WSR 07-04-028

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed January 29, 2007, 12:37 p.m. ]

Following is the department of social and health services' semi-annual rule-making agenda for January 1, 2007, through June 1, 2007. 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

January 1, 2007 through June 30, 2007



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 ProposedRule Permanent (Final) Rule
Aging and Disability Services Administration (ADSA)
ADSA-Division of Developmental Disabilities (DDD)
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

Chapters 388-823; 388-825; and 388-830 WAC Intake and determinations; disabilities services rules;

DD program option rules

Amending rules to correct cross references and clarify incomplete information in rules. Steve Brink

ADSA-DDD

WSR

06-16-125


Filed 8/1/06

WAC 388-825-150 and 388-827-0140 DDD services rules; state supplemental payments Clarify clients' rights to an administrative appeal. Steve Brink

ADSA-DDD

WSR 06-23-070


Filed 11/9/06

WSR 07-03-062


Hearing 2/27/07

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 06-17-138


Filed 8/22/06


Replaced withdrawn WSR 06-14-061, see WSR 06-17-156

WSR 06-21-120


Hearing 11/21/06

WSR 06-24-074


Effective 1/4/07

(New) Chapter 388-828 WAC 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

WSR 07-03-158


Hearing 3/27/07

(New) Chapter 388-831 WAC Community protection program Establishing the community protection program as directed by recent state law. Steve Brink

ADSA-DDD

WSR 06-08-034


Filed 3/28/06

Chapter 388-835 WAC ICF/MR program and reimbursement system Amending language to reflect new rates for intermediate care facilities for the mentally retarded. Steve Brink

ADSA-DDD

Planned for future action
Chapter 388-845 WAC 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 06-23-054


Filed 11/8/06 (WAC 388-845-0205 and 388-845-0210)

WSR 06-09-013


Filed 4/10/06

WSR 07-02-065


Hearing 2/6/07

Chapter 388-850 WAC County plan for developmental disabilities Rewriting rules in "plain talk" format and clarifying language. Steve Brink

ADSA-DDD

Planned for future action
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 these rules are now obsolete. Steve Brink

ADSA-DDD

WSR 05-15-096


Filed 7/15/05

ADSA-Home and Community Services (HCS)
Chapter 388-106 WAC

Long-term care services Revising rules on the CARE (comprehensive assessment reporting and evaluation) tool; and clarifying the Medicaid personal care and waiver services eligibility language. Kristi Knudsen

ADSA-HCS

WSR 06-22-055


Filed 10/27/06

WAC 388-106-0140, 388-106-0145 (amended) and 388-106-1315 (new) Long-term care services Clarifying the right of a long-term care client to an administrative hearing if the client's personal care hours or residential payment rate - if previous approved under an exception to rule - is reduced or terminated. Sue McDonough or Tiffany Sevruk

ADSA-HCS

WSR 06-11-084


Filed 5/16/06

WSR 06-21-121


Hearing 11/21/06

WSR 07-01-046


Effective 1/14/07

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

Chapter 388-112 WAC Residential long-term care services Amending and adopting new rules to: Clarify CPR requirements and the course content for HIV/AIDS training; and requiring adult family home administrators to complete training, to comply with a 2006 change in state law. Barbara Hanneman

ADSA-HCS

WSR 06-18-083


Filed 9/5/06

WSR 06-22-079


Hearing 12/5/06

WSR 07-01-045


Effective 1/14/07


(WAC 388-112-0270 only. Other proposed sections are being revised.)

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 07-01-074


Filed 12/18/06

WSR 06-10-020


Filed 4/24/06

WAC 388-513-1350 (amend) and 388-513-1360 (repeal) 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 07-01-099


Filed 12/19/06

WSR 06-10-019

Filed 4/24/06


Replaced WSR 05-13-139

WSR 06-21-122


Hearing 11/21/06

WSR 07-01-073


Effective 1/18/07

WAC 388-513-1367 (new) Hardship waivers for long-term care services Adopting a new rule to explain the hardship waiver process, including notice, timeframes and appeal processes. Lori Rolley

ADSA-HCS

WSR 06-17-140


Filed 8/22/06

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 06-17-070


Filed 8/11/06


Replaced withdrawn WSR 06-14-033, see WSR 06-17-065

WSR 06-22-078


Hearing 12/5/06

WSR 07-01-072


Effective 1/18/07

WAC 388-515-1505 Financial eligibility for long-term care Amending the deduction for medical and remedial care expenses; and transfer and resource requirements for client who [are] SSI (supplemental security income) recipients. Lori Rolley

