WSR 06-16-060

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed July 28, 2006, 11:13 a.m. ]

Following is the department of social and health services' semi-annual rule-making agenda for July 1, 2006, through December 31, 2006. 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/.

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, 2006, through December 31, 2006



This rule agenda identifies and describes rules under development by DSHS administrations, divisions and other operating units from July 1, 2006, through December 31, 2006, as well as rules permanently adopted or notices withdrawn since the January-June 2006 rules agenda. DSHS files a rule-making agenda with the office of the code reviser twice each year to comply with RCW 34.05.314. There may be additional DSHS rule-making activity that cannot be forecasted as the department initiates rule making to implement new state laws, to meet federal requirements, or to meet unforeseen circumstances. This document is available at the DSHS public rule-making web site, http://www1.dshs.wa.gov/msa/rpau/.

If you have questions about this rule-making agenda or DSHS rule making under the Administrative Procedure Act, please contact Andy Fernando, DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, phone (360) 664-6094, or by e-mail FernaAX@dshs.wa.gov.

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 mailing lists, at http://www1.dshs.wa.gov/msa/rpau/RPAU-Listserv.htm.
If you would like to receive paper copies of DSHS rule-making notices by postal mail, please contact Stephanie Schiller, Rules Consultant, (360) 664-6097, or by e-mail SchilSE@dshs.wa.gov.
Following the tables are explanations of the terms "preproposal notice," "proposed rule," "expedited rule," "permanent rule," "emergency rule," "WSR" and other selected terms used in this rule-making agenda.


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)
Chapter

388-820 (new chapter name and subject), and other related rules

Support intensity scale module Defining requirements for administering the new module for clients authorized to receive supportive living services. Mark Eliason,

ADSA-DDD

WSR

05-23-132


Filed

11/21/05

Chapters

388-821 (new);

388-825 WAC

Companion homes and alternative living program Moving standards for these services from current chapter 388-825 WAC. Saif Hakim,

ADSA-DDD

WSR

06-07-086


Filed

3/14/06

Chapter

388-825 WAC

DDD services rules Establishing a flexible family support pilot program for families providing care for family members with developmental disabilities. Steve Brink,

ADSA-DDD

WSR

06-10-030


Filed

4/27/06

WAC

388-825-105,

388-825-130,

388-825-145, and

388-825-155

DDD services rules Amending the time frames for giving notice to residents of a state residential habilitation center being transferred to the community per RCW 71A.20.080, and for timeframes for appealing a transfer. Steve Brink,

ADSA-DDD

WSR

06-03-116


Filed

1/17/06

WSR

06-07-074


Hearing

4/25/06

WSR

06-10-055


Effective

6/1/06

WAC

388-825-120

DDD services rules Clarifying that clients have a right to an administrative hearing if the department reduces or terminates services previously authorized in an exception to rule. Steve Brink,

ADSA-DDD

WSR

06-11-081


Filed

5/16/06

WSR

06-11-060


Filed

5/12/06

To be filed in early August 2006


Hearing

9/5/06

WAC

388-825-228 and

388-825-254

DDD services rules Increasing vendor and individual provider rates as directed in the 2005-07 state operating budget, chapter 518, Laws of 2005. Shirley Everard,

ADSA-DDD

WSR

05-15-094


Filed

7/15/05

WSR

06-08-049


Hearing

5/9/06

WSR

06-11-082


Effective

6/16/06

WAC

388-825-560

Flexible family support pilot program Amending the rule consistent with recent state law regarding reimbursement to parents who have purchased necessary goods and services for the care and support of their family member. Steve Brink,

ADSA-DDD

WSR

06-10-054


Filed

5/1/06

WSR

06-10-030


Filed

4/27/06

To be filed in early August 2006
WAC

388-827-0115 and

388-827-0145

DD State supplementary payments Expanding the population that is eligible to get DD-SSP to include certain individuals in residential settings; and other purposes. Steve Brink,

ADSA-DDD

WSR

06-14-060


Filed

6/30/06

WSR

06-14-061


Filed

6/30/06

Chapter

388-828 WAC (new) and related rules

DDD Assessment Defining requirements for administering the assessment to eligible clients with developmental disabilities. Mark Eliason,

ADSA-DDD

WSR

05-23-133


Filed 11/21/05

Chapter

388-828A WAC (new) and related rules

DDD plan of care module Adopting new rules defining requirements for implementing a plan of care module for eligible clients with developmental disabilities. Mark Eliason,

ADSA-DDD

WSR

06-02-072


Filed

1/3/06

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 reimburse-ment system Amending language to reflect new rates for intermediate care facilities for the mentally retarded. Jeannie Johnson,

ADSA-DDD

Planned for future action
Chapter

388-845 WAC

Home and community based services waivers Amending the procedures for administering the DDD home and community based services waivers consistent with federal approvals. Steve Brink,

