WSR 26-01-004
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Home and Community Living Administration)
[Filed December 3, 2025, 1:31 p.m.]
Subject of Possible Rule Making: In response to ESSB 5200 (chapter 108, Laws of 2025), the department of social and health services (DSHS) is planning to amend WAC 388-112A-0010, 388-112A-0020, 388-112A-0080, 388-112A-0105, 388-112A-0490, 388-112A-0495, 388-112A-0720, and 388-112A-1100. Per the legislation, DSHS is planning to create WAC 388-112A-0055 What are the training and certification requirements for volunteers and long-term care workers in veterans' medical foster homes? and 388-112A-0613 Who in a veterans' medical foster home is required to complete continuing education training each year, how many hours of continuing education are required, and when must they be completed? Other related rules as may be required.
The purpose of these changes and additions include:
Complying with ESSB 5200 passed during the 2025 legislative session.
Amending the definitions in WAC 388-112A-0010 of "home," "long-term care worker," "provider," and "resident" to include veterans' medical foster homes (MFH), and adding the definition of "veterans' medical foster home."
Amending WAC 388-112A-0020 to include "training and certification requirements that apply to veteran's medical foster homes."
Amending WAC 388-112A-0080 to include veterans' MFHs as a setting requiring 70 hours of basic training.
Amending WAC 388-112A-0105 to include veterans' MFH administrators or their designees to those long-term care (LTC) workers requiring home care aide certification.
Amending WAC 388-112A-0490 to add veterans' MFHs to the list of settings for which applicants, resident managers, administrators, and other types of entity representatives that are required to receive certain specialty training.
Amending WAC 388-112A-0495 to include veterans' MFHs to settings that require LTC workers to complete certain specialty trainings.
Amending WAC 388-112A-0720 to include veterans' MFHs as a setting that requires CPR and first-aid training.
Amending WAC 388-112A-1100 to add veterans' MFHs as a setting that may conduct orientation, safety, basic, on-the-job, continuing education, or specialty training.
Creating new WAC 388-112A-0055 What are the training and certification requirements for volunteers and long-term care workers in veterans' medical foster homes?
Creating new WAC 388-112A-0613 Who in a veterans' medical foster home is required to complete continuing education training each year, how many hours of continuing education are required, and when must they be completed?
Other changes necessary for implementation of ESSB 5200 and changes and corrections related to numerical representation, consistency, inclusive language, and other related rules may also be included.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.88B.010, 18.88B.021, 18.88B.041, 74.08.090, 74.39A.009, 74.39A.070, 74.39A.074, 74.39A.076, and 74.39A.341.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The reasons why rules on this subject may be needed are due to amendments to existing law that define MFHs as LTC settings, MFH caregivers as LTC workers, and adds MFHs to the list of facilities where the person admitted is considered a vulnerable adult. Other edits related to clarity, grammar, and consistency are also included.
Process for Developing New Rule: Collaborative; DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bradley McFadden, P.O. Box 45600, Olympia, WA 98504, phone 360-725-2563, TTY 711 relay service, email bradley.mcfadden@dshs.wa.gov.
December 3, 2025
Katherine I. Vasquez
Rules Coordinator