Filed 2/13/08	WSR 08-11-089 Hearing 6/24/08
WAC 388-406-0035	How long does the department have to process my application?	Clarifying the section and updating the WACs that should be referenced in regards to applications that are delayed.	Jenny Egan Grayum ESA-CSD		WSR 07-12-030 Filed 5/30/07
WAC 388-406-0065	Can I still get benefits even after my application is denied?	Removing a reference to # 1.c.ii. because it is obsolete because of the expansion of categorical eligibility to applicants with income at or below 130% of the federal poverty level.	Bill Callahan ESA-CSD		WSR 08-06-087 Filed 3/5/08	WSR 08-10-065 Hearing 6/10/08	WSR 08-15-011 Effective 8/3/08
WAC 388-412-0015 388-450-0185 388-450-0190 388-450-0195 388-478-0060 388-492-0040 388-492-0070	Washington combined application program (WASHCAP) and Basic Food	Adjusting standards in order to determine a client's eligibility for WASHCAP or the Basic Food program.	Don Winslow ESA-CSD		WSR 08-13-055 Filed 6/12/08
WAC 388-412-0040	Can I get my benefits replaced?	Correcting a typographical error in subsection (4).	Jenny Egan Grayum ESA-CSD		WSR 08-03-031 Filed 1/8/08	WSR 08-09-043 Filed 4/10/08	WSR 08-14-047 Effective 7/25/08
WAC 388-414-0001	Do I have to meet all eligibility requirements for Basic Food?	Conferring eligibility status to households with income up to 200% of the federal poverty rate.	John Camp ESA-CSD		WSR 08-08-109 Filed 4/2/08	WSR 08-12-083 Hearing 7/8/08
WAC 388-418-0007 388-454-0015	TANF and state family assistance programs	Extending the definition of "temporary absence" from ninety to one hundred eighty days.	Jenny Egan Grayum ESA-CSD		WSR 08-06-088 Filed 3/6/08	WSR 08-11-087 Hearing 6/24/08	WSR 08-14-105 Effective 8/1/08
WAC 388-418-0020	How does the department determine the date a change affects my benefits?	Revising the rules to make them easier to understand and clarifying the effective date when a change causes and [an] increase in benefits.	Bill Callahan ESA-CSD		WSR 08-04-075 Filed 2/4/08
WAC 388-424-0001 388-424-0010 388-424-0020 388-466-0005 388-466-0120 388-466-0130	Refugee cash assistance and refugee medical assistance	Allowing Iraqi and Afghan special immigrants to be eligible for refugee cash assistance[,] refugee medical assistance, services and other entitlement benefits as allowed under federal law.	Olga Walker ESA-CSD	WSR 08-09-052 Filed 4/14/08	WSR 08-05-104 Filed 2/19/08 WSR 07-22-084 Filed 11/5/07	WSR 08-11-086 Hearing 6/24/08	WSR 08-14-116 Effective 8/1/08
WAC 388-428-0010 388-454-0025	Notifying parents of whereabouts of their children	Revising rules governing notifying parents of the whereabouts of their children to comply with state law, and recognize the rights of parents and protect the safety of children.	Tom Berry ESA-CSD		WSR 06-20-073 Filed 9/29/06
WAC 388-436-0045 388-436-0055 388-436-0060	Disaster consolidated emergency assistance program	Revising chapter 388-436 WAC to include that CEAP benefits may be extended to individuals and families without children.	Ian Horlor ESA-CSD	WSR 08-13-029 Filed 6/10/08	WSR 08-09-109 Filed 4/21/08	WSR 08-14-122 Hearing 8/5/08
WAC 388-436-0050	Financial need and benefit amount	Revising the payment standards and maximum earned income limits for consolidated emergency assistance program (CEAP) to match the 3% increase for TANF/SFA and refugee cash assistance (RCA).	Ian Horlor ESA-CSD	WSR 08-14-101 Filed 6/30/08	WSR 08-10-101 Filed 5/7/08	WSR 08-14-123 Hearing 8/5/08
WAC 388-448-0030 388-448-0040	Providing medical evidence	Amending the description of medical evidence requirements needed to determine incapacity to align the rules with the intent of RCW 74.04.005.	Melissa Mathson ESA-CSD		WSR 08-13-048 Filed 6/12/08
