WSR 02-15-187




[ Filed July 24, 2002, 11:35 a.m. ]


Semi-Annual Rule-Making Agenda

July 1, 2002 through December 31, 2002

This agenda describes the anticipated rule-making activity by DSHS administrations and divisions from July 1, 2002, through December 31, 2002. DSHS publishes this rule-making agenda semi-annually according to RCW 34.05.314.

The agenda describes rule-making activity that can be forecast at this time. There may be additional DSHS rule-making activity during this period to comply with the legislature's directives, to meet federal mandates, or to respond to unforeseen circumstances.

For questions about this rule-making agenda and the DSHS rule-making process, please contact the DSHS Rules and Policies Assistance Unit (RPAU), by mail at P.O. Box 45850, Olympia, WA 98504-5850, by phone at (360) 664-6094, or by e-mail at Information about current DSHS rule-making activity is also available on-line at

If you are interested in receiving DSHS rule-making notices, please contact Fred Swenson at the RPAU mailing address above, by phone at (360) 664-6097 or by e-mail at

At the end of the tables are explanations of the terms CR-101, CR-102 and CR-103.


AASA Home and Community Services Division
WAC Chapter or WAC Section # Chapter, Subpart Caption Subject Matter

or Section Caption

Anticipated Actionsin this Period
WAC 388-15-650 through 388-15-662 Adult day services. Same. CR-101, CR-102

Moving and revising Adult Day Care/Adult Day Health rules from chapter 388-15 WAC to chapter 388-71 WAC

Chapter 388-15 WAC

and related chapters

Social services for families, children and adults. Home and community services. CR-102, CR-103

Revising remaining Home and Community Services rules currently in chapter 388-15 WAC and moving the rules into chapter 388-71 WAC. Updating obsolete WAC cross-references. Clarifying requirements for comprehensive assessments.

WAC 388-71-1065

through 388-71-1095

Respite care. Family caregiver support program. CR-101

Amending the respite care subchapter to include the family caregiver support program per state legislation.

Chapter 388-71 WAC Comprehensive assessment CR-101

Phasing implementation of the new comprehensive assessment model in 2003.

WAC 388-76-535 and 388-76-570 Adult family homes. Authority CR-103

To update rule to reflect changes in statute as a result of new legislation (HB 2444).

WAC 388-76-61510 Adult family homes. When must the negotiated care plan be developed? CR-103

This will change a requirement from fourteen days upon admission to thirty days for a care plan to be developed, allowing providers/residents more time to become acquainted with the resident's needs/services.

WAC 388-76-640 Adult family homes. Resident medications. CR-103

This WAC change was initiated to encompass the introduction of chapter 246-888 WAC, Medication assistance promulgated by the Board of Pharmacy.

WAC 388-76-710 Adult family homes. Notice, hearing rights, and effective dates relating to imposition of remedies. CR-103

This is to reflect a change in an address.

WAC 388-76-765 (repeal and adopting related new rules) Adult family homes. Fire safety. CR-102, CR-103

This WAC change will incorporate recent building code changes for adult family homes and to establish more detailed expectations around resident life safety issues.

WAC 388-78A-010, 388-78A-020, 388-78A-030, 388-78A-040, 388-78A-045, 388-78A-050, 388-78A-055, 388-78A-060, 388-78A-065, 388-78A-070, 388-78A-080, 388-78A-090, 388-78A-100, 388-78A-110, 388-78A-120, 388-78A-130, 388-78A-140, 388-78A-150, 388-78A-160, 388-78A-170, 388-78A-180, 388-78A-190, 388-78A-200, 388-78A-210, 388-78A-220, 388-78A-230, 388-78A-240, 388-78A-250, 388-78A-260, 388-78A-268, 388-78A-280, 388-78A-290, 388-78A-300, 388-78A-310, 388-78A-320, 388-78A-330, 388-78A-335, 388-78A-340, and 388-78A-990 Boarding homes. Same. CR-102, CR-103

To review and update rules to be consistent with current practices in residential care and to make it more applicable to today's boarding home residents.

WAC 388-78A-265 Boarding homes. Nurse delegation. CR-103

Amending the rule to be in compliance with chapter 18.79 RCW and to update outdated RCW references.