ADSA-DDD

WSR

06-15-050


Filed

6/12/06

(WAC 388-845-0205 and 388-845-0210)

WSR

06-09-013


Filed

4/10/06

Chapter

388-850 WAC

County plan for developmental disabilities Rewriting rules in "plain talk" format and clarifying language. Jeannie Johnson,

ADSA-DDD

Planned for future action
Chapter

388-853 WAC

Cost of care for mentally deficient persons residing in state institutions Repealing all sections in this chapter. The same subject matter is covered in chapter 388-835 WAC and rules in chapter 388-853 WAC are now obsolete. Jeannie Johnson,

ADSA-DDD

WSR

05-15-096


Filed

7/15/05

ADSA - Home and Community Services (HCS)
Chapter

388-106 WAC

Long-term care services Adopting new rules on the New Freedom consumer directed services program, including eligibility criteria, available services, and enrollment/disenrollment. Rosemary Biggins,

ADSA-HCS

WSR

05-05-080


Filed

2/15/05

WSR

06-11-018


Hearing

6/27/06

WSR

06-16-035


Effective

8/25/06

Chapter

388-106 WAC

Long-term care services Adding eligibility criteria and implementing the Washington Medicaid integration partnership (WMIP). Tiffany Sevruk,

ADSA-HCS

WSR

05-06-083


Filed

3/1/05

WSR

06-14-059


Hearing

8/8/06

Chapter

388-106 WAC

Long-term care services Clarifying portions of rules recently adopted, and adding new rules on scope of long-term care services; services provided; assessment; and specific services. Kristi Knudsen,

ADSA-HCS

WSR

06-05-099


Filed

2/14/06

WAC

388-106-0047 (new)

Long-term care services Clarify eligibility; denial and termination when conditions in the client's home are hazardous; or when the client refuses services essential to his or her plan of care. Carol Sloan,

ADSA-HCS

WSR

05-01-128


Filed 12/15/04

WSR

05-15-146

1st hearing

8/23/05


2nd proposal, WSR 05-20-080

2nd Hearing

11/8/05


3rd proposal

WSR

06-09-091


3rd hearing

5/23/06

To be filed in early August 2006
Chapter

388-106 WAC and other chapters

Long-term care services Clarifying what may change: The maximum number of hours of in-home long-term care a client may receive; the maximum payment rate; and a client's administrative hearing rights when care hours or payment rates previously approved as an exception to rule are terminated or reduced. Tiffany Sevruk,

ADSA-HCS

WSR

06-11-151


Filed

5/23/06

WSR

06-11-084


Filed

5/16/06

WAC

388-112-0010 and

388-112-0250

Residential long-term care Correcting errors and obsolete cross references in these rules without changing their effect. Barbara Hanneman, ADSA-HCS Exempt WSR

06-04-087


Hearing

3/7/06

To be filed in early August 2006
WAC

388-513-1330 and

388-513-1363

Eligibility for long-term care services Revising rules regarding the transfer of assets for clients found eligible for long-term care services due to the federal Deficit Reduction Act, PL 109-171. Lori Rolley,

ADSA-HCS

WSR

06-10-045


Filed

4/28/06

WSR

06-10-020


Filed

4/24/06

WAC

388-513-1350

Maximum resources allowed and resource available for long-term care services Changing the spousal resource maximum effective July 1, 2005, and the community spousal share maximum effective July 1, 2006, and implementing federal law regarding disqualifying long-term care assistance for individuals with home equity in excess of $500,000 effective May 1, 2006. Lori Rolley,

ADSA-HCS

WSR

06-10-033


Filed

4/27/06

WSR

06-10-019


Filed

4/24/06

Replaced WSR

05-13-139

WAC

388-513-1360

Client not in own home - Institutional medical Repealing the rule. Information from this rule may be moved to WAC 388-513-1350. Lori Rolley,

ADSA-HCS

WSR

05-13-131


Filed

6/20/05

WAC

388-513-1380

Financial participation in the cost of long-term care services Implementing July 1, 2006, increases in the: Personal needs allowance for clients living in medical institutions, community spouse income and family allowance; and community spouse housing allowance. Lori Rolley,

ADSA-HCS

WSR

06-14-039


Filed

6/28/06

WSR

06-14-033


Filed

6/28/06

WAC

388-515-1550

Medically needy in-home waiver (MNIW) Increasing the personal needs allowance for MNIW to match the personal needs allowance for the categorically needy waiver program. Lori Rolley,

ADSA-HCS

WSR

06-14-038


Filed

6/28/06

WSR

06-12-092


Filed

6/6/06

ADSA - Office of Rates Management
Chapter

388-105 WAC

Medicaid rates for contracted home and community residential care services Accepting payments, or other items from clients, friends or family. Patricia Hague,

ASDA-Office of Rates Management

WSR

04-10-089


Filed

5/4/04

Chapter

388-105 WAC

Medicaid rates for contracted home and community residential care services Vendor rate increase; capital add-on rate. Patricia Hague,

