WSR 01-03-067

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed January 12, 2001, 2:39 p.m. ]


DSHS SEMI-ANNUAL RULE-MAKING AGENDA


     Shown below is the Department of Social and Health Services' Semi-Annual Rule-Making Agenda, by administration, for January 1, 2001, through June 30, 2001.

     There may be more rule-making activity, not on the agenda, as a result of the on-going rule reviews being done according to Executive Order 97-02.


DEPARTMENT OF SOCIAL AND HEALTH SERVICES

SEMI-ANNUAL RULE-MAKING AGENDA FOR 1/1/01 THROUGH 6/30/01


AGING AND ADULT SERVICES ADMINISTRATION



WAC Chapter or Section Number Purpose of rule being developed or amended.
388-15-650 through 388-15-662 Revise adult day health/care eligibility standards; include a grievance process for adult day services and to make other changes, as needed. Revised sections will be reorganized and moved into chapter 388-71 WAC.
388-15-205 Comply with the Governor's Executive Order 97-02 on regulatory improvement; clarify the requirement that long-term care services begin upon the date that the client approves and signs the service plan.
388-71 Develop specific program requirements for adults (over age eighteen) requesting services through the private duty nursing program.
388-71-0120, 388-71-0405, 388-71-0420, 388-71-0425, 388-71-0430, 388-71-0445, 388-71-0465, 388-71-0470, 388-71-0480 Due to budget reductions, the department anticipates restricting the Chore program to only employed disabled clients. The program would not be available to other clients.
388-71-0420 Clarify where COPES services can be provided.
388-71-500 through 388-71-560 Further define provider qualifications and to include home care agencies in these qualifications. Amend rules to reflect legislation, enrolled SSHB 2637, passed in the 1999/2000 biennium.
388-76-61550 Extend the timeframe for adult family home providers to develop a negotiated care plan.
388-76-640 New requirements from chapter 246-888 WAC, Medication assistance, were recently established by the Department of Health, Board of Pharmacy. This will ensure that adult family home providers are following current rules governing medication protocols for residents.
388-78A Comply with the Governor's Executive Order 97-02 on Regulatory Improvement; implement change mandated by ESHB 2380; update rules to comply with other statutes: Training, reporting, medication assistance, self-directed care, and nurse delegation.
388-78A, 388-110, 388-76, 388-71 New law requires the department to adopt rules on training for residential and in-home providers by March 1, 2002.
388-79 To modify existing rules on guardianship fees to establish a fixed maximum fee charged Medicaid recipients. To preclude allowance of retroactive guardianship fees prior to the Medicaid recipient's eligibility for long-term care services.
388-96-010, 388-96-218, 388-96-559, 388-96-585, 388-96-714, 388-96-723, 388-96-724, 388-96-708, 388-96-710, 388-96-714, 388-96-718, 388-96-740, 388-96-776, 388-96-901 etc.

New WAC 388-96-802 and 388-96-803

Sections are being revised in anticipation of three year rate rebasing. The rules will need to be regularly adopted effective July 1, 2001.
388-98 and 388-97 Being reviewed to comply with the Governor's Executive Order 97-02 on Regulatory Improvement and merge chapter 388-98 WAC into chapter 388-97 WAC.
388-XX Rules to implement the four level payment system for home and community residential care. Decision about whether to use an existing chapter or a new one is pending. The rules will need to be regularly adopted effective July 1, 2001.

CHILDREN'S ADMINISTRATION


WAC Chapter or Section Number Purpose of rule being developed or amended.
388-15 Update child protective services rules to reflect current federal and state law.
388-25, 388-27, 388-32 Rewrite and update rules for child welfare services including foster care, adoption and adoption support and services to prevent out-of-home placement and achieve family reconciliation.
388-39A To explain the process Children's Administration uses to resolve complaints and grievances of clients, foster parents, and other affected individuals.
388-146 Clarify the requirements for background checks for homes and facilities licensed by Children's Administration and the Division of Developmental Disabilities.
388-148 Clarify the language of the licensing requirements for foster homes, group care programs/facilities and child placing agencies. Incorporate changes in state and federal law.
388-155 Family child day care licensing requirements. Rewrite the chapter according to the principles of EO 97-02 and other minor housekeeping changes.
388-160 Update and clarify the licensing requirements for overnight youth shelters.

ECONOMIC SERVICES ADMINISTRATION


WAC Chapter or Section Number Purpose of rule being developed or amended.
388-290 To expand childcare eligibility and clarify existing rules.
388-310-0800, 388-310-1800 and related. To clarify correlation between support services and post-employment for post TANF clients.
388-310-0900, 388-310-1000 and 388-310-1050 To implement rules for WorkFirst internships, practicums, and seasonal employment.
388-400-0020 To remove references to the obsolete GA-S program.
388-400-0030 and 388-400-0035 To update refugee assistance eligibility requirements.
388-410-0020, 388-410-0025 and 388-410-0030 To update and clarify regulations regarding food assistance overpayments.
388-412-0025, 388-412-0040, 388-412-0045 and related. To include additional information on electronic benefit transfer and to clarify policy.
388-414-0001 To clarify when a family can be categorically eligible for food assistance.
388-442-0010 To add information on eligibility for TANF/SFA or food assistance if client has a drug felony conviction.
388-450-0045 To add guidelines for the treatment of income from the Workforce Investment Act.
388-450-0070 To amend child's earned income rule.
388-450-0190 To change the excess shelter cost deduction in the food assistance program.
388-458-All To clarify the notice requirement policy.
388-478-0055 To pass along federal cost of living adjustment for SSI program and to adjust state supplement amounts.

HEALTH AND REHABILITATIVE SERVICES ADMINISTRATION


WAC Chapter or Section Number Purpose of rule being developed or amended.
388-825-020 and 388-825-205 To update and clarify rules for the family support opportunity program.
388-860, 388-861, and 388-862

Formerly chapters 275-54, 275-55, 275-57

Juvenile involuntary treatment, voluntary admission-involuntary commitment, treatment and/or evaluation of mentally ill persons, and community mental health programs. All three chapters are being integrated into one chapter to eliminate duplication, inconsistency and conflict, and to use principles of clear writing.
388-880 Rules for the special commitment center pertaining to oversight and program standards, treatment planning for court-committed program residents and record retention.

JUVENILE REHABILITATION ADMINISTRATION


No rule making planned for the period

MEDICAL ASSISTANCE ADMINISTRATION



WAC Chapter or Section Number Purpose of rule being developed or amended.
388-XXX-XXXX Incorporate federal HIPPA regulations
388-536 Federally qualified health centers
388-545-0100 Medical nutrition and infusion therapy
388-XXX-XXXX Nutritional counseling
388-538 Managed care
388-545-XXXX Exceptional therapies
388-551-2000 Home health services

MANAGEMENT SERVICES ADMINISTRATION


WAC Chapter or Section Number Purpose of rule being developed or amended.
388-02 Phase II - continuing to update and consolidate, as much as possible, DSHS hearing rules into a single chapter.

OFFICE OF THE SECRETARY/DEPUTY SECRETARY


WAC Chapter or Section Number Purpose of rule being developed or amended.
388-02-0087 Vendor dispute hearing rights
388-XX Vendor billing time limitations

Kelly Cooper

Rules Coordinator

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