AGENDA
SOCIAL AND HEALTH SERVICES
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.
July 1 through December 31, 2012
| Administration/ Division |
WAC Sections |
Purpose for Rule Making | CR-101 Filings |
CR-102 Filings |
CR-103E Filings |
| Aging and Disability Services Administration | |||||
| Division of Behavioral Health and Recovery |
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| WAC 388-865-0536, 388-865-0547 | Requirements of an evaluation and treatment (E&T) facility for persons involuntarily committed to an E&T facility and who are discharged. | WSR 10-15-062 Filed 7/15/10 |
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| Chapter 388-865 WAC | New sections in chapter 388-865 WAC for the purposes of implementing new rules for triage facilities. The department may adopt other new rules or amend other rules as necessary. | WSR 11-20-101 Filed 10/5/11 |
WSR 12-15-074 Filed 7/18/12 |
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| Division of Developmental Disabilities (DDD) |
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| Chapter 388-825 WAC | To include information on the early and periodic screening diagnosis and treatment program eligibility. | WSR 10-10-075 Filed 5/3/10 |
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| Chapter 388-832 WAC | DDD services, individual and family services. | WSR 10-17-102 Filed 8/17/10 |
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| Chapter 388-823 WAC | DDD intake and determination of developmental disabilities, eligibility requirements. | WSR 11-06-059 Filed 3/1/11 |
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| Chapter 388-845 WAC | New consolidated Basic and Basic Plus waiver. In addition, other changes may be needed to respond to budget and general housekeeping needs related to the renewal of the DDD home and community based services waivers. | WSR 12-01-116 Filed 12/21/11 |
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| Chapter 388-835 WAC | ICF/MR program and reimbursement to make effective no later than July 1, 2012, no person under the age of sixteen years may be admitted to receive services at a residential habilitation center; and effective no later than July 1, 2012, no person under the age of twenty-one years may be admitted to receive services at a residential center, unless there are no service options available in the community to appropriately meet the needs of the individual. Such admission is limited to the provision of short-term respite or crisis stabilization services. | WSR 12-01-115 Filed 12/21/11 |
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| WAC 388-828-4165, 388-828-4420, 388-828-4440, 388-828-9300, 388-828-9310 | To comply with the 2009-2011 budget passed by the legislature which contains a proviso related to county programs and outcome based contracts. | WSR 12-01-117 Filed 12/21/11 |
WSR 12-16-104 Filed 8/1/12 |
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| TITLE 388 WAC | Rosa's Law, intellectual disability. | WSR 11-22-107 Filed 11/2/11 |
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| WAC 388-106-0650 and 388-106-0655 | The volunteer chore program was changed to volunteer services per ESSB 6444 (supplemental operating budget). The intent in the name change was to broaden the types of assistance available to eligible clients. Current rules limit services to a traditional list of chore-type services. Without revised rules, volunteers supervised by contracted agencies managing the program are unable to provide support services in keeping with the intent of ESSB 6444. | WSR 11-22-105 Filed 11/2/11 |
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| Home and Community Services Division |
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| WAC 388-106-0815, 388-106-0820, 388-71-0720, 388-71-0724, 388-71-0734 | Amending and repealing sections in chapters 388-71, 388-106 WAC regarding changes in requirements for adult day health (ADH). | WSR 09-12-042 Filed 5/27/09 |
WSR 11-11-023 Filed 5/10/11 WSR 11-03-038 Filed 1/12/11 WSR 10-19-083 Filed 9/17/10 WSR 10-10-056 Filed 4/29/10 WSR 10-02-044 Filed 12/30/09 WSR 09-20-037 Filed 9/30/09 WSR 09-14-045 Filed 6/24/09 |
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| Chapter 388-106 WAC | Amending New Freedom rules. | WSR 09-13-092 Filed 6/16/09 |
WSR 10-02-096 Filed 1/6/10 |
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| WAC 388-106-1300, 388-106-1303 | Client rights and responsibilities when receiving services from ADSA. | WSR 10-21-092 Filed 10/20/10 |
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| Chapters 388-513 and 388-515 WAC | The department is amending chapters 388-513, 388-515 WAC to add language regarding long-term care partnerships, increase the excess home equity limit, update links and references, and to correct federal poverty level language. | WSR 11-02-032 Filed 12/29/10 |
WSR 12-16-023 Filed 7/25/12 |
WSR 12-16-023 Filed 7/25/12 WSR 12-16-024 Filed 7/25/12 WSR 12-08-035 Filed 3/29/12 WSR 12-06-017 Filed 2/28/12 WSR 11-22-072 Filed 11/1/11 WSR 11-17-145 Filed 8/24/11 WSR 11-10-038 Filed 4/27/11 WSR 11-02-031 Filed 12/29/10 |
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| WAC 388-106-1455 | The department is updating how the individual budget amount is calculated after the New Freedom participant is assigned a classification as a result of an assessment performed in the comprehensive assessment reporting and evaluation (CARE) assessment. | WSR 11-07-079 Filed 3/22/11 |