WAC 388-448-0180	How do we redetermine your eligibility when we decide you are eligible for general assistance expedited medicaid (GAX)?	Extending federal aid medical assistance to general assistance expedited medicaid recipients through the post appeal supplemental security income (SSI).	Melissa Mathson ESA-CSD		WSR 08-09-108 Filed 4/21/08	WSR 08-13-046 Hearing 7/22/08
WAC 388-450-0015 388-470-0045	Counting income when figuring out benefits	Applying the federal policy regarding economic stimulus rebate payments.	Melissa Mathson ESA-CSD	WSR 08-10-040 Filed 4/30/08	WSR 08-09-112 Filed 4/21/08
WAC 388-450-0015 388-450-0185	Counting income when figuring benefits	Assisting low income families in meeting their child support debts while enhancing their supplies of food.	Don Winslow ESA-CSD		WSR 08-14-119 Filed 7/1/08
WAC 388-450-0162	Using countable income to determine eligibility and amount of cash and food assistance benefits	Including references to WAC 388-478-0040 and 388-478-0045.	Logan McGregor ESA-CSD		WSR 07-14-099 Filed 6/30/07
WAC 388-450-0162	Using countable income to determine eligibility and amount of cash and food assistance benefits	Clarifying how the department budgets deductions and earned income incentives for specific programs to ensure application of these incentives and deductions is consistent with state and federal requirements and department programs.	John Camp ESA-CSD		WSR 08-08-110 Filed 4/2/08	WSR 08-11-088 Hearing 6/24/08	WSR 08-15-009 Effective 8/3/08
WAC 388-450-0175	Does the department offer an income deduction as an incentive for GA-U clients to work	Clarifying that the income deductions described apply only to the general assistance cash program.	Melissa Mathson ESA-CSD		WSR 08-05-042 Filed 2/13/08	WSR 08-09-137 Hearing 5/27/08	WSR 08-12-031 Effective 7/1/08
WAC 388-450-0200	Will the medical expenses of elderly persons or individuals with disabilities in my assistance unit be used as an income deduction for Basic Food?	Removing obsolete references to deductions conferred by the medicare prescription drug card.	Rebecca Henrie ESA-CSD		WSR 08-08-112 Filed 4/2/08	WSR 08-11-085 Hearing 6/24/08
WAC 388-454-0006	Background checks for persons acting in place of a parent without court-ordered custody	Amending the rule to be consistent with working connections child care rules regarding background checks for adult child-caregivers applying for assistance for unrelated children in their care.	Tom Berry ESA-CSD		WSR 06-09-037 Filed 4/13/06
Chapter 388-455 WAC	Lump sum payments	Correcting a WAC reference, using question and answer format, providing additional clarification of the impact of lump sum payments on a person's eligibility for department programs.	John Camp ESA-CSD		WSR 07-17-032 Filed 8/7/07	WSR 07-22-037 Hearing 12/11/07 Supplemental WSR 08-08-117 Hearing 5/6/08	WSR 08-11-105 Effective 7/1/08
WAC 388-472-0005	What are my rights and responsibilities?	Revising the reporting requirements currently listed under subsection (2)(c).	Ian Horlor ESA-CSD		WSR 08-08-111 Filed 4/2/08	WSR 08-14-124 Hearing 8/5/08
WAC 388-478-0005	Cash assistance need and payment standards and grant maximum	Revising the minimum payment limit to reflect the 3% increase for TANF, state family assistance, and refugee cash assistance.	Ian Horlor ESA-CSD	WSR 08-14-103 Filed 6/30/08	WSR 08-14-120 Filed 7/1/08
WAC 388-478-0020 388-478-0035	Payment standards for TANF, SFA, GA-S, GA-H, RCA	Revising the payment standards and maximum earned income limits for NF, SFA and RCA to reflect the 3% increased [increase] authorized by ESHB 2687, Section 207 (1)(e).	Ian Horlor ESA-CSD	WSR 08-14-102 Filed 6/30/08	WSR 08-09-040 Filed 4/9/08	WSR 08-13-045 Hearing 7/22/08
