WSR 17-16-088
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed July 27, 2017, 11:34 a.m.]
Following is the department of social and health services (DSHS) semi-annual rule-making agenda for July 1 through December 31, 2017. 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 https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/dshs-semi-annual-rule-making-agenda.
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
July 1 – December 31, 2017
Administration
/Division
WAC Sections
Purpose for Rule Making
CR-101 Filings
CR-102 Filings or CR-105 Expedited
CR-103E Filings
Aging and disability services administration
Home and community services division
 
New chapter 388-112A WAC
This proposal replaces existing chapter 388-112 WAC with the more current chapter 388-112A WAC. The entire new chapter 388-112A WAC is organized to provide clarity in long-term care worker training, certification, curricula, and instructor requirements.
WSR 16-11-017
Filed 5/6/2016
WSR 17-11-023
Filed 5/10/2017
 
 
Chapters 388-113 and 388-71 WAC
The department is considering adding new sections, repealing, and amending sections.
WSR 16-13-153
Filed 6/22/2016
 
 
 
WAC 388-71-0701, 388-71-0702, 388-71-0718, 388-71-0722, 388-71-0723
The department is proposing to amend and add new sections to chapter 388-71 WAC, Home and community services and programs, and other related rules as may be required specifically related to adult day health and adult day care.
WSR 16-21-081
Filed 10/18/2016
WSR 17-12-104
Filed 6/6/2017
 
 
Chapter 388-106 WAC
The department is proposing to create new sections in chapter 388-106 WAC, Long-term care services, for a new benefit package for medicaid alternative care and tailored supports for older adults.
WSR 16-16-011
Filed 7/21/2016
WSR 17-11-015
Filed 5/9/2017
 
 
New chapter 388-79A WAC
The department is proposing to create new rules in "Guardian fees and related administrative costs," and amend, create, or repeal other related rules as may be required.
WSR 17-10-052
Filed 5/1/2017
 
 
 
WAC 388-106-1000 through 388-106-1055
The department is proposing to amend to clarify the definition for nurse services intervention, specifically private duty nursing, in order to define the scope of services to be authorized and the necessity for documentation to support the required services.
WSR 17-11-094
Filed 5/19/2017
 
 
Management services division
 
Chapter 388-96 WAC
The department is proposing to amend chapter 388-96 WAC to implement the nursing facility methodology changes from SHB 1274.
WSR 16-04-069
Filed 1/29/2016
WSR 17-08-070
Filed 4/3/2017
WSR 17-14-016
Filed 6/22/2017
WSR 17-06-036
Filed 2/24/2017
WSR 16-22-040
Filed 10/27/2016
WSR 16-14-050
Filed 6/29/2016
 
Chapter 388-97 WAC
The department is proposing to amend chapter 388-97 WAC and other related rules as may be required to establish a retirement community registry for continuing care retirement communities which will set both regulations and pertinent fees.
WSR 16-19-064
Filed 9/19/2016
 
 
 
WAC 388-105-0005
The department is proposing to amend "The daily medicaid payment rates for clients who have been assessed using the CARE tool and reside at an AFH or assisted living facility contracted to provide AL, ARC, or EARC services," and other related rules as may be required to amend rates on this table when the state fiscal year 2018-2019 budget is passed.
WSR 17-13-108
Filed 6/20/2017
 
 
Residential care services division
 
Chapter 388-76 WAC
The department is proposing to add new sections, repeal existing sections, and amend the sections in "adult family home minimum licensing requirements" to consolidate the negative actions and character, competence, and suitability rules related to background checks for home and community services (HCS), residential care services (RCS), and developmental disabilities administration (DDA).
WSR 17-12-098
Filed 6/6/2017
 
 
 
Chapter 388-78A WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "assisted living facility licensing rules" to consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and DDA.
WSR 17-12-096
Filed 6/6/2017
 
 
 
Chapter 388-97 WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "nursing homes" to consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and DDA.
WSR 17-12-099
Filed 6/6/2017
 
 
 
Chapter 388-107 WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "licensing requirements for enhanced services facilities" to consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and DDA.
WSR 17-12-101
Filed 6/6/2017
 
 
 
Chapter 388-76 WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "adult family home minimum licensing requirements" related to tuberculosis screening.
WSR 16-19-060
Filed 9/19/2016
 
 
 
Chapter 388-78A WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "assisted living facility licensing rules" related to tuberculosis screening.
WSR 16-19-061
Filed 9/19/2016
 
 
 
Chapter 388-107 WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "licensing requirements for enhanced services facilities" related to tuberculosis screening.
WSR 16-19-062
Filed 9/19/2016
 
 
 
Chapter 388-97 WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "nursing homes" related to tuberculosis screening.
WSR 16-19-063
Filed 9/19/2016
 