ADSA-HCS

WSR 06-22-027


Filed 10/25/06

WSR 06-17-139


Filed 8/22/06

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; revising the deduction for medical and remedial care expenses. Lori Rolley

ADSA-HCS

WSR 06-22-027


Filed 10/25/06

WSR 06-21-069


Filed 10/16/06


Replaced withdrawn WSR 06-12-092, see WSR 06-21-117

WSR 06-24-064


Hearing 1/9/07

WSR 07-03-087


Effective 2/18/07

ADSA-Office of Rates Management
Chapter 388-96 WAC Nursing facility Medicaid payment system Adopting rules defining "home office" to help determine whether a nursing home is a "vital local provider" under state law. Ed Southen

ADSA

Nursing Home Rates Section

WSR 06-16-124


Filed 8/1/06

Chapter 388-96 WAC Nursing facility Medicaid payment system Amending rules on accounts receivable audits; residents funds that a home must deposit; the definition of "direct care supplies;" the direct care rate for unbanks [unbanked] beds; minimum occupancy when setting rates; and other purposes. Patricia Hague

ASDA-Office of Rates Management

WSR 06-24-112


Filed 12/6/06

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 06-08-032


Filed 3/28/06

WSR 06-16-076


Filed 7/28/06

WSR 06-19-017


Filed 9/8/06

Amending WAC 388-105-0050 and 388-105-0055 Medicaid rates for contracted home and community residential care services -- Supplementation Clarifying when a contracted adult family home may request an additional payment from a Medicaid client or from a third party on behalf of a Medicaid client. Patricia Hague

ASDA-Office of Rates Management

WSR 05-13-127


Filed 6/20/05 and


WSR 04-10-089


Filed 5/4/04

WSR 06-24-065


Hearing

1/9/07

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-2480 Tuberculosis tests Expedited rule-making. Correcting duplicated subsection letter (d) to (e). Denny McKee

Todd Henry

ADSA-RCS

Exempt Expedited rule-making


WSR 06-19-086


Objection period ended 11/20/06

WSR 06-24-073


Effective 1/4/07

Chapter 388-101 WAC Certified community residential services and supports Revising rules regarding the community protection program, assessments, restrictive procedures, inspections, enforcement remedies, appeals, agency finances, and client's rights; addressing abuse and neglect reporting, and sections that involve the individual financial plans; and to meet federal requirements. John Gaskell

ASDA-RCS

WSR 05-07-132


Filed 3/22/05

Children's Administration
WAC chapter not determined yet Domestic violence prevention Proposing new rules establishing standards for programs receiving domestic violence prevention funds. Maureen Kelly

Children's Administration

WSR 06-06-073


Filed 2/28/06

WAC 388-15-009 What is child abuse or neglect? Amending the definition of child abuse to be consistent with a 2006 change in state law. Tina Sterns

Children's Administration

WSR 07-02-069


Filed 12/29/06

WSR 06-21-080


Filed 10/17/06

WAC 388-15-049 When must the department notify the alleged perpetrator of allegations of child abuse or neglect? Amending the definition of notice to an alleged perpetrator of child abuse or neglect, to be consistent with a 2006 change in state law. Tina Sterns

Children's Administration

WSR 07-02-069


Filed 12/29/06

WSR 06-21-081


Filed 10/17/06

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

WSR 06-22-077


Hearing 12/5/06

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, and Tim Kelly

Children's Administration

WSR 06-18-020


Filed 8/25/06

WSR 06-10-031


Filed 4/27/06

WSR 06-17-155


Hearing

9/26/06

WSR 06-22-030


Effective

11/25/06

Economic Services Administration (ESA)
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 (DEL) and is no longer a unit of DSHS. Contact Carla Gira, acting DEL Rules Coordinator, at (360) 725-4682 regarding child care licensing rules that are now managed by DEL.

The following DSHS child care licensing WAC chapters and sections have been moved (recodified) to corresponding DEL rules in TITLE 170 WAC. See WSR 06-14-067:


Previous DSHS WAC Now located in DEL WAC Subject Matter

Chapter 388-150 Chapter 170-26 School-age child care center minimum licensing requirements

WAC 388-155-080 WAC 170-24-0315 Child care business regulations for family home child care

Chapter 388-292 Chapter 170-15 Seasonal child care program

Chapter 388-295 Chapter 170-22 Minimum licensing requirements for child care centers

Chapter 388-296 Chapter 170-296 Child care business regulations and licensing requirements for

family home child care


Chapter 388-290 WAC, Working connections child care, remains in DSHS.