WAC 388-478-0055	How much do I get from my state supplemental payments (SSP)?	Updating the state supplemental payment (SSP) standard for residents of a medical institution. The current monthly rate is $25.45 and the department is proposing to increase the current rate to $27.28.	Olga Walker ESA-CSD	WSR 08-14-104 Filed 6/30/08	WSR 08-09-106 Filed 4/21/08	WSR 08-13-047 Hearing 7/22/08
WAC 388-492-0090	How often do my combined WASHCAP food benefits need to be reviewed?	Extending the certification periods for WASHCAP from twenty-four to thirty-six months.	Rebecca Henrie ESA-CSD		WSR 08-12-069 Filed 6/3/08
Health and Recovery Services Administration (HRSA)
HRSA - Division of Alcohol and Substance Abuse (DASA)
Chapter 388-800 WAC	Chemical dependency assistance programs	Clarifying rules; updating references to patient eligibility standards; clarifying the process for secondary ADATSA clients.	Virginia Ochoa HRSA-DASA		WSR 05-02-065 Filed 1/4/05
Chapter 388-805 WAC	Certification requirements for chemical dependency service providers	Clarifying rules; updating definition and requirements for chemical dependency service providers.	Deb Cummins HRSA-DASA		WSR 07-24-004 Filed 11/26/07
HRSA - Mental Health Division (MHD)
Chapter 388-865 WAC	Community mental health and involuntary treatment programs (clubhouses)	Revising rules to establish certification "clubhouses" that meet minimum standards. Clubhouses are community-based programs that provide rehabilitative mental health services.	Kevin Sullivan HRSA-MHD		WSR 07-17-142 Filed 8/21/07	WSR 08-10-066 Hearing 6/10/08	WSR 08-14-080 Effective 7/27/08
Chapter 388-865 WAC	Certifying crisis stabilization units (new)	Codifying rules regarding the department's new requirement to certify crisis stabilization units that meet minimum standards.	Kevin Sullivan HRSA-MHD		WSR 07-21-078 Filed 10/16/07	WSR 08-10-067 Hearing 6/10/08	WSR 08-14-079 Effective 7/27/08
Chapter 388-865 WAC	Community mental health	Codifying its policy on how it administers community mental health services in the event of a nonparticipating regional support network.	Kevin Sullivan HRSA-MHD	WSR 08-10-017 Filed 4/25/08	WSR 08-01-107 Filed 12/18/07
HRSA - Medical Assistance (MA)
Unknown sections in TITLE 388 WAC	Health technology clinical committee assessments	Creating a new WAC to support the health technology assessment program established by the 2006 legislature.	Kevin Sullivan HRSA-MA		WSR 07-12-061 Filed 6/4/07
WAC 388-406-0010	How do I apply for benefits?	Amending the rule to clarify the signature requirements on applications for medical assistance for children and pregnant women.	Mary Beth Ingram HRSA-MA		WSR 07-08-094 Filed 4/3/07	WSR 08-09-154 Hearing 5/27/08
WAC 388-416-0020	Certification periods for noninstitutionalized medically needy program	Removing references to hospital expenses to comply with federal regulations.	Catherine Fisher HRSA-MA		WSR 08-06-044 Filed 2/27/08
WAC 388-450-0085	Does the department count all of my self-employment income to determine if I am eligible for benefits?	Amending the rules to remove barriers for medical assistance clients with self-employment income.	Colleen Clifford HRSA-MA	WSR 08-10-018 Filed 4/25/08	WSR 08-01-020 Filed 12/7/07	WSR 08-10-068 Hearing 6/10/08	WSR 08-15-010 Effective 8/3/08
WAC 388-475-0300	SSI-related medical -- Resources eligibility	Updating this WAC to comply with federal rules which govern how the department considers retroactive lump sum payments from any Title II or Title XVI payment, and to clarify that these resources are now excluded for nine months, not six.	Catherine Fisher HRSA-MA		WSR 08-03-093 1/16/08	WSR 08-09-111 Hearing 4/21/08	WSR 08-14-048 Effective 7/25/08