ADSA-Office of Rates Management

(WSR 04-20-100 replaces WSR 04-06-088)

WSR

04-20-100


Filed

10/5/04

WAC

388-105-0005,

388-105-0035, and

388-105-0045

Medicaid rates for contracted home and community residential care services Implementing: The vendor rate increases; and requirements for a capital add-on rate for contracted boarding homes, approved by the 2006 legislature. Patricia Hague,

ADSA-Office of Rates Management

WSR

06-13-027


Filed

6/13/06

WSR

06-08-032


Filed

3/28/06

To be filed in early August 2006


Hearing

9/5/06

Amending WAC

388-105-0005 and

388-105-0045, and repealing WAC

388-105-0010, 388-105-0020, 388-105-0025, 388-105-0030, and

388-105-0040

Medicaid rates for contracted home and community residential care services Updating the home and community residential rates from a four-level payment system to the comprehensive assessment reporting evaluation payment levels; reflecting the July 1, 2005, vendor rates; and clarifying the bed-hold sections regarding third-party payment and absences of less than twenty-four hours. Patricia Hague,

ASDA-Office of Rates Management

WSR

05-13-127


Filed

6/20/05

WSR

06-03-119


Hearing

2/21/06

WSR

06-07-013


Effective

4/3/06

WAC

388-105-0035

Medicaid rates for contracted home and community residential care services Limiting the capital add-on rate limit to licensed boarding homes with assisted living facilities and a minimum Medicaid occupancy percentage. Patricia Hague,

ASDA-Office of Rates Management

See

WSR

05-13-127


Filed

6/20/05

WSR

06-03-118


Hearing

2/21/06

WSR

06-07-012


Effective

4/3/06

ADSA - Residential Care Services (RCS)
Chapter

388-76 WAC

Adult family homes Updating the rules to comply with statutes, simplifying language, clarifying issues, and reorganizing the chapter. Roger Woodside,

ADSA-RCS

WSR

06-09-084


Filed

4/18/06

WAC

388-78A-2020

Boarding home licensing rules Updating the definitions section to be consistent with definitions in state law. Denny McKee,

ASDA-RCS

Exempt WSR

06-10-032


Hearing

6/6/06

WSR

06-13-028


Effective

7/14/06

Chapter

388-101 WAC

Certified community residential services and supports Adopting new or revising rules on health and safety, community protection, assessments, appeals, and other provisions.

Permanent rule effective date extended to 10/1/06 - See WSR 06-11-103.

John Gaskell,

ASDA-RCS

WSR

05-07-132 (replaces WSR

05-01-127)


Filed

3/22/05

WSR

06-06-075


Hearing

4/4/06

WSR

06-09-090

and

06-11-103


Effective

10/1/06

Chapter

388-101 WAC

Certified community residential services and supports Adopting rules on reports and investigation of abuse; requiring transportation providers to be licensed and insured as required by law. John Gaskell,

ASDA-RCS

WSR

05-07-132


Filed

3/22/05

WSR

06-11-152


Hearing

6/27/06

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

388-32-0030

Child welfare services to prevent out of home placement and achieve family reconciliation Adopting a new evidence-based service option for Family Reconciliation Services that may require more than twelve hours of counseling or take longer than forty-five days. Tim Kelly,

Children's Administration

WSR

06-02-074


Filed

1/3/06

WSR

06-08-094


Hearing

5/9/06

WSR

06-11-080


Effective

6/16/06

Chapter 388-39A WAC Child welfare services -- Complaint resolution Same. Children's Administration Planned for future action
Chapter

388-61A WAC

Shelters for victims of family violence Clarifying confidentiality requirements, fire safety requirements, and appeal rights. Susan Hannibal,

Children's Administration

WSR

03-22-087


Filed

11/5/03

WAC

388-148-0010 and

388-148-0120, and related rules

Foster care reporting Adopting rules to require foster parents to report within certain time frames when a child in foster care is missing. Maureen Kelly,

Children's Administration

WSR

06-10-046


Filed 4/28/06

WSR

06-10-031


Filed

4/27/06

Chapter

388-149 WAC

Licensing standards for special model foster homes Developing consistent standards and providing for regular monitoring. Deborah Reed,

Children's Administration

WSR

01-15-080

Withdrawn, See WSR

06-15-038

ESA - Community Services Division (CSD)


No current rule-making activity

ESA - Division of Child Care and Early Learning (DCCEL)
NOTE: When chapter 265, Laws of 2006, became effective on July 1, 2006, DCCEL became part of the new department of early learning and is no longer a unit of DSHS. DSHS-DCCEL preproposal notices described in this section have been or will be withdrawn, and similar preproposal notices may be filed by the department of early learning as appropriate to continue these actions. Contact Carla Gira at (360) 725-4682 regarding child care licensing rules that are now managed by the department of early learning.
The following DSHS child care licensing WAC chapters and sections have been moved (recodified) to corresponding department of early learning rules in Title 170 WAC. See WSR 06-14-067:
Previous DSHS WAC

Chapter 388-150

WAC 388-155-080

Chapter 388-292

Chapter 388-295

Chapter 388-296

Now located in DEL WAC:

Chapter 170-26

WAC 170-24-0315

Chapter 170-15

Chapter 170-22

Chapter 170-24

Subject Matter

School-age child care center minimum licensing requirements.