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

ESA

WSR 06-08-033


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


Withdrawn, see WSR 06-20-104

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 07-02-070


Filed 12/29/06

WSR 06-09-014


Filed 4/10/06

WAC 388-14A-3200, 388-14A-6300

Division of child support rules Adopting new or amended sections, declaring that the department does not enter support orders following the calculation and set-off method established in the case Marriage of Arvey. Nancy Koptur

ESA-DCS

WSR 06-24-111


Filed 12/6/06

WSR 07-03-148


Hearing 2/27/07

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-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-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)
Chapter 388-310 WAC, and related rules WorkFirst Amending WorkFirst rules to comply with the federal Deficit Reduction Act of 2005. Ian Horlor

ESA-DEAP

WSR 06-21-055


Filed 10/13/06

WAC 388-310-0200 and 388-310-0700 WorkFirst Adopting language to comply with 2006 legislation, to include financial literacy evaluation among the required activities for WorkFirst recipients. Olga Walker

ESA-DEAP

Exempt WSR 06-20-105


Hearing 11/7/06

WSR 06-24-023


Effective 12/30/06

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 from 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

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 388-406-0055, 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

WSR 06-21-118


Hearing 11/21/06

WSR 06-24-024


Effective 1/1/07

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

WSR

06-17-176


Hearing 9/26/06

WSR

06-20-062


Effective 11/1/06

WAC 388-412-0025 How do I get my benefits? Correcting a phone number and making other clarifying changes, without changing policy. John Camp

ESA-DEAP

WSR 06-20-074


Filed 9/29/06

WSR 07-01-071


Hearing 1/23/07

WAC 388-418-0011 Mid-certification reviews Updating the rule to comply with federal law and rules regarding what is considered a complete mid-certification review. John Camp

ESA-DEAP

WSR 06-17-130


Filed 8/21/06

WSR 06-21-056


Hearing 11/21/06

WSR 07-01-023


Effective 10/1/07


See also WSR 06-24-025

WAC 388-428-0010 and 388-454-0025 Notifying parents of whereabouts of their children Revising rules governing notifying parents of the whereabouts of their children to comply with state law, and recognize the rights of parents and protect the safety of children. Tom Berry ESA-DEAP WSR 06-20-073


Filed 9/29/06

Chapter 388-436 WAC Consolidated energy assistance program Revising rules to provide a one-time emergency benefit to families in TANF noncompliant sanction. Tom Berry

ESA-DEAP

WSR 06-24-114


Filed 12/6/06

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

WSR 06-21-119


Hearing 11/21/06

WSR 06-24-026


Effective 1/1/07

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 388-450-0015, 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 388-450-0185, 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 adjustment standards for federal fiscal year 2007. John Camp

ESA-DEAP

WSR 06-19-016


Filed 9/8/06

WSR 06-11-059


Filed 5/12/06

WSR 06-17-174 and 06-17-175


Hearing 9/26/06

WSR 06-21-011 and 06-21-012


Effective 11/6/06

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 unrelated 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 388-478-0015 Need standards for cash assistance Annual revisions to the rule to adjust for anticipated changes in costs for basic needs to comply with RCW 74.04.770. Jenny Grayum

ESA-DEAP

WSR 07-02-068


Filed 12/29/06

WSR 06-24-006


Filed 11/27/06

WSR 07-03-149


Hearing 2/27/07

WAC 388-478-0040 Food for service animals as an ongoing additional requirement Revising the rule to make the definition of "service animal" with the Washington law against discrimination. Logan MacGregor

ESA-DEAP

WSR 06-24-115


Filed 12/6/06

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

Jenny Egan-Grayum

ESA-DEAP

WSR 06-14-044


Filed 6/28/06


WSR 07-03-146


Filed 1/23/07

Health and Recovery Services Administration (HRSA)
HRSA-Division of Alcohol and Substance Abuse (DASA)
Chapter 388-800 WAC Chemical dependency assistance programs Clarifying rules; updating references to patient eligibility standards; clarifying the process for secondary ADATSA clients. Virginia Ochoa

HRSA-DASA

WSR 05-02-065


Filed 1/4/05

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. Kevin Sullivan

HRSA

WSR 06-07-145


Filed 3/21/06

WSR 06-22-089


Hearing 12/5/06

(WAC 388-865-0420 only)