WAC 388-478-0075 388-505-0210 388-505-0211 388-542-0010 388-542-0300	Children's healthcare program	Expanding premium-based children's healthcare for children in households with incomes up to and including 300% of the federal poverty level.	Jonell O. Blatt HRSA-MA		WSR 08-15-006 Filed 7/3/08
WAC 388-500-0005	Medical definitions	Updating medical definitions to make them consistent with how the terms are used throughout HRSA rules.	Jonell O. Blatt HRSA-MA		WSR 07-20-052 Filed 9/27/07
WAC 388-501-0060 388-501-0065	Healthcare coverage	Correcting errors made in developing the scope of covered services chart in new WAC 388-501-0060 and 388-501-0065.	Kevin Sullivan HRSA-MA		WSR 07-12-062 Filed 6/4/07
WAC 388-501-0100	Subrogation; assignment or rights and cooperation. Rule originally filed as permanent with WSR 07-23-080 and 08-01-041. The effective date was extended for one year (until December 1, 2008) so the department could revisit the permanent rule-making process.	The department extended the effective date to December 1, 2008, for recently amended rule, WAC 388-501-0100, adopted under WSR 07-23-080 and initially scheduled to take effective [effect] December 20, 2007. (See WSR 08-01-041.) The department will adopt new subrogation rules consistent with 42 U.S.C. Ё 1396a, 1396k, 1396p, RCW 74.09.180, 74.09.185, the decision of Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268, 126 S. Ct. 1752, 164 L. Ed. 2d 459, and will respond to concerns raised by the Washington State Trial Lawyers Association as well as other stakeholders.	Wendy Boedigheimer HRSA-MA		WSR 08-03-073 Filed 1/14/08	WSR 08-11-091 Hearing 6/24/08	WSR 07-23-080 and 08-01-041 Effective 12/1/2008
WAC 388-502-0010 388-531-0100 388-531-0250 388-531-1400	Psychiatric physician-related services; mental health services	Improving access to mental health services for children who do not meet regional support network access to care standards.	Kevin Sullivan HRSA-MA		WSR 08-03-091 Filed 1/16/08	WSR 08-08-124 Hearing 5/6/08	WSR 08-12-030 Effective 7/1/08
WAC 388-502-0160	Billing a client	Revising the rule to clarify when a provider can and cannot bill a client for medical services.	Wendy Boedigheimer HRSA-MA		WSR 08-01-021 Filed 12/7/07
WAC 388-505-0220	Family medical eligibility	Correcting outdated cross references to WAC sections that no longer exist.	Jonell Blatt HRSA-MA		Note: This is an expedited rule (CR-105).	WSR 08-13-044 Comment deadline: 8/18/08
WAC 388-505-0230	Family medical	Creating a new WAC to address family-related institutional medical benefits.	Catherine Fisher HRSA-MA	WSR 08-10-092 Filed 5/7/08	WSR 07-12-031 Filed 5/30/07
WAC 388-517-0500	Medicare prescription drug copayment help	Codifying a new requirement for HRSA to pay medicare Part D copayment cost sharing for full-benefit dual eligible medicaid clients.	Carole McRae HRSA-MA		WSR 07-17-144 Filed 8/21/07	WSR 08-11-084 Hearing 6/24/08
WAC 388-526-2610	Prehearing reviews for clients who request a fair hearing	Adding new sections to the chapter that are specific to the HRSA medical care programs in order to expand on and better define administrative hearing rules.	Kathy Sayre HRSA-MA		WSR 08-10-064 Filed 5/5/08
Chapter 388-530 WAC	Outpatient drug program	Expanding the smoking cessation benefit, correcting typographical and grammatical errors, reinstating and clarifying rules regarding vitamins and over-the-counter coverage, etc.	Jonell O. Blatt HRSA-MA	WSR 08-14-097 Filed 6/30/08	WSR 08-10-109 Filed 5/7/08	WSR 08-15-007 Hearing 8/26/08
WAC 388-531-2000	Increased payments for physician related services for qualified trauma cases	Clarifying, updating, and ensuring consistent policies for the trauma program.	Jonell O. Blatt HRSA-MA		WSR 08-01-083 Filed 12/17/07	WSR 08-05-105 Hearing 3/25/08