WAC 388-79-010, 388-79-020, 388-79-030, and 388-79-040 Guardianship fees for clients of the department. Same. CR-102

Amending guardianship rules to provide a total of thirty days notice of proceedings; to provide deductions from client participation for fees and costs; and to limit the courts ability to adjust guardianship fees after services are rendered.

WAC 388-97-005, 388-97-043, 388-97-07005, 388-97-07040, 388-97-07050, 388-97-076, 388-97-160, 388-97-162, 388-97-180, 388-97-202, 388-97-203, 388-97-205, 388-97-260, 388-97-35040, 388-97-285, 388-97-585, 388-97-570, 388-97-575, 388-97-580, 388-97-585, 388-97-595, 388-97-610, 388-97-615, 388-97-620, 388-97-625, 388-97-630, 388-97-635, 388-97-640, 388-97-645, 388-97-650, 388-97-655, 388-97-660, 388-97-665, 388-97-670, 388-97-675, 388-97-680, 388-97-685, 388-97-690, and 388-97-695 Nursing homes. Same. CR-103

To review and update rules to be consistent with current statute and clarify requirements. Also repealing all rule sections in chapter 388-98 WAC and incorporating subject matter as new rules in chapter 388-97 WAC.

Chapter 388-97 WAC Nursing homes. Inspections and deficiency citation report. CR-103

To review and update rules to be consistent with current statute and clarify requirements.

WAC 388-97-570 Nursing homes. Reasons for denial, suspension, modification, revocation of, or refusal to renew a nursing home license. CR-101, CR-102, CR-103

This change is to make the rule consistent with new legislation (SHB 2382).

Chapter 388-97 WAC Nursing homes. New section

Infection control.

CR-102, CR-103

To add a new section to the infection control subchapter to include immunization requirements as a result of legislation (2ESSB 5291).

Chapter 388-112 WAC (new) and related WAC Residential long-term care services. Basic training and specialized training standards. CR-103

Adopting new a chapter, amending related rules and repealing outdated rules on basic and specialized training requirements in adult family homes and boarding homes to implement recent legislation (chapter 121, Laws of 2000 and chapter 233, Laws of 2002).

New chapter 388-145 WAC Emergency respite centers. Licensing standards. CR-102

New rules written to implement legislation (chapter 230, Laws of 2001).

Chapter 388-148 WAC

Foster homes and

Facility licensing requirements.

Same. CR-102

Workgroup to be convened to develop amendments and additions to licensing chapter identified as problematic.

Possible New chapter 388-180 WAC Washington school for the deaf. Health and safety standards. CR-102

New rules to be written to implement legislation (SHB 2568).

Chapter 388-27 WAC Child welfare services -- Adoption services and adoption support Adoption support eligibility. CR-101, CR-102

Amending adoption support rules to clarify eligibility.

Chapter 388-15 WAC (Currently) Social services for families, children, and adults. Chapter renamed as: Child protective services. CR-103

Revising and reorganizing child protective services rules.

WAC 388-14A-2000, 388-14A-2025, 388-14A-2080, 388-14A-3800, 388-14A-3810, 388-14A-4000, 388-14A-4300, and 388-14A-4304 Division of child support rules. Modifying support obligations. CR-101

Amending the rules to allow the Division of Child Support (DCS) to modify support obligations when both parties make informal arrangements and are unable to return to court to officially change the support order.

WAC 388-14A-3100, 388-14A-3102, 388-14A-3110, 388-14A-3115, 388-14A-3120, 388-14A-3370, and 388-14A-3810 Division of child support rules. Uniform Parentage Act. CR-101

Bringing DCS rules into compliance with new legislation (chapter 302, Laws of 2002).

WAC 388-14A-3900 to 388-14A-3925 Division of child support rules. Modification of a support order. CR102, CR-103

Allowing for modification of a support order when it will not change by more than the current standard.

WAC 388-14A-4100, 388-14A-4110, 388-14A-4120, and 388-14A-4130 Division of child support rules. Medical child support obligations. CR-101

Developing new rules and procedures for enforcing medical child support obligations using the National Medical Support Notice.

WAC 388-150-0090, 388-151-0090, and 388-155-0090 Child care --

Minimum licensing requirements .

Background checks; notifying parents of pesticide use. CR-103

Amending rules to correct background check citations.