Child care business regulations for family home child care.

Seasonal child care program.

Minimum licensing requirements for child care centers.

Child care business regulations for family home child care.

WAC

388-290-0125

and

388-292-0085

Working connections child care (WCCC)

Seasonal child care

Requiring a social security number or employer identification number (SSN / EIN) for providers who wish to accept child care subsidies. Sheri-Bruu-DeLeon,

DEL

WSR

06-01-041


Withdrawn, see WSR

06-07-030

WAC

388-290-0045,

388-290-0190

Working connections child care (WCCC) Implementing the governor's WorkFirst re-design; updating cross references in related rules; clarifying WCCC eligibility and payment requirements. Sheri-Bruu Deleon WSR

06-04-020


Filed

1/23/06

WSR

06-09-085


Hearing

5/23/06

WSR

06-12-094


Effective

7/7/06

WAC

388-290-0273

Working connections child care Amending the rule to allow WCCC payment if the child care providers has documentation of attendance records. Sally Reigel,

DEL

WSR

06-08-033

Chapter

388-295 WAC

Minimum licensing requirements for child care centers Correcting errors made previously, and reflecting new federal food code requirements. Liz Egge,

DEL

WSR

05-08-059


Withdrawn, see WSR

06-13-011

Chapter

388-296 WAC

Minimum licensing requirements for family home child care Correcting errors and clarifying rules, and revising regulations related to fire safety. Joel Roalkvam,

DEL

WSR

05-07-131


Withdrawn, see WSR

06-13-011

Chapter

388-296 WAC

Minimum licensing requirements for family home child care Revising rules as requested by rule-making petition, and clarifying other rules without changing their effect. Judy Jaramillo WSR

06-01-043


Filed

12/15/05

Chapter

388-296 WAC

Minimum licensing requirements for family home child care Revising rules to include: STARS (state training and registry system); federal employer identification numbers requirements; and corporal punishment rules. Judy Jaramillo,

DEL

WSR

06-01-042


Withdrawn, see WSR

06-13-011

ESA Division of Child Support (DCS)
Chapter

388-14A WAC

Division of child support rules Adopting rules regarding distributing child support payments by electronic funds transfer or stored value cards instead of by check. Nancy Koptur,

ESA-DCS

WSR

06-02-075


Filed

1/3/06

Chapter

388-14A WAC

Division of child support rules Adopting rules to comply with 2006 state laws regarding the Uniform Interstate Family Support Act, and to comply with the state plan under Title IV-D of the Social Security Act. Nancy Koptur,

ESA-DCS

WSR

06-09-014


Filed

4/10/06

WAC

388-14A-1020, 388-14A-3140, 388-14A-3370, 388-14A-3600, 388-14A-3810, 388-14A-6300, and other related rules

Division of child support rules Court ordered parenting plans; equal time custody split. Nancy Koptur,

ESA-DCS

WSR

04-09-036


Filed

4/13/04

WAC

388-14A-3200,

388-14A-8100,

388-14A-8125, and

388-14A-8130

Division of child support rules Clarifying procedures regarding completion of worksheets under the state child support schedule in a foster care case. Nancy Koptur,

ESA-DCS

WSR

06-02-073


Filed

1/3/06

WSR

06-13-026


Hearing

7/25/06

To be filed in early August 2006
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

WAC

388-14A-3900 to

388-14A-3925

Division of child support rules Modifying a support order when it will not change by more than the current standard. Nancy Koptur,

ESA-DCS

WSR

01-13-020


Filed

6/11/01

WAC

388-14A-3115,

388-14A-3120,

388-14A-3140,

388-14A-3320,

and

388-14A-6300

Division of child support rules Revising rules on payments on child support arrearages. Nancy Koptur,

ESA-DCS

WSR

03-23-106


Filed 11/18/03

WSR

06-06-038


Hearing

4/4/06

WSR

06-09-015


Effective

5/11/06

WAC

388-14A-4500,

388-14A-4505,

388-14A-4510,

388-14A-4515,

388-14A-4520,

388-14A-4525, and

388-14A-4530

Division of child support rules Clarifying and establishing clearer standards for when the department may suspend and/or release licenses to improve predictability and consistency in the program. Nancy Koptur,