WAC 388-533-0300 388-533-0310 through 388-533-0345 388-533-0360 through 388-533-0386	Infant case management and maternity support services	Clarifying provider qualifications, client eligibility and services reimbursed for infant case management and maternity support services.	Jonell O. Blatt HRSA-MA		WSR 07-21-106 Filed 10/19/07
WAC 388-533-0390	Childbirth education	Amending rules to break the information into smaller sections, clarify and update rules, and clarify policy on payment of childbirth education when delivered as a refresher course.	Wendy Boedigheimer HRSA-MA		WSR 07-03-055 Filed 1/12/07
WAC 388-535-1245	Dental-related services -- Access to baby and child dentistry (ABCD)	Amending sections relating to access to baby and child dentistry (ABCD) and sections relating to dental-related services for clients through age twenty and clients age twenty-one and older.	Kathy Sayre HRSA-MA		WSR 07-16-110 Filed 7/31/07	WSR 08-12-074 Hearing 7/8/08
Chapter 388-535A WAC	Orthodontic services	Clarifying existing policy, better defining the scope of the rule, and reviewing the subchapter for other necessary changes.	Kathy Sayre HSRA-MA		WSR 07-21-021 Filed 10/8/07	WSR 08-12-073 Hearing 7/8/08
Chapter 388-537 WAC	School services	Amending the chapter to bring the program into compliance with federal medicaid regulations and policies.	Wendy Boedigheimer HRSA-MA		WSR 07-03-057 Filed 1/12/07
Chapter 388-538 WAC	Managed care delivery system	Updating and clarifying criteria regarding the patient review and coordination; the monthly capitated premiums the department pays to managed care organizations etc.	Kathy Sayre HRSA-MA		WSR 08-01-082 Filed 12/17/07	WSR 08-09-029 Hearing 5/27/08
Chapter 388-541 WAC	Children's full premium (CFP) program	Creating rules to give families whose income is greater than 300% of the federal poverty level the opportunity to purchase healthcare coverage for their children.	Kevin Cornell HRSA-MA		WSR 08-13-003 Filed 6/5/08
Chapter 388-544 WAC	Noncovered services, eyeglasses, and contact lenses	Removing the language in this section and readopting the rule through the permanent rule-making process.	Wendy Boedigheimer HRSA-MA	WSR 08-11-048 Filed 5/15/08	WSR 07-22-082 Filed 11/5/07 and WSR 07-10-125 Filed 5/2/07	WSR 08-09-110 Hearing 6/10/08	WSR 08-14-052 Effective 7/25/08
WAC 388-544-1010 388-544-1100 388-544-1200 388-544-1300 388-544-1400	Hearing aid services	Revising rules to move the hearing aid rules into their own chapter 388-547 WAC; creating clear section titles and clarifying text; and including digital hearing aids under covered services to align with industry standards.	Wendy Boedigheimer HRSA-MA		WSR 07-05-011 Filed 2/9/07
Chapter 388-548 WAC	Federally qualified health centers	Implementing the federal payment methodology for federally qualified health centers. The Federal Benefit Improvement and Protection Act of 2000 replaced cost-based reimbursement methodology with medicaid FQHC prospective payment system.	Wendy Boedigheimer HRSA-MA		WSR 08-14-125 Filed 7/1/08
Chapter 388-550 WAC	Hospital services (certified public expenditure)	Updating and clarifying the certified public expenditure (CPE) program requirements and processes.	Kathy Sayre HRSA-MA		WSR 08-11-090
WAC 388-550-1050	Hospital services definitions	Correcting language erroneously adopted in the definition for "high cost outlier."	Kathy Sayre HRSA-MA		WSR 07-16-107 Filed 7/31/07
Juvenile Rehabilitation Administration (JRA)
Chapter 388-700 WAC	Juvenile rehabilitation administration -- Practices and procedures	Potential revisions due to changes in background check procedures.	David Griffith JRA		Planned for future action