Chapter 388-150 WAC Minimum licensing requirements for child care centers. Same. CR-101

Revising, repealing and moving the current chapter 388-150 WAC into a new chapter 388-295 WAC.

WAC 388-151-020, 388-151-097, and 388-151-230, and 388-155-320 Minimum licensing requirements -- Child care centers. Same. CR-103

Making correct technical errors made in the previous amendments. The effect of these WAC will remain unchanged.

Chapter 388-265 WAC Payment of grants. Protective payees. CR-103

Amending rules to alter protective payee policies. Chapter 388-265 WAC rules will be moved to chapter 388-460 WAC.

WAC 388-273-0020 Washington telephoneassistance program (WTAP). Who may receive WTAP? CR-102, CR-103

Specifying where applicants apply for washington telephone assistance (WTAP) and making WTAP rules consistent with rules of the state Utilities and Transportation Commission.

WAC 388-290-0010, 388-290-0075, and 388-290-0085 Working connections child care. Upper income eligibility limits. CR-103

Amendments will reduce the upper income limit for eligibility for the working connections child care program and increase copayment levels.

WAC 388-290-0125, 388-290-0190, 388-290-0200, 388-290-0225, 388-290-0245, 388-290-0010, 388-290-0015, 388-290-0020, 388-290-0035, 388-290-0040, 388-290-0045, 388-290-0050, 388-290-0055, 388-290-0080, 388-290-0085, 388-290-0095, 388-290-0105, 388-290-0120, 388-290-0130, 388-290-0135, 388-290-0205, 388-290-0230

388-290-0145, 388-290-0150, 388-290-0155, 388-290-0160, 388-290-0165, 388-290-0180

Working connections child care. Seasonal day camps;

background inquiry process.


Adding seasonal day camps as a type of provider, and clarify the background inquiry process. The language of these WACs will also be corrected and clarified where necessary

Chapter 388-290 WAC Working connections child care. Background checks. CR-103

Clarifying the process for background checks for the WCCC program.

WAC 388-310-0200, 388-310-0350, and 388-310-0400 Workfirst. TANF/SFA sixty-month time limit. CR-103

Implementing the policy for the sixty-month time limit of TANF/SFA cases.

WAC 388-310-0300 and 388-310-1450 Workfirst. One-time participation exemption for a parent of an infant child. CR-103

Amending rules to implement legislation (HB 1144).

WAC 388-310-1000, 388-310-1050, 388-310-1700, 388-310-1800, and 388-290-0255 Workfirst.

Working connections child care.

TANF/SFA sixty-month time limit. CR-103

Implementing the policy for the sixty-month time limit of TANF/SFA cases.

WAC 388-310-1300 Workfirst. Community jobs program. CR-101, CR-102

Expanding the Community Jobs program to include private businesses.

WAC 388-310-1600 Workfirst. Workfirst -- Sanctions. CR-102, CR-103

Altering the sanction process for WorkFirst participants.

WAC 388-310-1600, 388-484-0005, and 388-484-0006 Workfirst, TANF/SFA five year time limit. Sanctions and extensions. CR-103

Implementing the sanctions for all clients and extension rules for clients who exceed the TANF/SFA sixty-month time limit.

WAC 388-310-1650 (new) Workfirst. Child safety net payment status. CR-103

Creating the child safetynet payment status for clients who are in sanction for not meeting WorkFirst program requirements and have surpassed the sixty-month time limit for TANF/SFA.

Chapter 388-310 WAC Workfirst. Participation requirements. CR-102, CR-103

Changing participation requirements for WorkFirst.

WAC 388-400-0030

Program summary. Refugee cash assistance -- Summary of eligibility requirements . CR-101, CR-102, CR-103

Coordinating amendments with the recent revisions to WAC 388-466-0120.

WAC 388-406-0055 Applications. Can I apply for cash. CR-102, CR-103

Bringing current rule in line with federal rules that specify the eligibility date for food assistance households.

Chapters 388-406 WAC

388-414 WAC

388-416 WAC

388-418 WAC

388-434 WAC

388-450 WAC

388-452 WAC

388-470 WAC


Categorical eligibility for food assistance.

Certification periods.

Change of circumstance.

Eligibility reviews and recertification.


Interview requirements.