ESA-DCS

WSR

06-10-079


Filed

5/2/06

ESA - Division of Employment and Assistance Programs (DEAP)
Chapters

388-310 and

388-484 WAC

WorkFirst,

TANF/SFA five-year time limits

Insuring that recipients receive employability evaluations; establishing termination criteria; modifying time limit extension approval criteria. Sandy Jsames,

ESA-DEAP

WSR

05-22-099


Filed

11/1/05

WSR

06-04-069


Hearing

3/7/06

WSR

06-08-048


Effective

5/1/06 and


WSR

06-08-044


Effective

6/1/06

WAC

388-290-0020,

388-310-0800,

388-310-1600,

388-406-0010, 388-406-0065,

388-460-0020, 388-460-0055,

388-484-0005, and

388-484-0006

WorkFirst and related chapters Implementing recommendations of the governor's WorkFirst re-examination workgroup regarding the noncompliance sanction policy. Sandy Jsames,

ESA-DEAP

WSR

05-22-099


Filed

11/1/05

WSR

06-06-084 and

06-06-085


Hearing

4/4/06

WSR

06-10-034

and

06-10-035


Effective

6/1/06

WAC

388-310-0300 and

388-310-1450

WorkFirst Clarifying WorkFirst infant care exemptions. Aurea Figueroa,

ESA-DEAP

WSR

05-20-085


Filed

10/4/05

Multiple chapters 388-400 through

388-492 WAC

Assistance rules Revising eligibility rules for the state Basic Food program, Washington combined application project, temporary assistance to needy families, state financial assistance and other programs. John Camp,

ESA-DEAP

WSR

05-08-091


Filed

4/1/05

Several proposals, see WSR

05-18-065,

05-18-067,

05-20-053,

05-20-054,

06-01-088, and

06-10-053

For final rules, see WSR

05-22-075,

05-23-081,

05-23-082,

and

06-13-043

WAC

388-400-0005,

388-400-0025,

388-400-0040,

388-418-0007,

388-418-0011, and

388-418-0020

Six-month reporting process Updating and streamlining the rules to prevent clients who receive benefits from more than one program from receiving multiple reports. John Camp,

ESA-DEAP

WSR

05-21-095


Filed

10/18/05

WSR

06-10-053


Hearing

6/6/06

WSR

06-13-043


Effective

7/17/06

Chapter

388-406 WAC

Applications Clarifying delayed processing and actions on applications for food assistance that are thirty days old to be consistent with federal rules. Rebecca Henrie,

ESA-DEAP

WSR

06-14-037


Filed

6/28/06

WAC

388-406-0005

Applying for assistance Adopting rules on processing applications from persons with serious mental illness to assure that medical benefits are reinstated when the person leaves a public institution. Doug Sevin,

ESA-DEAP

WSR

05-23-110


Filed

11/18/05

WSR

06-04-045


Hearing

3/7/06

WSR

06-08-047


Effective

5/1/06

WAC

388-406-0055,

388-408-0035,

388-489-0005,

388-489-0010,

388-489-0015,

388-489-0020,

and

388-489-0025

Transitional food assistance (TFA) and related rules The department is reviewing options selected in the initial implementation of TFA, and plans to adjust program eligibility consistent with the TFA program purposes. John Camp,

ESA-DEAP

WSR

05-23-011


Filed

11/4/05

WAC

388-408-0035

Who is in my assistance unit for Basic Food? Updating the rule for status of mandatory assistance unit members to comply with federal guidance. Rebecca Henrie,

ESA-DEAP

WSR

05-20-084


Filed

10/4/05

WAC

388-408-0040

Eligibility for food assistance Revising rule allowing persons living in certain drug or alcohol treatment centers to receive food assistance benefits. John Camp,

ESA-DEAP

WSR

06-12-091


Filed

6/6/06

WAC

388-410-0020,

388-410-0025,

388-410-0030, and

388-410-0033

Overpayments of assistance Amending rules to meet federal requirements regarding establishing and collecting food stamp overpayment claims. John Camp,

ESA-DEAP

WSR

06-14-043


Filed

6/28/06

WAC

388-426-0005

Client complaints Revising the rule to comply with federal food stamp regulations. John Camp,

ESA-DEAP

WSR

06-03-018


Filed

1/6/06

WSR

06-07-076


Hearing

4/25/06

WSR

06-10-057


Effective

6/1/06

Chapter

388-444 WAC

Food stamp employment and training Revising rules to support expansion of the department's food stamp employment and training pilot project, and to clarify program requirements and make rules consistent with federal rules. Nick Espinosa,

ESA-DEAP

WSR

06-13-088


Filed

6/20/06

WAC

388-448-0010

Progress evaluation process Replacing an obsolete reference in the rule to the Dictionary of Occupational Titles. Logan McGregor [MacGregor],

ESA-DEAP

WSR

16-13-010 [06-13-010]