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| WAC 388-106-0815 | Amending WAC 388-106-0815 and adding ADH services and eligibility into the community options program entry system (COPES) waiver effective September 1, 2011, as a result of the legislation action under 2ESHB 1087. The department is directed to eliminate the ADH service under the state plan 1915(i) option and to reestablish it under the COPES waiver under WAC 388-106-0300 and 388-106-0305. | WSR 12-03-064 Filed 1/12/12 WSR 11-19-061 Filed 9/15/11 |
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| WAC 388-106-0210 | As part of the governor's proposed 2012 supplemental operating budget, the department is changing the eligibility requirements of medicaid personal care (MPC). Other necessary changes on this subject may be incorporated into this rule making. | WSR 12-01-118 Filed 12/21/11 |
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| Chapter 388-106 WAC | The department is adding a new section to establish a methodology for how DSHS calculates nursing home comparable home and community based long-term care availability to be used in the nursing home bed need process in Washington state. DSHS is creating this new section for clarification about how it calculates comparable nursing home capacity. | WSR 11-23-152 Filed 11/22/11 |
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| WAC 388-527-2754 | The department is amending chapter 388-513 WAC, Client not in own home, institutional medical; chapter 388-515 WAC, Alternative living, institutional medical; and chapter 388-527 WAC, Estate recovery. | WSR 11-24-093 Filed 12/7/11 |
WSR 12-14-112 Filed 7/5/12 |
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| WAC 388-106-0300 | To correct WAC references to the health care authority. | WSR 11-24-094 Filed 12/7/11 |
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| Chapters 388-112 and 388-71 WAC | To implement and clarify the training requirements and the criminal history background check requirements as directed in chapter 74.39A RCW and to revise the implementation effective dates as directed by Initiative 1163. | WSR 12-05-086 Filed 2/17/12 |
WSR 12-16-027 Filed 8/1/12 |
WSR 12-13-090 Filed 6/19/12 WSR 12-05-100 Filed 2/21/12 WSR 12-02-049 Filed 12/30/11 |
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| Management Services Division |
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| Chapter 388-96 WAC | Amending nursing facility medicaid payment system. | WSR 09-17-003 Filed 8/6/09 |
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| WAC 388-105-0005 | To comply with budgetary directives put forth by the legislature in ESHB 2127, changes are being made to WAC 388-105-0005. | WSR 12-10-090 Filed 5/2/12 |
WSR 12-14-061 Filed 6/29/12 WSR 12-10-048 Filed 4/30/12 |
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| Residential Care Services Division |
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| Chapter 388-101 WAC | The department is adding new rule sections to comply with 2SSB 5459 People with developmental disabilities -- Services. This newly passed statute requires the department to establish state-staffed crisis stabilization beds to provide crisis stabilization services to DDD clients who are experiencing behaviors that jeopardize the safety and stability of their current living situation. The department plans to regulate crisis stabilization providers under chapter 388-101 WAC. Additions to this chapter are necessary to incorporate crisis stabilization providers under this chapter. The addition of sections applicable to the new crisis stabilization program will not result in any new or revised requirements for current certified community residential services providers. | WSR 12-02-031 Filed 12/29/11 WSR 12-01-121 Filed 12/21/11 |
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| Chapter 388-78A WAC | The department is amending and repealing sections in chapter 388-78A WAC to comply with Initiative 1163 requiring fingerprint-based background checks. The rules also allow a provisional hire pending the results of the fingerprint-based background check. | WSR 12-05-114 Filed 2/22/12 |
WSR 12-15-073 Filed 7/18/12 |
WSR 12-13-069 Filed 6/18/12 WSR 12-05-115 Filed 2/22/12 |
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| Children's Administration | |||||
| Undefined | |||||
| WAC 388-165-180 | Child subsidy rates DSHS pays for child care in a licensed or certified child care home and WAC 388-165-185 Child care subsidy rates DSHS pays for child care in a licensed or certified family child care home. | WSR 11-20-102 Filed 10/5/11 |
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| Chapter 388-61A WAC | Revisions are intended to update the section on crib safety to be compliant with new rules adopted by the federal Consumer Product Safety Commission in December 2010, and to make clarifying edits to rules adopted in November 2010. | WSR 12-05-113 Filed 2/22/12 |
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| Division of Children and Family Services |
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| Economic Services Administration | |||||
| Community Services Division |
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| Chapters 388-424, 388-466 WAC | Amending regarding eligibility for assistance for special immigrants from Iraq and Afghanistan. | WSR 10-02-095 Filed 1/6/10 |