Same. CR-102, CR-103

Amending rules in these chapters relating to food assistance to implement changes in federal regulations and exercise state options for the food stamp program.

Chapter 388-408 WAC Assistance units. Same. CR-102, CR-103

This chapter will be revised to simplify the rules regarding inclusion in the assistance unit.

WAC 388-412-0025 Benefit issuances. How do I get my benefits? CR-101

Correcting rules concerning the cancellation of electronic benefits transfer (EBT) accounts after ninety days of inactivity. EBT accounts will no longer be cancelled after ninety days of inactivity.

WAC 388-414-0001 Categorical eligibility for food assistance. Some food assistance units do not have to meet all eligibility requirements. CR-101

Amendment will reflect changes in WorkFirst support services that impact which clients are categorically eligible for food assistance and do not have to meet certain requirements to get food assistance benefits.

WAC 388-418-0020

WAC 388-458-0030

Change of circumstance.

Notices to clients.

Same. CR-102

Amendments due to a federal rule change that requires the department to send a letter requesting information when we learn about a change and are not sure what impact the change will have on benefits.

Chapters 388-418 WAC

388-424 WAC

388-444 WAC

388-450 WAC

388-478 WAC

Change of circumstance.


alien status.

Food stamp employment and training.


Standards for payments.

Eligibility and benefit level. CR-102, CR-103

Amending all necessary sections of title 388 WAC to implement changes that effect client's eligibility and benefit level for food stamps and the state-funded food assistance program for legal immigrants.

Chapter 388-422 WAC Child support. Same. CR-102, CR-103

Update and amend references to incorporate recent changes made to Division of Child Support rules.

WAC 388-434-0005

WAC 388-406-0010

WAC 388-416-0005

Eligibility reviews and recertification.


Certification periods.

Same. CR-102, CR-103

These rules are being simplified in order to reduce workload in light of a division budget reduction.

WAC 388-434-0010, 388-434-0015, 388-434-0020, and 388-434-0025 Eligibility reviews and recertification. Food stamp program -- State options. CR-103

Amending rules on food assistance to implement changes in federal regulations and exercise state options for the food stamp program.

Chapter 388-440 WAC

Chapter 388-426 WAC

Exception to rule.

Client complaints.

Same. CR-102, CR-103

Clarifying program requirements on exceptions and complaints and to comply with clear-writing guidelines of the Governor's Executive Order 97-02.

Chapter 388-444 WAC Food stamp employment and training. Same. CR-102, CR-103

To simplify and update language so that the rules are easier to read and use.

WAC 388-448-0180 Incapacity. How and when we redetermine your eligibility if we decide you are eligible for GAX. CR-102

Amending the rule to make reference to the correct type of hearing. "Administrative hearing" needs to be replaced by "appeals court review."

Chapter 388-448 WAC Incapacity. Individual responsibility plan requirements--General assistance. CR-102, CR-103

Developing new individual responsibility plan requirements for general assistance recipients enrolled in WorkPlus.

WAC 388-450-0015, 388-450-0055 Income. Refugee cash assistance. CR-103

Modifying rules to reflect new federal regulations that require the department to exclude payments from the United States Department of State or Department of Justice Reception and Replacement Programs.

WAC 388-450-0015, 388-450-0055 and related rules Income. Volunteer agency (VOLAG) payments. CR-102, CR-103

Amending rules concerning VOLAG payments when they are not intended to cover normal living expenses.

WAC 388-450-0075 Income. Income from time-loss compensation. CR-101

Amending the rule to standardize the way time loss income is treated across all types of assistance.

WAC 388-450-0116 Income. Allocating the income of a financially responsible person excluded from the assistance unit because of their alien status. CR-103

Modifying rules to reflect new federal regulations that require refugee cash assistance to use the same rules as temporary assistance to needy families (TANF).

WAC 388-450-0135 Income. Allocating income of an ineligible spouse to a GA-U client. CR-101

Simplifying how the department allocates income from an ineligible spouse to a general assistance recipient.

WAC 388-450-0140 Income. How does the income of an ineligible assistance unit member affect my eligibility and benefits for food assistance? CR-101, CR-102, CR-103

Implementing federal regulations on the impact of the income and expenses of an ineligible assistance unit member.

WAC 388-450-0190, 388-450-0195, 388-478-0060 Income.