 
 
Chapter 388-78A WAC
The department is proposing to add new sections, repeal existing sections, and amend sections in "assisted living facility licensing rules."
WSR 16-20-023
Filed 9/27/2016
 
 
 
Chapter 388-76 WAC
The department is considering amending the following sections in "adult family home minimum licensing requirements," and other related rules as may be required. The department may also develop new rule sections related to discharge and transfer notice and compliance with 42 C.F.R. 441.302.
WSR 17-07-119
Filed 3/21/2017
 
 
 
Chapter 388-78A WAC
The department is proposing to add new sections, amend existing sections, and repeal sections in "assisted living facility licensing rules," and other related rules as may be required.
WSR 17-09-020
Filed 4/11/2017
 
 
 
Chapter 388-78A WAC
The department is proposing to amend sections in "assisted living facility licensing rules," including WAC 388-78A-2020 Definitions, and other related rules as may be required to assure compliance with requirements of SB [SSB] 5600.
WSR 17-13-026
Filed 6/13/2017
 
 
Behavioral health administration
 
Chapter 388-877 WAC
The department is amending sections regarding the grievance system and the administrative hearing process, and other related rules as may be required.
WSR 16-24-075
Filed 12/6/2016
WSR 17-11-068
Filed 5/17/2017
WSR 17-14-094
Filed 6/30/2017
 
Chapters 388-877A and 388-877B WAC
The department proposes to amend and adopt new sections in "outpatient mental health services," "substance use disorder services," and other related rules as may be required.
WSR 16-24-079
Filed 12/6/2016
WSR 17-11-073
Filed 5/18/2017
WSR 17-11-075
Filed 5/18/2017
 
Title 388 WAC
The department is proposing to create new rules regarding the certification of secure withdrawal management facilities used for substance use disorder involuntary treatment. The department may need to amend other related rules as required.
WSR 17-11-091
Filed 5/19/2017
 
 
Children's administration
 
Chapter 388-61A WAC, Shelters for victims of domestic violence and other related rules
The department is proposing to amend as may be required to be consistent with 2015 statutory changes.
WSR 16-24-073
Filed 12/6/2016
 
 
 
Chapter 388-60 WAC
The department is proposing to amend "domestic violence perpetrator treatment program standards", and other related rules as may be required.
WSR 17-07-034
Filed 3/8/2017
 
 
 
WAC 388-15-009
The department is proposing to amend WAC 388-15-009 What is child abuse or neglect?, and other related rules as may be required.
WSR 17-10-006
Filed 4/20/2017
 
WSR 17-12-005
Filed 5/25/2017
 
Chapters 388-145 and 388-148 WAC
The department is proposing to amend licensing regulations in WAC 388-145-1555(5), 388-145-1600(4), 388-145-1665(4), 388-145-1675 (1), (2), 388-148-1465 (3), (6), 388-148-1470 (14), (15) and 388-148-1515(9) as recommended by the Washington state patrol fire protection bureau.
WSR 17-14-018
Filed 6/22/2017
 
WSR 17-14-023
Filed 6/23/2017
 
WAC 388-15-069
The department is proposing to amend "how does CPS notify the alleged perpetrator of the finding?", and other related rules as may be required to align with recent changes in RCW 26.44.100 requiring the department to send unfounded finding letters to subjects via mail or email instead of certified mail, return receipt requested.
WSR 17-15-053
Filed 7/13/2017
 
WSR 17-15-115
Filed 7/18/2017
Developmental disabilities administration
 
Chapter 388-825 WAC
DDA is proposing to amend sections within DDA service rules and other related rules as may be required.
WSR 17-13-107
Filed 6/20/2017
WSR 16-13-156
Filed 6/22/2016
 
 
 
Chapters 388-825, 388-828, and 388-845
The department is proposing to amend chapters 388-825, 388-828, and 388-845 to simplify language and update policy related to employment services.
WSR 17-07-091
Filed 3/20/2017
WSR 17-11-041
Filed 5/11/2017
 
 
Chapter 388-829B WAC
The department is proposing to create new sections and amend or repeal other related rules as may be required related to enhanced case management.
WSR 17-11-110
Filed 5/23/2017
 
 
 
Chapter 388-825 WAC
The department is proposing to amend sections within DDA service rules to align these rules with amendments being made to chapters 388-71 and 388-113 WAC.
WSR 17-13-114
Filed 6/20/2017
 
 
 
Chapter 388-825 WAC
The department is proposing to amend sections within DDA service rules, chapter 388-101D WAC, Requirements for providers of residential services and supports, and other related rules as may be required.
WSR 17-13-127
Filed 6/21/2017
 
 
 