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| WAC 388-492-0040, 388-492-0070 | Amending to ensure that WASHCAP benefits are cost neutral to SNAP. | WSR 10-05-082 Filed 2/15/10 |
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| WAC 388-412-0020 | Amending. | WSR 10-07-058 Filed 3/15/10 |
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| WAC 388-432-0005 | Diversion cash assistance. | WSR 11-09-087 Filed 4/20/11 |
WSR 11-10-033 Filed 4/27/11 WSR 11-02-034 Filed 12/29/10 |
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| Chapters 388-436, 388-478 WAC | Payment standards for TANF. | WSR 11-02-068 Filed 1/5/11 |
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| Chapters 388-408, 388-436, 388-450, 388-470 WAC | TANF and/or SFA assistance units. | WSR 11-05-084 Filed 2/15/11 |
WSR 11-04-062 Filed 1/27/11 |
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| WAC 388-432-0005 | WAC 388-432-0005 The department is proposing to change the maximum annual limit for diversion cash assistance (DCA). | WSR 11-09-087 Filed 4/20/11 |
WSR 11-10-033 Filed 4/27/11 |
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| WAC 388-444-0005, 388-444-0055, 388-444-0065, 388-444-0070, and 388-444-0075 | Updating Basic Food work requirement rules to be consistent with federal regulations, and Washington approved Basic Food state plan. | WSR 11-19-058 Filed 9/14/11 |
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| WAC 388-310-1600, 388-400-0005 | Permanently disqualify adults from receiving TANF/SFA benefits if they have been terminated due to noncompliance sanction at least three times since March 1, 2007. | WSR 11-15-094 Filed 7/20/11 |
WSR 11-18-097 Filed 9/7/11 |
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| WAC 388-310-2100 | WorkFirst participation requirements. | WSR 11-13-067 Filed 6/15/11 |
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| Chapters 388-436, 388-478 WAC | Reduce payment standards, maximum earned income limits, and grant maximum amount. | WSR 12-01-120 Filed 12/21/11 |
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| WAC 388-478-0055, and possible other related SSP rules | The department may propose to modify to stay within available funds. The department is required by federal law, C.F.R. 20 §416-2095 through §416.2099, to maintain the total amount of SSI state supplement benefits spending at the same level each calendar year, without an increase or decrease in total spending. | WSR 11-23-151 Filed 11/22/11 |
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| Division of Child Support | |||||
| Chapter 388-14A WAC | Amendments to implement SSB 6893 (61st Legislature 2010 2nd sp. sess.) suspending the child support pass-through as of May 1, 2011. | WSR 11-08-071 Filed 4/6/11 |
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| Chapter 388-14A WAC | E2SHB 1267. | WSR 11-15-094 Filed 7/20/11 |
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| Chapter 388-14A WAC | Division of child support rules. | WSR 12-17-091 Filed 8/16/12 |
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| Executive | |||||
| Special Commitment Center |
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| WAC 388-880-110 | Escort procedures. | WSR 12-15-076 Filed 7/18/12 |
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| Chapter 388-885 WAC | Reimbursement. | WSR 12-15-135
[12-17-135] Filed 8/21/12 |
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| WAC 388-880-150 | Requests for public disclosure. | WSR 12-17-134 Filed 8/21/12 |
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| Office of Deaf and Hard of Hearing |
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| New chapter. | WSR 10-19-134 Filed 9/22/10 |
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| Financial Services Administration | |||||
| Operation Support and Services Division |
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| Chapter 388-06 WAC | To implement Initiative 1163 passed by the voters on November 8, 2011. Initiative 1163 changes the effective date for long-term care fingerprint requirements from January 1, 2014, to January 1, 2012, and delays fingerprint requirements for community residential service providers until January 1, 2016. | WSR 12-02-046 Filed 12/30/11 WSR 11-17-135 Filed 8/24/11 |
WSR 11-22-101 Filed 11/2/11 |
WSR 12-03-049 Filed 1/11/12 WSR 12-02-045 Filed 12/30/11 |
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| Chapter 388-06 WAC | Revising and reorganizing, repealing sections and creating two new chapters relating to department background check requirements. | WSR 12-15-075 Filed 7/18/12 |
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| WAC 388-06-0020, 388-06-0110, 388-06-0150, 388-06-0525, and 388-06-0540 | To implement Initiative 1163 and ESHB 2314 related to DDD long-term care fingerprint check requirements and one hundred twenty day provisional hire. | WSR 12-11-039 Filed 5/10/12 |
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| Medicaid Purchasing Administration | |||||
| Undefined | |||||
| Chapter 388-526 WAC | To establish hearing rules related to medicaid funded services to implement the requirements of 2E2SHB 1738, section 53, effective July 1, 2011, for the transition of the single state medicaid agency to the Washington health care authority. | WSR 12-13-003 Filed 6/6/12 WSR 12-05-037 Filed 2/10/12 WSR 11-22-028 Filed 10/25/11 WSR 11-14-040 Filed 6/28/11 |
Katherine Iyall Vasquez
Rules Coordinator