Chapter 388-720 WAC	Collection of costs of support, treatment and confinement of juveniles under RCW 13.40.220	Potential changes to clarifying sentencing in relation to "victim in the home" status and to update the reimbursement schedule.	Lee Mosley, Trent Phillips JRA		Planned for future action
WAC 388-740-0010 388-740-0040 388-740-0070	Confinement	To implement section 1, subsection (4)(b) of SSB 5243, (chapter 203, Laws of 2007), by defining behavior which may be cause for the secretary to modify parole and return a juvenile sex offender to confinement for up to twenty-four weeks. Also to incorporate guidelines and certain existing JRA parole standards to return certain juvenile sex offenders committed to JRA or basic training camp graduates to confinement for the remainder of his or her sentence.	Kecia Rongen JRA		WSR 07-16-089 Filed 7/30/07	WSR 07-23-092 Hearing 12/7/07 (the department will be filing a supplemental CR-102)
Chapter 388-745 WAC	Transfer of juvenile offenders to the department of corrections (DOC)	Potential revisions due to changes in transfer procedures.	David Griffith JRA		Planned for future action
Chapter 388-750 WAC	Impact account -- Criminal justice cost	Review for potential updates.	Ken Moses, Trent Phillips JRA		Planned for future action
Management Services
Chapter 388-02 WAC	DSHS hearing rules	Modifying deadlines and timeframes in administrative hearings, making changes to the authority of administrative law judges and review judges, and making other changes in order to comply with federal rules.	Brian Lindgren MS - Board of Appeals		WSR 07-10-112 Filed 5/2/07	WSR 08-09-105 Hearing 6/10/08
Chapter 388-03 WAC	Rules and regulations for the certification of DSHS spoken language interpreters and translators	Updating the chapter's references to units of DSHS (such as language interpreter services and translations, or LIST) that have been reorganized and renamed to change timeframes for DSHS mailing of letters notifying applications of their test dates, and reviewing the chapter for other necessary changes.	Hungling Fu, Katherine Vasquez MS - Language Testing and Certification		WSR 08-12-067 Filed 6/3/08
Chapter 388-06 WAC	Background checks	Amending, consolidating and colocating existing background check rules in other WAC chapters into this chapter.	Jackie Beery MS - Background Check Central Unit	WSR 08-07-043 and 08-07-042 Filed 3/14/08	WSR 07-11-097 Filed 5/16/07
Office of Deaf and Hard of Hearing Services
Chapter 388-818 WAC	Deaf and hard of hearing services		No current rule-making activity
Office of Planning, Performance and Accountability (OPPA)
Chapter 388-04 WAC	Protection of human research subjects		No current rule-making activity
Office of Risk Management (ORM)
Chapter 388-01 WAC	DSHS organization and disclosure of public records	Amending rules to reflect changes in DSHS organization structure, and to implement chapter 483, Laws of 2005.	Kristal K. Wiitala Privacy Officer		Planned for future action
Special Commitment Center
Chapter 388-885 WAC	Civil commitment cost	Updating reimbursement fee schedules for allowable activities under chapter 71.09 RCW.	Mark Davis Special Commitment Center		WSR 04-10-092 Filed 5/4/04
WAC 388-885-005 388-885-010 388-885-015 388-885-020 388-885-025 388-885-030	Civil commitment cost reimbursement	Updating the rules to better reflect current practices as they relate to the reimbursement of local agencies for their costs associated with the civil commitment process of sexually violent predators.	Mark Davis Special Commitment Center		WSR 08-01-022 Filed 12/7/07
Vocational Rehabilitation (DVR)
Chapters 388-891 388-892 WAC			No current rule-making activity