Chapter 388-828 WAC
The department is considering amending WAC 388-828-1160, 388-828-3060, 388-828-3080, 388-828-4020, 388-828-4400, 388-828-7000 and other related rules as may be required to amend the ICF/IID level-of-care eligibility algorithm.
WSR 17-14-106
Filed 7/5/2017
 
 
Economic services administration
Community services division
 
WAC 388-450-0015, 388-470-0045, 388-470-0055
The department is proposing to amend WAC 388-450-0015, 388-470-0045, 388-470-0055, and other related rules as may be required to include ABLE accounts.
WSR 16-22-089
Filed 11/2/2016
WSR 17-09-062
Filed 4/18/2017
 
 
WAC 388-444-0030, 388-444-0040, 388-444-0045, and 388-444-0065
The department is proposing to amend to comply with federal regulations regarding work registration eligibility policies for basic food, the Washington combined application project, food assistance program for legal immigrants, and transitional food assistance.
WSR 17-01-038
Filed 12/13/2016
 
 
 
WAC 388-460-0010
The department is proposing to amend "Do I have an authorized representative for basic food if I live in a treatment center or group home?", and other related rules as may be required.
WSR 17-06-033
Filed 2/23/2017
 
 
 
WAC 388-444-0055
The department is proposing to amend WAC 388-444-0055 and other related rules as may be required to remove basic food disqualifications for comparable programs.
WSR 17-07-015
Filed 3/6/2017
 
 
 
WAC 388-449-0010, 388-447-0005
The department is proposing to amend WAC 388-449-0010, 388-447-0005, and other related rules as may be required to conform to new standards adopted by the Social Security Administration, DI 22505.003 Evidence from an Acceptable Medical Source (AMS), which expand the federal definition of an AMS.
WSR 17-11-086
Filed 5/19/2017
 
 
 
WAC 388-450-0140
The department is proposing to amend "How does the income of an ineligible assistance unit member affect my eligibility and benefits for basic food?", and other related rules as may be required to comply with federal regulations for income allocation of ineligible assistance unit members of basic food households.
WSR 17-12-029
Filed 5/31/2017
 
 
 
WAC 388-493-0010
The department is amending "working family support" to extend the end date of the working family support program from June 30 to October 19, 2017.
 
 
WSR 17-14-089
Filed 6/30/2017
 
WAC 388-450-0215
The department is proposing to amend "How does the department estimate my assistance unit's income to determine my eligibility and benefits?", to change incorrect references contained in subsections (4)(a) and (7)(b) from subsection (6) to subsection (5).
 
WSR 17-14-105
Filed 7/5/2017
CR-105 Expedited
 
 
WAC 388-442-0010
The department is proposing to amend "Am I eligible for benefits if I am fleeing from the law or breaking a condition for parole or probation?", and other related rules as may be required to conform to a recent amendment to the federal regulation regarding who is considered a fleeing felon.
WSR 17-14-109
Filed 7/5/2017
 
 
 
Chapters 388-412, 388-450 and 388-478 WAC
The department is planning to amend all necessary sections to implement annual adjustments to standards for the Washington basic food program and Washington combined application project (for federal fiscal year 2018, including WAC 388-412-0015, 388-450-0185, 388-450-0190, 388-450-0195, 388-478-0060, and other related rules as may be required.
WSR 17-15-105
Filed 7/18/2017
 
 
Division of child support
 
WAC 388-14A-4505, 388-14A-4510
The department is amending WAC 388-14A-4505 and 388-14A-4510 in order to implement ESHB 1814 (chapter 269, Laws of 2017), which takes effect on July 23, 2017.
WSR 17-16-026
Filed 7/21/17
 
 
Financial services administration
Operations support and services division
 
WAC 388-06-0700, 388-06-0800, 388-06-0810
Background checks processes relating to treatment of certificates of restoration of opportunity as mandated by RCW 9.97.020 (4)(a); amending WAC 388-06-0700, adding new sections to chapter 388-06 WAC. The department is also considering adding new section(s) to chapter 388-06A WAC, and/or other related rules as may be appropriate.
WSR 17-07-122
Filed 3/21/2017
WSR 17-15-037
Filed 7/11/2017
 
Rehabilitation administration
Division of vocational rehabilitation
 
Chapter 388-891 WAC
The department is proposing to create new sections and amend or repeal existing sections in "vocational rehabilitation services for individuals with disabilities" in order to inform customers about the services the department of vocational rehabilitation (DVR) provides, update customer rights and customer confidentiality, and update the conditions under which DVR provides or pays for services, other related rules as may be required.
WSR 17-01-132
Filed 12/20/2016
 
 
Services and enterprise support administration
No rule-making actions at this time
 
 
 
 
 
Katherine Iyall Vasquez
Rules Coordinator