Standards for payments.

Same. CR-102, CR-103

Amending rules to be consistent with federal standards and limits.

WAC 388-450-0230 Income. Treatment of income in the month of application for destitute food assistance households. CR-101, CR-102, CR-103

Correcting the current rule, which only disregards a new source of income for destitute household for ten days after applying for food assistance. Federal rules require that any new income be disregarded.

Chapter 388-450 WAC and related chapters Income. Same. CR-102, CR-103

Simplifying income rules and make them more consistent across program lines.

Chapter 388-450 WAC and related chapters Income. TANF/SFA 20% hardship extension. CR-102, CR-103

Creating new rules for the TANF and state financial assistance (SFA) 20% hardship extension.

Chapter 388-450 WAC Income. Income budgeting. CR-102, CR-103

Revising rules to incorporate federal requirements on income budgeting into the rule.

WAC 388-454-0006, and 388-454-0025 Living with a relative. Background checks. CR-101

Revising rules on background checks on adults who are acting in loco parentis without court ordered custody.

Chapter 388-454 WAC Living with a relative. Background checks. CR-102, CR-103

Amending rules to include additional background checks required for the determination of in loco parentis eligibility.

WAC 388-460-0001, 388-460-0020, 388-460-0025, 388-460-0030, 388-460-0035, 388-460-0040, 388-460-0045, 388-460-0050, 388-460-0055, 388-460-0060, 388-460-0065, and 388-460- 0070 Payees on benefit issuances. Protective payees. CR-101

Simplifying rules on protective payees and introduce a variety of changes.

WAC 388-470-0075 Resources. How vehicles are counted toward the resource limit for cash assistance and TANF/SFA-related medical. CR-101

Amending the rule to elaborate on how the department treats vehicles in resource calculations for food assistance.

Chapter 388-474 WAC Supplemental security income. State supplemental payment program eligibility. CR-102, CR-103

Amending this chapter to implement changes in eligibility for the state supplemental payment program.

WAC 388-478-0055 Standards for payments. Supplemental security income (SSI) cost of living adjustment (COLA). CR-102, CR-103

SSI standards are being amended to make a COLA adjustment to the SSI program.

Chapter 388-492 WAC Washington combined application project. Same. CR-102, CR-103

Amending rules to reflect refinements in program policy, implement requirements to the program, add needed information and rewrite the rules for clarity.

WAC chapter not yet specified Client reporting requirements. CR-102, CR-103

Implementing quarterly reporting for clients.

WAC chapter not yet specified Overpayments to clients. CR-102, CR-103

Eliminating overpayments caused by agency error and amend all related rules.


HRSA Division of Developmental Disabilities (DDD)

WAC 388-820-030, 388-820-090, 388-820-320, 388-820-330, 388-820-350, 388-820-560, 388-820-580, and 388-820-650 DDD community residential services and supports. What are residential services? CR-101, CR-102, CR-103

Amending and clarifying language.

WAC 388-820-100 DDD community residential services and supports. When must service provider document a client's refusal to participate in services? CR-102, CR-103

Correcting obsolete and incorrect WAC cross references.

WAC 388-820-260 DDD community residential services and supports. Service providers documents approved by DDD. CR-101, CR-102, CR-103

Adding a new requirement on incident reporting.

Chapters 388-820 WAC

388-825 WAC

388-850 WAC

Community residential services and support.

DDD services rules.

County plan for mental health, developmental disabilities.

Same. CR-101, CR-102, CR-103

Amending and adopting new rules to implement legislation (SSB 6387) on DDD state supplementary payment program; and revising eligibility rules.

WAC 388-825-020, 388-825-025, 388-825-030, 388-825-035, 388-825-045, 388-825-050, 388-825-055, 388-825-100, 388-825-120, 388-825-205, 388-825-210, 388-825-234, 388-825-248, 388-825-250, 388-825-252, and 388-825-270 DDD service rules. Same. CR102, CR-103

Correcting obsolete and incorrect WAC and RCW cross references.