Filed

6/9/06

WAC

388-450-0005,

388-450-0015,

and

388-450-0175

Income Updating policy on how the department treats various sources of income when determining eligibility and benefits. John Camp,

ESA-DEAP

WSR

05-21-094


Filed

10/18/05

WSR

06-04-044


Hearing

3/7/06

WSR

06-07-078


Effective

5/1/06

WAC

388-450-0015,

388-450-0035,

388-470-0045,

388-470-0055, and related sections

Income and resources counted for food assistance Amending rules consistent with federal law regarding exclusion for certain types of educational income, interest or dividend income, and retirement savings. John Camp,

ESA-DEAP

WSR

06-07-147


Filed

3/21/06

WAC

388-450-0045

Income from employment and training programs Amending the rule consistent with federal guidance on counting payments from federal VISTA and Americorps VISTA as income. John Camp,

ESA-DEAP

WSR

06-10-044


Filed

4/28/06

WSR

06-13-089


Hearing

7/25/06

WAC

388-450-0080

What is self-employment income? Clarifying criteria for when earned income is considered a person's self-employment income when determining eligibility for assistance. Rebecca Henrie,

ESA-DEAP

WSR

05-21-094


Filed

10/18/05

WSR

06-11-101


Hearing

6/27/06

WSR

06-15-049


Effective

9/1/06

WAC

388-450-0085

Income Clarifying deductions allowed from countable income for applicants who are self employed. John Camp,

ESA-DEAP

WSR

05-21-094


Filed

10/18/05

WSR

06-05-020


Hearing

3/21/06

WSR

06-08-045


Effective

4/30/06

WAC

388-450-0185,

388-450-0190,

388-450-0195,

388-478-0060,

388-492-0040, and

388-492-0070

Annual updates to standards in rule Amending all necessary rules to implement annual federal adjustments standards for federal fiscal year 2007. John Camp,

ESA-DEAP

WSR

06-11-059


Filed

5/12/06

WAC

388-450-0195

Utility allowances for Basic Food programs Amending utility allowances used to determine client eligibility to allow for higher home heating costs. John Camp,

ESA-DEAP

WSR

06-03-117


Filed

1/17/06

WSR

06-07-075


Hearing

4/25/06

WSR

06-10-056


Effective

6/1/06

WAC

388-450-0200

Income Revising how medical expenses for the elderly or persons with disabilities is counted or excluded when applying for food benefits. Rebecca Henrie,

ESA-DEAP

WSR

05-08-091


Filed

4/1/05

WSR

06-01-088


Hearing

1/24/06

WSR

06-04-070


Effective

4/1/06

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 un-related children in their care. Tom Berry,

ESA-DEAP

WSR

06-09-037


Filed

4/13/06

Chapter

388-460 WAC

Payees on benefit issuances Adopting changes to protective payee policies. Brent Low,

ESA-DEAP

WSR

01-23-067


Filed

11/20/01

WAC

388-478-0055

State supplemental payments Increasing SSP payments to persons residing in nursing homes as directed by recent state law. Logan MacGregor,

ESA-DEAP

WSR

06-12-040


Filed

5/31/06

Effective

7/1/06

WSR

06-07-146


Filed

3/21/06

WSR

06-12-040


Hearing

7/11/06

To be filed in early August 2006
WAC

388-492-0040

Washington combined application program Revising the rule if needed to implement changes in the federal demonstration project waiver regarding client choice to participate in WASHCAP or apply for Basic Food benefits. Rebecca Henrie,

ESA-DEAP

WSR

06-14-044


Filed

6/28/06

Health and Recovery Services Administration (HRSA)
HRSA - Alcohol and Substance Abuse (ASA)
Chapter

388-800 WAC

Chemical dependency assistance programs Clarifying rules; updating references to patient eligibility standards; clarifying the process for secondary ADATSA clients. Earl Long,

HRSA-ASA

WSR

05-02-065


Filed

1/4/05

Chapter

388-805 WAC

Certification requirements for chemical dependence service providers Implementing changes required by chapter 70, Laws of 2005 and chapter 166, Laws of 2004, regarding chemical dependency treatment services. Deb Cummins,

HRSA-ASA

WSR

05-17-191


Filed

8/24/05

WSR

06-06-014


Hearing

4/25/06

WSR

06-11-096


Effective

6/17/06

Chapter

388-810 WAC

Administration of county chemical dependency prevention, treatment, and support program Clarifying rules; updating definition and requirements for a county designated chemical dependency specialist. Dennis Malmer,

HRSA-ASA

Planned for future action
HRSA - Mental Health (MH)
Chapter

388-865 WAC

Community mental health and involuntary treatment programs Amending, adopting or repealing rules to implement recent state laws: Chapters 503 and 504, Laws of 2005; and Laws of 2006. Paul DesJardien,