Notes and Definitions

Explanation of selected terms used in these tables:

"CR" stands for code reviser, or code reviser's office. The code reviser's office creates the "CR" forms used by DSHS and all state agencies to notify the public about rule-making actions.

A "Preproposal Notice" is a CR-101 Preproposal Statement of Inquiry filed under RCW 34.05.310. This is a preliminary notice to the public that DSHS is in the planning stages to adopt, amend or repeal rules on a particular subject, and notes the laws authorizing the agency's action. The notice also lets the public know how to participate in the development of the rule, and identifies the department's contact person.

A "Proposed Rule" is a CR-102 Proposed Rule-Making notice filed under RCW 34.05.320. The notice includes:

牋牋 1) A description of the rules that DSHS proposes to adopt, amend or repeal, and the reasons supporting the proposal;

牋牋 2) The date and location of a public hearing or hearings to take formal comments about the proposed rule; the deadline for sending written comments about the rule; and how written comments may be sent;

牋牋 3) The laws authorizing the agency action;

牋牋 4) The complete text of the proposed new or amended rules, or a list of rule sections being repealed;

牋牋 5) The text of a small business economic impact statement, if applicable;

牋牋 6) Information on how to obtain a copy of the preliminary cost-benefit analysis, if applicable; and

牋牋 7) Agency staff that the public may contact about the proposed rules.

An "Expedited Rule" is a CR-105 Expedited Rule-Making notice, filed under RCW 34.05.353. DSHS may use this process to notify the public that it intends to adopt, amend or repeal very limited types of rules without accepting public comments or holding a public hearing. After a minimum waiting period, DSHS may adopt the rule as permanent, if no one has objected in writing. If someone does object, the department must file a CR-102 notice, hold a public hearing and accept written comments before adopting the permanent rule.

A "Permanent Rule" is a CR-103 Rule-Making Order, filed under RCW 34.05.360 and 34.05.380. The CR-103 gives notice that the department is adopting final new, amended or repealed rules, completing the rule-making process. A CR-103 rule-making order includes the complete text of the new or amended rules, or a list of the WAC numbers and caption of rules being repealed, and an explanation of any changes to the rule made after the CR-102 notice. Agencies also may use a CR-103 notice form to adopt temporary emergency rules (see below).

An "Emergency Rule" is also a CR-103 Rule-Making Order, filed under RCW 34.05.350 and 34.05.380. This is a temporary rule used to meet an urgent public health, safety or welfare need, or to meet a deadline set in a law or federal requirement. Emergency rules are effective for one hundred twenty days after the filing date. Emergency rules may be extended in certain circumstances, but they may not become permanent rules unless the agency files a preproposal notice and/or a proposed rule notice as applicable, and complies with other applicable rule-making statutes. NOTE: Emergency rules listed in these tables are only those in effect at the time this agenda was filed for publication in the Washington state register.

"Rules" as used generally in this document are the Washington Administrative Code, also known as WAC or state regulations, which are adopted by state agencies according to the Administrative Procedure Act, chapter 34.05 RCW. References to "federal rules" or "federal regulations" are United States government regulations, also known as the Code of Federal Regulations or C.F.R.

State "statutes" are laws adopted by the Washington state legislature and signed by the governor, or may be initiatives adopted by the state's voters, and are codified as the Revised Code of Washington (RCW), except that laws adopting annual state budgets are not codified. Recent state statutes may also be listed by their session law numbers, such as "chapter 140, Laws of 2008," or by a legislative bill number, such as "ESSB 6387." United States government statutes may be noted by their United States code number, public law number, act title, or congressional bill number.

"WSR" is the Washington state register, the legal publication of state agency rules and other notices, published twice each month by the office of the code reviser. Throughout this agenda, the seven-digit number following each WSR is the code reviser's official filing number assigned at the time DSHS files a rule-making notice with the code reviser. The WSR number, plus the date and time of filing, appears on the first page of each "CR" notice as filed. To view facsimiles of DSHS rule-making notices as filed with the code reviser, visit the DSHS public rule-making web site at http://www1.dshs.wa.gov/msa/rpau/. All DSHS rule-making notices are available to the public.

This agenda is for information purposes only. Errors in this rule-making agenda do not alter the content or effect of the DSHS rules and rule-making notices filed with the office of the code reviser and published in the Washington state register.

If you have questions about this rule-making agenda or the DSHS rule-making process, please contact the DSHS Rules Coordinator, at P.O. Box 45850, Olympia, WA 98504-5850, by phone at (360) 664-6097. If you would like to receive DSHS rule-making notices by e-mail, please visit the DSHS rules and policies assistance unit (RPAU) web site for available electronic lists, at http://www1.dshs.wa.gov/msa/rpau/RPAU-Listserv.htm. If you would like to receive notices by postal mail, please contact Jennisha Johnson, RPAU rules consultant, at (360) 664-6094, or by e-mail at johnsjl4@dshs.wa.gov.

Stephanie Schiller

Rules Coordinator

� Washington State Code Reviser's Office