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. Kevin Sullivan

HRSA

WSR 03-08-077


Filed 4/1/03

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 388-424-0006 Citizenship and alien status - date of entry Amending the rule to remove "conditional entrants" a group that was not intended to be included in this rule. Joanie Scotson

HRSA-MA

WSR 06-19-078


Filed 9/19/06

WSR 07-03-174


Hearing 2/27/07

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

WSR 06-24-066


Hearing 1/9/07

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 06-22-088


Filed 11/1/06

WSR 06-14-042


Filed 6/28/06

WSR 06-22-031


Hearing 12/5/06

WSR 07-02-066


Effective 1/29/07

Chapters 388-500, 388-501, and 388-529 WAC; and related references in chapters 388-500 through 388-561 WAC, and chapter 388-865 WAC Updating several chapters Updating covered and noncovered medical, dental and physician-related services. Clarifying the process for requesting an exception to rule for a noncovered service, and adopting a process for requesting an extension of limitations for a covered service. Clarifying and correcting related references. Kevin Sullivan

HRSA-MA

WSR 05-17-140


Filed 8/19/05

WSR 06-19-098, 06-19-099, and 06-19-100


Hearing 11/7/06


Supplemental notice

WSR 06-23-124


Hearing 12/27/06 (WAC 388-501-0070 and 388-543-1300 only)

WSR 06-24-036


Effective 1/1/07


Permanent (final) filing on WAC 388-501-0070 and 388-543-1300 to be filed late January early February

WAC 388-501-0100 and 388-505-0540 Subrogration; assignment or rights and cooperation Filed and withdrawn in the past period. Wendy Boedigheimer

HRSA-MA

WSR 07-04-020


Filed 1/23/07


Replaced withdrawn

WSR 06-18-084 see WSR 06-23-001

WAC 388-501-0180, and related rules Out-of-state medical care Updating and clarifying rules on out-of-state medical care and requirements for providers; and out-of-country medical care. Kevin Sullivan

HRSA-MA

WSR 06-24-113


Filed 12/6/06

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 388-502-0240, new chapter 388-502A WAC Audits and audit appeal process for contractors and providers Updating and clarifying the current audit review and appeal process; eliminating duplication and outdated language; adopting a new chapter 388-502A WAC. Wendy Boedigheimer

HRSA-MA

WSR 06-20-017


Filed 9/22/06

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 388-530 WAC Pharmacy services Reorganizing, updating, and clarifying pharmacy rules. Wendy Boedigheimer

HRSA-MA

WSR 07-04-017
Chapter 388-532 WAC Family planning/TAKECHARGE program Revising rules to bring the program into compliance with state's federal waiver, and to help the state prevent the loss of federal funds. Wendy Boedigheimer

HRSA-MA

WSR 06-22-080


Filed 10/31/06

WSR 06-22-093


Filed 11/1/06

WAC 388-533-0390 Childbirth education Amending rules to break the information into smaller sections, clarify and update rules, and clarify policy on payment of childbirth education when delivered as a refresher course. Wendy Boedigheimer

HRSA-MA

WSR 07-03-055


Filed 1/12/07

Chapter 388-535 WAC Dental related services for clients age twenty-one and older 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

WSR 07-02-088, 07-02-089, 07-02-090, and 07-02-091


Hearing 2/6/07

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

WSR 06-24-071


Hearing 1/9/07

Chapter 388-535 WAC Dental-related services for clients through age twenty Updating and clarifying covered dental-related services for clients through age twenty, and making other updates to this chapter. Kathy Sayre

HRSA-MA

WSR 06-21-067


Filed 10/16/06

WSR 06-24-068, 06-24-069, 06-24-070, and 06-24-071


Hearing 1/9/07

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 07-03-057


Filed 1/12/07 (WSR 05-15-095 withdrawn. See WSR 07-03-056.)

Chapter 388-543 WAC Durable medical equipment Amending rules to update and clarify covered durable medical equipment and related supplies, prosthetics, orthotics, medical supplies and related services. Wendy Boedigheimer

HRSA-MA

WSR 07-04-018


Filed 1/25/07

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 Updating payment methodologies for inpatient hospital services; and updating rules on inpatient and outpatient services. Kathy Sayre

HRSA-MA

WSR 06-22-054


Filed 10/27/06

WAC 388-550-2598 Hospital services -- Critical access hospitals Clarifying when hospitals need to submit revenue codes and procedure codes to cost center crosswalk data for calculation of rates and cost settlement. Kathy Sayre