Chapter 388-826 WAC DDD. Voluntary placement program rules for children under age eighteen in out-of-home care when parents request placement solely due to child's disability. CR-102, CR-103

Implementing rules for voluntary placement program

WAC 388-830-015, 388-830-020, 388-830-025, 388-830-035, 388-830-0110, 388-830-0180, 388-830-0265, 388-830-0395, 388-830-0575, 388-830-0745, and 388-830-0755 DDD program option rules. Same. CR-102, CR-103

Correcting obsolete and incorrect WAC and RCW cross references.

WAC 388-835-0110, 388-835-0180, 388-835-0265, 388-835-0395, 388-835-0575, 388-835-0745, and 388-835-0755 ICF/MR program and reimbursement system. Same. CR-102, CR-103

Correcting obsolete and incorrect WAC and RCW cross references.

WAC 388-850-015, 388-850-025, and 388-850-050 County plan for developmental disabilities. Same CR-102, CR-103

Correcting obsolete and incorrect WAC and RCW cross references.

Chapter 388-850 WAC County plan for DDD. Same. CR-101, CR-102, CR-103

Revising rules in clear writing format per governor's Executive Order 97-02; amend and add language to implement legislation (SSB 6387) the DDD state supplementary payment program .

WAC 388-853-010, 388-853-030, 388-853-035, and 388-853-080 Costs of care of mentally deficient persons residing in state institutions. Same. CR-102, CR-103

Correcting obsolete and incorrect WAC and RCW cross references.

Hrsa Division of Alcohol and Substance Abuse
Chapter 388-800 WAC Chemical dependency assistance programs. Same. CR-102, CR-103

Amending rules to implement SB 6482 removing the 180-day limit on treatment services.

Chapter 388-805 WAC Certification requirements for chemical dependency treatment providers. Opiate substitution treatment programs. CR-102

Amending and adopting rules implementing SSB 5417 on certifying opiate substitution treatment programs.

HRSA Division of Vocational Rehabilitation
Chapter 388-890 WAC Rehabilitation services for individuals with disabilities. Vocational rehabilitation and independent living case services to individuals with disabilities. CR-102

Amending rules to comply with changes in federal and state laws, and with requirements of the department. Vocational rehabilitation services will be moved to a new chapter of title 388 WAC.

WAC 490-500-520 (repeal and create new DVR chapter 388-XXX)

Purchase of services -- Selection criteria -- Community rehabilitation programs. Change standards for community rehabilitation programs. Create standards for assistive technology service providers. CR-102

Amending rules to comply with changes in federal and state laws, and with requirements of the department. Subject matter will be adopted as a new chapter of Title 388 WAC.

Juvenile Rehabilitation Administration
Chapter 388-700 WAC Juvenile rehabilitation administration -- Practices and procedures. Background checks. CR-101, CR-102, CR-103

Potential revisions due to changes in background check procedures.

Chapter 388-730 WAC

Placement of juvenile offenders committed to the juvenile rehabilitation administration. Residential facilities for minimum security classification youth. CR-101, CR-102, CR-103

Amending sections in this chapter to reflect changes in available residential facilities for minimum-security classification youth.

Chapter 388-740 WAC Juvenile parole revocation. Parole revocation process. CR-101, CR-102, CR-103

Potential rule changes for parole and revocation process clarification.

Chapter 388-750 WAC Impact account -- Criminal justice cost reimbursement. Reimbursement rates and procedures for criminal justice impact. CR-101, CR-102, CR-103

Potential rule changes to clarify reimbursement rates.

Medical Assistance Administration
Chapter 388-475 WAC SSI-related medical (new chapter). Same. CR-102, CR-103

Consolidating all supplemental security income (SSI)-related medical eligibility rules into new chapter.

WAC 388-500-0005

Medical definitions. Same. CR-102, CR-103

Updating the general definitions used throughout MAA rules.

WAC 388-502-0220, 388-502-0230, and 388-502-0260

Administration of medical programs -- Providers. Vendor dispute resolution. CR-102, CR-103

Updating vendor dispute resolution process.

WAC 388-527-2700 Estate recovery. Same. CR-102

Implementing changes from new federal guidelines for estate recovery.

Chapter 388-529 WAC Scope of medical coverage. Updating what is covered under each medical assistance program CR-102, CR-103

Amending rules to make them more consistent with current programs and services.

WAC 388-530-1100 Pharmacy services. Prescription drug mail order program. CR-101, CR-102, CR-103

Implementing legislative directives to provide a mail-order pharmacy option.