HRSA-MH

WSR

06-07-145


Filed

3/21/06

WSR

06-12-085


Hearing

7/25/06

WAC

388-865-0201 and

388-865-0203

Repeal

Regional support networks Repealing these sections regarding mental hospital bed allocations and RSN funding allocations that were made obsolete by passage of 2006 session laws. Paul DesJardien,

HRSA-MH

WSR

06-03-038


Filed

4/13/06

WSR

06-07-145


Filed

3/21/06

WSR

06-14-085


Hearing

8/8/06

WAC

388-865-0100 through

388-865-0484

Community mental health and involuntary treatment programs Revising rules consistent with the Federal Balanced Budget Act, and for quality improvement. Paul DesJardien,

HRSA-MH

WSR

03-08-077


Filed

4/1/03

WAC

388-865-0201

Community mental health and involuntary treatment programs Implementing the freedom of choice federal waiver; and to implement chapter 518, Laws of 2005. Paul DesJardien,

HRSA-MH

WSR

05-14-072


Withdrawn, see WSR

06-15-035

HRSA - Medical Assistance (MA)
WAC

388-408-0055

Medical assistance units Amending the rule allowing families to be considered as one medical assistance unit when all family members are found to be Medicaid eligible. Joanie Scotson,

HRSA-MA

WSR

06-11-102


Filed

5/17/06

WAC

388-416-0020

Certification periods for medical coverage Clarifying that the medically needy (MN) effective date begins the first day of the base period. Wendy Forslin,

HRSA-MA

WSR

06-01-086


Filed

12/20/05

WAC

388-438-0110

Alien emergency medical (AEM) program Clarifying that AEM clients can receive categorically needy scope of care, but only if it relates to the emergency medical condition for which the client was found eligible. Joanie Scotson,

HRSA-MA

WSR

06-14-041


Filed

6/28/06

WAC

388-478-0075 and

388-478-0085

Standards for payments Amending the rules to explain the basis for standards based on percentage multiples of the federal poverty level rate. Mary Beth Ingram,

HRSA-MA

WSR

06-16-034


Filed

7/25/06

WSR

06-06-074


Filed

2/28/06

WSR

06-09-087


Hearing

5/23/06

WSR

06-16-026


Effective

8/24/06

WAC

388-490-0005

Eligibility for medical assistance Requiring proof of citizenship for persons applying for or receiving Medicaid, to comply with recent federal law. Joanie Scotson,

HRSA-MA

WSR

06-15-001


Filed

7/5/03

WSR

06-14-042


Filed

6/28/06

Chapters

388-500,

388-501,

and

388-529 WAC, other chapters as appropriate

Updating several chapters Clarifying and correcting inaccurate, outdated, or inconsistent information; and correcting obsolete cross references. Kevin Sullivan,

HRSA-MA

WSR

05-17-140


Filed

8/19/05

WAC

388-501-0135

Patient review and restriction Allowing the department to restrict a client to one narcotic prescriber. Kathy Sayre,

HRSA-MA

WSR

05-06-079


Filed

3/1/05

WSR

06-08-096


Hearing

5/9/06

WSR

06-14-062


Effective

7/31/06

WAC

388-502-0100,

388-519-0100,

and

388-865-0217

Covered emergency services Clarifying the emergency medical expense requirement (EMER) policy. Ann Myers,

HRSA-MA

WSR

06-03-019


Filed

1/6/06

WSR

06-09-086


Hearing

5/23/06

WSR

06-13-042


Effective

7/16/06

WAC

388-502-0150

Administration of medical programs Extending the time limit to submit a claim after Medicare has processed the claim. Diane McMasters,

HRSA-MA

WSR

04-23-100


Filed

11/17/04

WAC

388-502-0160

Administration of medical programs Updating and clarifying the scope of the rule. Wendy Boedigheimer,

HRSA-MA

WSR

04-16-087


Filed

8/2/04

WAC

388-502-0160

Administration of medical programs Implementing budget reductions directed by the legislature. Wendy Boedigheimer,

HRSA-MA

WSR

04-07-088


Withdrawn, see WSR

06-14-063

WAC

388-503-0505

General eligibility requirements for medical programs Requiring clients who are entitled to Medicare benefits and applying for Medicaid to enroll in Medicare Parts A, B, and D. Carole McRae,

HRSA-MA

WSR

06-11-085


Filed

5/16/06

Chapter

388-517 WAC

Medicare savings programs Revising rules to reflect federal requirements on copayments, policies and program eligibility. Carole McRae,

HRSA-MA

WSR

05-17-137


Filed

8/19/05

Chapter

388-526 WAC

Medical assistance administrative hearings Defining the scope of the rule and adding procedural requirements to MA's client hearing process. Kevin Sullivan,

HRSA-MA

WSR

04-04-096


Withdrawn, see WSR

06-16-025

Chapter

388-527 WAC

Estate recovery Revising the rule chapter to implement 2005 legislation (SHB 2304). Wendy Boedigheimer,

