WSR 13-04-003




[ Filed January 23, 2013, 5:19 p.m. ]

     Following is the department of social and health services semi-annual rule-making agenda for January 1 through June 30, 2013. This agenda will be published in the Washington State Register as required in RCW 34.05.314 and distributed to interested parties. It is also available online at

     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.

Rule-Making Agenda

January 1 through June 30, 2013

WAC      Sections Purpose for Rule Making CR-101






Aging and Disability Services Administration
Division of Behavioral Health and Recovery
Chapter 388-877 WAC The department is amending chapter 388-877 WAC for the purpose of implementing an integrated behavioral health rule. WSR 11-09-067

Filed 4/18/2011

WSR 13-02-027

Filed 12/26/2012

WSR 13-02-028

Filed 12/20/2012

Division of Developmental Disabilities
Chapter 388-845 WAC The division of developmental disabilities (DDD) is amending chapter 388-845 WAC to include information governing the operation of a new consolidated Basic and Basic Plus waiver. In addition, other changes may be needed to respond to budget and general housekeeping needs related to the renewal of the DDD home and community based services waivers. WSR 12-01-116

Filed 12/21/2011

WSR 13-02-062

Filed 12/27/2012

Home and Community Services Division
Chapters 388-71 and 388-112 WAC Amending chapters 388-71, 388-112 WAC to implement and clarify the training requirements and the criminal history background check requirements as directed in chapter 74.39A RCW and to revise the implementation effective dates as directed by Initiative 1163. WSR 12-05-086

Filed 2/17/2012

WSR 12-16-027

Filed 8/1/2012

WSR 12-21-068

Filed 10/17/2012

WSR 12-13-090

Filed 6/19/2012

WSR 12-05-100

Filed 2/21/2012

WSR 12-02-049

Filed 12/30/2011

WAC 388-106-0010, 388-106-0130 The department is amending WAC 388-106-0010 and 388-106-0130 to revise the assessment process for allocating personal care hours. WSR 12-20-076

Filed 10/3/2012

WSR 12-22-009

Filed 10/26/2012

WSR 12-14-058

Filed 6/29/2012

WAC 388-106-0135, 388-106-1305 Amending chapter 388-106 WAC, Long-term care services, to better enable children to challenge the department's authorization of personal care hours. WSR 12-16-108

Filed 8/1/2012

WSR 12-20-074

Filed 10/3/2012

The department is amending chapter 388-106 WAC to make program revisions to New Freedom consumer directed services. WSR 13-01-088

Filed 12/18/2012

The department is amending chapter 388-106 WAC to make revisions to the New Freedom consumer directed services. WSR 13-01-088

Filed 12/19/2012

Management Services Division
WAC 388-105-0005 To comply with budgetary directives put forth by the legislature in ESHB 2127, changes are being made to WAC 388-105-0005. WSR 12-10-090

Filed 5/2/2012

WSR 12-21-093

Filed 10/22/2012

WSR 12-21-134

Filed 10/24/2012

WSR 12-14-061

Filed 6/29/2012

WSR 12-10-048

Filed 4/30/2012

Residential Care Services Division
Chapter 388-97 WAC The department is adding new sections and amending chapter 388-97 WAC to comply with federal regulation and state law. WSR 12-16-110

Filed 8/1/2012

WSR 12-23-058

Filed 11/19/2012

Children's Administration (CA)
Chapter 388-61A WAC Revisions are intended to update the section on crib safety to be compliant with new rules adopted by the federal Consumer Product Safety Commission in December 2010, and to make clarifying edits to rules adopted in November 2010. WSR 12-05-113

Filed 2/22/2012

Chapters 388-25 and 388-148 WAC The department is amending to ensure that CA can access federal matching funds for extended foster care, to clearly define the eligibility requirements for participation in the extended foster care program and criteria for continued juvenile court dependency, and to ensure that eligible youth receive placement services as outlined by RCW. WSR 12-22-004

Filed 10/25/2012

WSR 13-03-021

Filed 1/7/2012

WSR 12-22-003

Filed 10/25/2012

Economic Services Administration
Community Services Division
WAC 388-450-0200 The department is amending to implement a new standard medical expenses income deduction for elderly persons and individuals with disabilities who are eligible for Basic Food benefits. WSR 12-16-109

Filed 8/1/2012

WAC 388-408-0040 The department is amending to clarify eligibility for Basic Food for persons living in an institution. WSR 12-17-133

Filed 8/21/2012

WAC 388-466-0120 The department is amending WAC 388-466-0120 to repeal refugee medical assistance language from the refugee cash assistance rule. WSR 12-08-063

Filed 4/4/2012

WSR 12-22-073

Filed 11/7/2012

Division of Child Support
No rule-making activity at this time.
Office of the Secretary, Chief of Staff and Headquarters Units
Special Commitment Center
WAC 388-880-110 The department is amending WAC 388-880-110 Escort procedures, and other rules as required. WSR 12-15-076

Filed 7/18/2012

WSR 12-24-012

Filed 11/27/2012

WAC 388-880-150 The department is amending to update operations and public disclosure processes. WSR 12-17-134

Filed 8/21/2012

Chapter 388-885 WAC The department is amending rules related to the reimbursement of counties for indigent defense costs. WSR 12-17-135

Filed 8/21/2012

Office of Deaf and Hard of Hearing
New chapter. WSR 10-19-134

Filed 9/22/2010

Office of Policy and External Relations
WAC 388-02-0005 WAC 388-02-0005 referencing chapter 388-526 WAC is being amended to reference chapter 182-526 WAC. CR-105, filed 12/24/12 as WSR 12-24-073
Division of Vocational Rehabilitation
No rule-making activity at this time.
Financial Services Administration
Operations Support and Services Division
Chapter 388-06 WAC The department is revising and reorganizing chapter 388-06 WAC. WSR 12-15-075

Filed 7/18/2012

Former Medicaid Purchasing Administration
Filed by DSHS on behalf of the Health Care Authority
Chapter 388-526 WAC To establish hearing rules related to medicaid funded services to implement the requirements of 2E2SBH (2E2SHB) 1738, section 53, effective July 1, 2011, for the transition of the single state medicaid agency to the Washington health care authority. WSR 12-20-078

Filed 10/3/2012

WSR 12-13-003

Filed 6/6/2012

WSR 12-05-037

Filed 2/10/2012

WSR 11-22-028

Filed 10/25/2011

WSR 11-14-040

Filed 6/28/2011

Katherine Iyall Vasquez

Rules Coordinator