Chapter 388-530 WAC Pharmacy services. Prescription drug program. CR-103

Revising rules to make reimbursement policy consistent with program policy; adding new reimbursement methodology; and complying with new federal billing requirements.

Chapter 388-532 WAC

Family planning. TAKE CHARGE program (new). CR-102, CR-103

New rules to implement the pilot program to reduce unplanned pregnancies among women who are not MAA eligible, but who may become eligible if they became pregnant.

Chapter 388-532 WAC

Family planning services. Same. CR-102, CR-103

Organizes and clarifies rules for family planning services program and family planning only program.

WAC 388-533-1000 Maternity -- Related services. First Steps childcare program. CR-102, CR-103

Revisions to clarify and update language pertaining to background check requirements, and to mirror background check requirements of other agencies.

Chapter 388-533 WAC

(new sections)

Maternity -- Related services. Prenatal diagnosis and genetic testing. CR-101, CR-102

Codifying existing program requirements into rule.

Chapter 388-536 WAC Federally qualified health centers and rural health centers. Same. CR-102, CR-103

New WAC chapter will comply with federal financial changes, section 702 of BIPA 2000, and legislative directive to implement prospective payment system.

WAC 388-540-101

Kidney centers. Freestanding kidney centers. CR-102, CR-103

Implementing new payment methods and limits.

WAC 388-543-1000

DME definitions. Durable medical equipment -- Definitions. CR-103

Amending rules to be more consistent with Medicare terminology and guidelines; and to explain criteria for covered services.

WAC 388-543-1300

DME not covered. Personal computers used as speech generating devices (SGDS). CR-103

Amending rules to be more consistent with Medicare terminology and guidelines; and to explain criteria for covered services. SGD's were formerly known as augmentative communication devices.

WAC 388-543-2200

Speech generating devices. Update policy regarding personal computers used as SGDS. CR-103

Amending rules to be more consistent with Medicare terminology and guidelines; and to explain criteria for covered services.

WAC 388-543-1225 (new) DME provider requirements. Add section on provider requirements for proof of delivery. CR-102, CR-103

Establishing specific documentation requirements for providers of durable medical equipment.

Chapter 388-544 WAC Vision and hearing aid services. Same. CR-102, CR-103

Vision services -- Update.

Chapter 388-545 WAC (new sections) Therapies. Infusion therapy. CR-102, CR-103

Codifying existing program requirements into rule.

Chapter 388-545 WAC (new sections) Therapies. Medical nutrition. CR-101, CR-102, CR-103

Codifying existing program requirements into rule.

Chapter 388-545 WAC (new sections) Therapies. Exceptional therapies. CR-101, CR-102

Program eligibility and requirements.

Chapter 388-547 WAC (new chapter) Ambulatory surgery centers. Same. CR-102, CR-103

Placing program rules in a new chapter

WAC 388-550-1800 (repeal) Hospital services. Nutritional counseling. CR-102, CR-103

Combining subject matter with medical nutrition rules.

WAC 388-550-2501, 388-550-2511, 388-550-2521, 388-550-2531, 388-550-2541, 388-550-2551, 388-550-2561, 388-550-3381, and 388-550-3401 Hospital services. Acute physical medication and rehabilitation program. CR-102, CR-103

Incorporates language from contract into WAC and eliminating contract; clarifies and updates program policy.


WAC 388-550-2565, 388-550-2570, 388-550-2575, 388-550-2580, 388-550-2585, 388-550-2590, 388-550-2595, and 388-550-2596

Hospital services. Long term acute care (LTAC) program. CR-103

Adopting new rules to incorporate the LTAC pilot program into WAC.

Chapter 388-550 WAC:

WAC 388-550-2800, 388-550-4800, 388-550-5300, 388-550-5350, and 388-550-6000, 388-550-2600, 388-550-3600, 388-550-4500, 388-550-4900, 388-550-5100, 388-550-5150, 388-550-5200, 388-550-5400, 388-550-5600, 388-550-6800 (new), 388-550-6900 (new), 388-550-4300 and 388-550-4400;

Possible other sections

Hospital services. Same. CR-102, CR-103

Clarifies and updates language in hospital services sections, including trauma enhanced payment language and references to grants, state-administered and outpatient hospital rates and payment methods, and inpatient hospital psychiatric services.

