WSR 20-04-046
AGENDA
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed January 29, 2020, 12:46 p.m.]
Following is the department of social and health services (DSHS) semi-annual rule-making agenda for January 1 - June 30, 2020. 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/office-of-the-secretary/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
January 1 - June 30, 2020
Administration/
Division
WAC
Sections
Purpose for Rule Making
CR-101
Filings
CR-102
Filings
CR-103E
Filings
Aging and Disability Services Administration
Home and Community Services Division
 
388-112A
The department is planning to amend "residential long-term care services training" and other related rules as may be required.
WSR 18-05-022
Filed 2/9/2018
WSR 19-11-062
Filed 5/15/2019
WSR 18-19-018
Filed 9/19/2018
 
 
388-113, 388-71
The department is considering amending and repealing existing sections and adding new sections in "Disqualifying crimes and negative actions" and "Home and community services and programs" to clarify and consolidate rules related to background checks, disqualifying convictions and negative actions, and character, competence, and suitability (CC&S) determinations for home and community services, residential care services, and the developmental disabilities administration (DDA).
WSR 18-17-146
Filed 8/21/2018
 
 
 
388-106-0075, 388-106-0090, 388-106-0100, 388-106-0033, 388-106-0095, 388-106-0130, 388-106-0010
The department is planning to amend "How is my need for personal care services assessed in CARE?," "How does the CARE tool measure cognitive performance?," "How does the CARE tool measure mood and behaviors?," "When may I receive services in a facility contracted to provide specialized dementia care services?," "How does the department determine the number of hours I may receive for in-home care?," "How does the CARE tool measure clinical complexity?," "What definitions apply to this chapter?," and other related rules as may be required to be consistent with changes, a majority of which are label changes, made to comprehensive assessment and reporting evaluation (CARE) tool as part of CARE modernization.
WSR 19-10-051
Filed 4/29/2019
 
 
 
388-106-0715
The department is planning to amend "How do I end my enrollment in the PACE program?" and other related rules as may be required.
WSR 20-03-124
Filed 1/17/2020
 
 
Management Services Division
 
388-96-905
The department is planning to amend "Case mix accuracy review of MDS nursing facility resident assessments" and other related rules as may be required.
WSR 18-22-128
Filed 11/7/2018
 
 
 
388-96-808
The department is planning to amend "Change of ownership—Assignment of department's contract" and other related rules as may be required.
WSR 19-06-059
Filed 3/5/2019
 
 
Residential Care Services Division
 
388-78A
The department is considering adding new sections and repealing and amending existing sections in "Assisted living facility licensing rules" to consolidate the rules related to background checks, negative actions, and CC&S determinations between home and community services (HCS), residential [care] services (RCS), and DDA.
WSR 18-17-159
Filed 8/21/2018
 
 
 
388-97
The department is considering adding new sections and repealing and amending existing sections in "Nursing homes" including WAC 388-97-1790, 388-97-1800, 388-97-1820, and other related rules as maybe required.
WSR 18-17-175
Filed 8/22/2018
 
 
 
388-76
The department is considering adding new sections and repealing and amending existing sections in "Adult family home minimum licensing requirements."
WSR 18-17-177
Filed 8/22/2018
 
 
 
388-107
The department is considering adding new sections and repealing and amending existing sections in "Licensing requirements for enhanced services facilities."
WSR 18-17-178
Filed 8/22/2018
 
 
 
388-76
The department is planning to amend WAC 388-76-10000 Definitions, 388-76-10105 Application—Change of ownership, and other related rules as may be required to clarify rules around entity representatives, ownership entities, and associated issues of adult family homes.
WSR 19-03-013
Filed 1/3/2019
WSR 19-21-116
Filed 10/18/2019
WSR 19-11-105
Filed 5/21/2019
 
 
388-76
The department is considering amending "Adult family home minimum licensing requirements."
WSR 19-03-148
Filed 1/22/2019
WSR 20-02-013
Filed 12/19/2019
 
 
388-97
The department is planning to add new sections and amend existing sections in "Nursing homes," including WAC 388-97-190 Direct care hours, and other related rules as may be required.
WSR 19-12-019
Filed 6/5/2019
 
 
 
388-97
The department is proposing to add new sections, repeal existing sections, and amend sections in "Nursing homes" related to tuberculosis screening.
WSR 19-18-051
Filed 8/30/2019
 
 
 