HRSA-MA

WSR

05-19-125


Filed

9/20/05

WSR

06-03-046


Hearing

3/7/06

WAC

388-531-0275

Physician-related services Revising medical teaching and residency programs. Wendy Boedigheimer,

HRSA-MA

WSR

03-08-084


Withdrawn, see WSR

06-16-025

Chapter

388-535 WAC

Dental related services Amending rules in this chapter to update and clarify current adult dental program policy. Kathy Sayre,

HRSA-MA

WSR

05-21-093


Filed

10/18/05

Chapter

388-535 WAC

Access to baby and child dentistry (ABCD) Updating current policy for the ABCD program. Kathy Sayre,

HRSA-MA

WSR

05-20-086


Filed

10/4/05

Chapter

388-537 WAC

School services Amending the rule on school medical services for students in special education programs to comply with federal rules. Wendy Boedigheimer,

HRSA-MA

WSR

05-15-095


Filed

7/15/05

WAC

388-540-001 through

388-540-065; related rules

Kidney disease program (state funded) Revising rules so that the state-funded program mirrors Medicaid policy. Wendy Boedigheimer,

HRSA-MA

WSR

05-22-047


Being withdrawn in August 2006

WAC

388-542-0010

Purpose and scope of the state children's health insurance program (SCHIP) Adding language to clarify that an unborn child is eligible for SCHIP coverage when the mother is ineligible for Medicaid. Joanie Scotson,

HRSA-MA

WSR

05-22-098


Filed

11/1/05

WSR

06-12-093


Hearing

7/11/06

WSR

06-15-134


Effective

8/19/06

Chapter

388-549 WAC

Rural health clinics Replacing the cost-based reimbursement methodology with the prospective payment system per the federal Benefit Improvement and Protection Act. Wendy Boedigheimer,

HRSA-MA

WSR

05-16-083


Filed

8/1/05

Chapter

388-550 WAC

Hospital services Revising rule regarding the certified public expenditure (CPE) program; disproportionate share hospitals; trauma program; psychiatric indigent inpatient disproportionate share hospital payment; bad debt policies; the upper payment limit for inpatient hospital services. Kathy Sayre,

HRSA-MA

WSR

05-13-076


Filed

6/13/05

WSR

06-08-095


Hearing

5/9/06

WSR

06-11-100


Effective

6/17/06

WAC

388-550-2600 and related sections

Hospital services Insuring that Medicaid funds pay only for inpatient psychiatric services for Medicaid clients. Kathy Sayre,

HRSA-MA

WSR

05-08-089


Filed

4/1/05

WAC

388-550-2650

Hospital services Adopting two separate bases for community psychiatric hospital payment rates for Medicaid and non-Medicaid clients. Kathy Sayre,

HRSA-MA

WSR

06-14-086


Filed

7/3/06

WSR

05-14-145


Filed

7/5/05

WAC

388-550-2900

Hospital services Clarifying what the department pays for certain screening tests of newborn infants in addition to the DRG (diagnostic-related group) payment. Kathy Sayre,

HRSA-MA

WSR

05-16-082


Filed

8/1/05

Chapter

388-551 WAC

Alternatives to hospital services Updating and clarifying current program policy and establishing a tiered health care plan. Kathy Sayre,

HRSA-MA

WSR

05-19-120


Filed

9/20/05

Chapter

388-557 WAC, repealing all sections of this chapter

Disease management program Repealing all sections of this chapter no longer needed because the pilot disease management program ended June 30, 2006. New rules will be adopted creating a chronic care management program. Kevin Sullivan,

HRSA-MA

N/A Expedited Rule

WSR

06-15-100


Objection period ends

9/18/06

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. Cheryl Sullivan-Colglazier,

JRA

Planned for future action
Chapter

388-740 WAC

Juvenile parole revocation Potential revision to update revocation process for certain offenders and update confidentiality requirements. David Griffith,

Bob Salisbury,

JRA

Planned for future action
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 Brown,

Trent Phillips,

JRA

Planned for future action
Public Affairs (PA)
PA - Division of Vocational Rehabilitation (DVR)
Chapter

388-891 WAC

Vocational rehabilitation services for individuals with disabilities Adopting or revising rules on Order of selection -- Criteria for priority, categories 1 and 2. Broadening the diversity of disability groups represented and served. Michael Cunningham,

PA-DVR

WSR

05-20-083


Filed

10/4/05

PA - Office of Deaf and Hard of Hearing Services
No current rule-making activity
DSHS Organization - Public Disclosure
Chapter

388-01 WAC

DSHS organization and disclosure of public records Updating procedures for responding to public requests for disclosure of records. Kristal K. Wiitala, PA-Government and Community Relations WSR

02-01-007


Filed

12/7/01

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, PA-Government and Community Relations Planned for future action

Andy Fernando

RPAU Manager

DSHS Rules Coordinator

Washington State Code Reviser's Office