HRSA-MA

WSR 05-17-136


Filed 8/19/05

WSR 06-24-067


Hearing 1/9/07

WSR 07-03-077


Effective 2/17/07

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, 388-550-2800 Hospital services Adopting two separate bases for community psychiatric hospital payment rates for Medicaid and non-Medicaid clients. Kathy Sayre

HRSA-MA

WSR 06-22-061


Filed 10/31/06


WSR 05-14-145


Filed 7/5/05 also WSR 05-17-136


Filed 8/19/05

WSR 07-02-087


Hearing 2/6/07

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 ended 9/18/06

WSR 06-22-006


Effective 11/19/06

Chapter 388-557 WAC Chronic care management program Incorporate into rule the new chronic care management program. Kathy Sayre

HRSA-MA

WSR 07-02-021


Filed 12/21/06

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 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
Office of Planning, Performance and Accountability (OPPA)
OPPA-Research and Data Analysis
Chapter 388-04 WAC Protection of human research subjects No current rule-making activity.
Office of Risk Management (ORM)
ORM-Public Disclosure
Chapter 388-01 WAC DSHS organization/disclosure of public records Updating procedures for responding to public requests for disclosure of records. Kristal K. Wiitala

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

Government and Community Relations

Planned for future action
Public Affairs (PA)
PA-Division of Vocational Rehabilitation (DVR)
Chapters 388-890 and 388-891 WAC Vocational rehabilitation services (1) Repealing outdated independent living program rules; (2) clarifying time limits for supported employment; (3) adding a new rule regarding DVR supported employment for an employment goal that is religious in nature; and other purposes. Michael Cunningham

PA-DVR

WSR 06-19-077


Filed 9/19/06

WSR 07-02-067


Hearing 2/27/07

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

GCA-DVR

WSR 05-20-083


Filed 10/4/05

PA-Management Services Administration
WAC 388-01-0180 and 388-01-0190; chapter 388-02 WAC DSHS organization and disclosure of public records; DSHS hearing rules Amending rules to clarify issuance and maintenance of interpretive and policy statements; and indexing of significant board of appeals decisions. Brian Lindgren

MSA - Appeals and Certification Services

WSR 05-13-128


Filed 6/20/05

WAC 388-02-0215 DSHS hearing rules Updating cross references in this chapter to improve efficiency, increase consistency, and ensure due process in DSHS hearings and the review process. Brian Lindgren

MSA - Appeals and Certification Services

WSR 05-06-081


Filed 3/1/05

WAC 388-02-0650 Serving a petition for judicial review Expedited rule-making. Updating the location of the attorney general's office for hand-delivery of petitions for review. Andy Fernando

DSHS Rules Coordinator

Exempt Expedited rule notice


WSR 06-19-035


Objection period ended 11/20/06

WSR 06-24-072


Effective 1/4/07

Chapter 388-03 WAC Certification of DSHS spoken language interpreters and translators Updating references to DSHS units; changing timeframes for mailing notices regarding test dates. Brian Lindgren

MSA - Appeals and Certification Services

WSR 04-01-142


Filed 12/19/03

Chapter 388-06 WAC Background checks Amending, consolidating and colocating existing background check rules in other WAC chapters into this chapter. Jackie Beery

MSA - Background Check Central Unit

WSR 05-15-145


Filed 7/19/05

PA-Office of Deaf and Hard of Hearing Services
Chapter 388-818 WAC Deaf and hard of hearing services No current rule-making activity.
PA-Special Commitment Center
Chapter 388-885 WAC Civil commitment cost Updating reimbursement fee schedules for allowable activities under chapter 71.09 RCW. Lee Mosley

Special Commitment Center

WSR 04-10-092


Filed 5/4/04

Explanation of selected terms used in these tables:

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

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

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

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

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

(3) The laws authorizing the agency action;

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

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

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

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

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

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

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

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

State "Statutes" are laws adopted by the Washington state legislature and signed by the governor, or may be initiatives adopted by the state's voters, and are codified as the Revised Code of Washington (RCW), except that laws adopting annual state budgets are not codified. Recent state statutes may also be listed by their session law numbers, such as "chapter 140, Laws of 2003," or by a legislative bill number, such as "ESSB 6387." United States government statutes may be noted by their United States code number, public law number, act title, or congressional bill number.

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

"CR" means code reviser when referring to rule-making notice forms, such as the CR-101, CR-102, CR-103, and CR-105. The office of the code reviser creates the standard rule-making forms used by all state agencies.

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

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

Stephanie Schiller

Rules Consultant

Washington State Code Reviser's Office