WSR 26-08-045
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Home and Community Living Administration)
[Filed March 25, 2026, 12:18 p.m., effective April 25, 2026]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To adopt amendments to WAC relating to long-term care providers training and certification under chapter 18, Laws of 2025 (SHB 1142), in WAC 388-71-0503, 388-71-0523, 388-71-05415, 388-71-0836, 388-71-0839, 388-71-0860, 388-71-0880, 388-71-0888, 388-71-0890, 388-71-0893, 388-71-0971, 388-71-0977, 388-71-0980, 388-71-0985, 388-71-0991, 388-71-1001, 388-115-0510, 388-115-0523, and 388-115-0540; adding new WAC 388-71-0897 and 388-71-0899; and repealing WAC 388-71-0520.
Legislation driven changes include replacing the phrase "individual provider" with "long-term care (LTC) worker." This aligns basic training and home care aide certification rules across in-home care provider employers, including home care agencies, the consumer directed employer, and the long-term services and supports trust (WA Cares) potential "third option" for "qualified family members."
Changes are being made to add new sections to chapter 388-71 WAC to explain which LTC providers are required to complete the spouse/domestic partner basic training, as well as defining what that training includes. Also being modified is the language regarding when a LTC provider may be rehired, that family providers working for home care agencies are required [to complete] annual continuing education, and how long the LTC worker may be allowed to achieve the department of health home care aide certification. All other changes are made for housekeeping purposes and for the purpose of correcting other language usage and typographical errors in these sections.
Citation of Rules Affected by this Order: New WAC 388-71-0897 and 388-71-0899; repealing WAC 388-71-0520; and amending WAC 388-71-0503, 388-71-0523, 388-71-05415, 388-71-0836, 388-71-0839, 388-71-0860, 388-71-0880, 388-71-0888, 388-71-0890, 388-71-0893, 388-71-0971, 388-71-0977, 388-71-0980, 388-71-0985, 388-71-0991, 388-71-1001, 388-115-0510, 388-115-0523, and 388-115-0540.
Adopted under notice filed as WSR 26-02-034 on December 30, 2025.
A final cost-benefit analysis is available by contacting Brad McFadden, P.O. Box 45600, Lacey, WA 98504-5600, phone 360-725-2563, TTY 711 relay service, email Bradley.McFadden@dshs.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 19, Repealed 1.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 19, Repealed 1.
Date Adopted: March 25, 2026.
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 26-09 issue of the Register.