WAC 388-551-1000, 1010, 1200, 1210, 1300, 1310, 1315, 1320, 1330, 1340, 1350, 1360, 1400, 1410, 1500, 1510, 1520, and 1530 Alternatives to hospital services. Hospice care program. CR-102, CR-103

Incorporating language from current agreements with hospice care centers into rule, and to update and clarify language.

WAC 388-551-2000, 388-551-2010, 388-551-2020, 388-551-2030 (new), 388-551-2100, 388-551-2110, 388-551-2120, 388-551-2130, 388-551-2200, 388-551-2210, and 388-551-2220 Home health services. Same. CR-103

Revisions to clarify and update language in home health services program and removes references to homebound.

Chapter 388-555 WAC

Interpreter services. Same. CR-102, CR-103

Changing how interpreter services are purchased and delivered. Implements legislative directive in SB 6832.

Chapter 388-556 WAC Medical care -- Other services provided. Disease management (new). CR-102, CR-103

Establishing a new supplemental service for individuals who are not institutionalized, not enrolled in managed care, and who suffer from certain diseases.

Chapter 388-556 WAC Medical care -- Other services provided. Blood banks. CR-101

Regulatory improvement action will codify payment practices.

Chapter 388-02 WAC DSHS hearing rules. Appeals of initial decisions by office of administrative hearings. CR-101, CR-102, CR-103

Amending rules to implement legislative budget reductions per SSB 6387.

Chapter 388-03 WAC and related chapters Rules and regulations for the certification of DSHS spoken language interpreters and translators. Language interpreter services and translations. CR-101, CR-102, CR-103

Amending rules to implement legislative directives per SB 6832 and legislative budget reductions.

WAC 388-01-015 (new) DSHS organization/Disclosure of public records. Does any provision of this title create a right or cause of action, or compel dshs to establish a program or entitlement? CR-103

Adopting a new rule to clarify department responsibilities regarding establishment of rights and claims of action and program entitlement

Chapter 388-01 WAC DSHS organization/Disclosure of public records. Public disclosure. CR-102

Updating and clarifying rules to reflect changes and improvements in procedures for responding to disclosure requests.

Explanation of terms as used in these tables:

CR-101 is a Preproposal Statement of Inquiry, filed per RCW 34.05.310. A CR-101 is a preliminary notice to the public that the agency is in the planning stages of adopting, amending or repealing rules on a particular subject, and cites the laws authorizing the agency's action. The notice also lets the public know how to participate in the development of the agency rules, and who is the agency's contact person on the rules. Most agency rule-making actions begin by publishing a CR-101 notice.

CR-102 is a Proposed Rule-Making notice, filed per RCW 34.05.320. A CR-102 is an announcement that includes: 1) a general description of the rules that the agency proposes to adopt, amend or repeal; 2) the laws authorizing the agency action; 3) the complete text of the proposed rules, including citations of any rules proposed for repeal; 4) if applicable, a small business economic impact statement; and 5) agency staff whom the public may contact about the rules. A CR-102 notice also includes the date and location of a public hearing to take formal comments about the proposed rules, the deadline for accepting written comments, and where written comments may be sent. Except for expedited rules adopted under RCW 34.05.353, an agency must file a CR-102 notice, accept public comments, and conduct a public hearing before adopting proposed rules as permanent rules.

CR-103 is a Rule-Making Order, filed per RCW 34.05.360. A CR-103 is the official action and notice that an agency is adopting new, amended or repealed rules. A CR-103 includes the purpose of the rule-making order, the laws authorizing the agency's action, and the complete text of the rules being adopted. Agencies also must use a CR-103 notice to adopt temporary emergency rules per RCW 34.05.350. Emergency rules may not become permanent unless the agency files a CR-102 notice (preceded by a CR-101 notice where applicable), invites public comment on the proposed rules, conducts a public hearing, complies with other rule-making statutes, and files a CR-103 permanent rule-making order.

All rule-making notices and orders described above are filed with the state Office of the Code Reviser and are published in the Washington State Register. Interested parties may receive copies of DSHS rule-making notices and orders by postal or electronic mail by contacting the DSHS Rules and Policies Assistance Unit, at (360) 664-6097, or by e-mail at

Washington State Code Reviser's Office