WSR 25-20-052
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Home and Community Living Administration))
((Developmental Disabilities Community Services)
[Filed September 25, 2025, 1:19 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-05-034.
Title of Rule and Other Identifying Information: Chapter 388-845 WAC; amending WAC 388-845-0113, 388-845-0210, 388-845-0215, 388-845-0220, 388-845-0225, 388-845-0230, 388-845-0820, 388-845-1150, 388-845-1870, 388-845-1880, 388-845-1890, 388-845-2005, 388-845-2205, and 388-845-2210.
Hearing Location(s): On November 25, 2025, at 10:00 a.m., virtually via Teams or call in. See the department of social and health services (DSHS) website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.
Date of Intended Adoption: Not before November 26, 2025.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning noon on October 22, 2025, by 5:00 p.m. on November 25, 2025.
Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by 5:00 p.m. on November 11, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Developmental disabilities community services (DDCS) is enacting these changes to implement changes to DDCS' home and community-based services waivers as approved by the Centers for Medicare and Medicaid Services (CMS). These amendments clarify waiver service definitions and service limit language across waivers.
Reasons Supporting Proposal: Under 42 C.F.R. 441.301, DDCS is required to provide assurances to CMS that it will provide waiver-funded services as approved by CMS. Aligning rules with the approved waiver amendments provides those assurances. These proposed changes are currently in effect by emergency rule filed under WSR 25-12-116.
Statutory Authority for Adoption: RCW
71A.12.030 and 42 C.F.R. 441.301.
Rule is necessary because of federal law, 42 C.F.R. 441.301.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Leila Graves, P.O. Box 45310, Olympia, WA 98504-5310, 360-890-2127.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is required under RCW
34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Leila Graves, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-890-2127, TTY 711 relay service, email
Leila.graves@dshs.wa.gov.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Scope of exemption for rule proposal:
Is fully exempt.
September 24, 2025
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 25-21 issue of the Register.