388-107
The department is planning to add new sections, repeal existing sections, and amend sections in "Licensing requirements for enhanced services facilities" related to tuberculosis screening.
WSR 19-18-059
Filed 9/3/2019
 
 
 
388-76
The department is planning to add new sections, repeal existing sections, and amend sections in "Adult family home minimum licensing requirements" related to tuberculosis screening.
WSR 19-18-061
Filed 9/3/2019
 
 
 
388-78A
The department is planning to add new sections, repeal existing sections, and amend sections in "Assisted living facility licensing rules" related to tuberculosis screening.
WSR 19-18-062
Filed 9/3/2019
 
 
 
388-78A-3181, 388-78A-3183
The department is proposing to amend WAC 388-78A-3181 and 388-78A-3183.
 
CR-105
WSR 20-03-183
Filed 1/22/2020
 
Behavioral Health Administration
 
388-855-0045
The department is planning to amend "Exempt income" and other related rules as may be required.
WSR 19-15-073
Filed 7/17/2019
 
 
 
388-875
The department is considering adding a new section to establish requirements for the forensic navigator program.
WSR 20-03-155
Filed 1/21/2020
 
 
Developmental Disabilities Administration
 
388-845
The department is planning to amend existing sections including WAC 388-845-0600, 388-845-0605, 388-845-0610, 388-845-1410, and other related rules as may be required, and create other new sections.
WSR 19-03-011
Filed 1/3/2019
 
 
 
388-101D-0355, 388-101D-0405, 388-101D-0410
The department is considering amending these and other related rules as may be required to add instances when a service provide [provider] must develop and implement a functional assessment or positive behavior support plan.
WSR 19-14-059
Filed 6/21/2019
 
 
 
388-829R
The department is considering amending "Overnight planned respite services" to establish a certification and evaluation processes for overnight planned respite services.
WSR 19-16-101
Filed 8/2/2019
WSR 20-03-034
Filed 1/7/2020
 
 
388-845
The department is amending sections and other related rules as may be required as part of the administration's waiver renewal process.
WSR 19-18-065
Filed 9/3/2019
WSR 19-24-082
Filed 12/3/2019
WSR 20-02-044
Filed 12/23/2019
WSR 19-18-048
Filed 8/30/2019
 
388-829A
The department is planning to amend "Alternative living" and other related rules as may be required.
WSR 19-19-040
Filed 9/12/2019
 
 
Economic Services Administration
Community Services Division
 
388-412-0015, 388-450-0185, 388-450-0190, 388-450-0195, 388-478-0060
The department is planning to amend general information about your food assistance allotments, what income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits, how does the department figure my shelter cost income deduction for basic food, does the department use my utility costs when calculating my basic food or WASHCAP benefits, and other related rules as may be required.
WSR 19-06-049
Filed 3/4/2019
WSR 20-01-068
Filed 12/11/2019
WSR 19-12-051
Filed 5/31/2019
WSR 19-22-035
Filed 10/31/2019
WSR 19-20-085
Filed 9/30/2019
 
388-460-0010
The department is planning 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 19-09-034
Filed 4/10/2019
 
 
 
388-412-0025
The department is planning to amend "How do I receive my benefits?" and other related rules as may be required.
WSR 19-10-050
Filed 4/29/2019
 
 
 
388-482-0005
The department is planning to amend "How does being a student of higher education impact my eligibility for Washington basic food program?" and other related rules as may be required.
WSR 19-13-099
Filed 6/19/2019
WSR 19-22-043
Filed 11/1/2019
WSR 19-24-021
Filed 11/22/2019
WSR 19-16-011
Filed 7/25/2019
 
388-310-1600, 388-400-0005, 388-484-0006
The department is planning to amend "WorkFirst—Sanctions," "Who is eligible for temporary assistance for needy families?," and "TANF/SFA time limit extensions," and other related rules as may be required to implement 2SHB 1603 (chapter 343, Laws of 2019).
WSR 19-15-013
Filed 7/22/2019
WSR 19-21-076
Filed 10/14/2019
WSR 19-24-023
Filed 11/22/2019
WSR 19-16-009
Filed 7/25/2019
 
388-424-0001, 388-424-0030
The department is proposing to amend "Citizenship and alien status—Definitions" and "How does my alien status impact my eligibility for state-funded benefits under the food assistance program?"
 
 
 
 
388-446-0015, 388-446-0020
The department is planning to amend "What is an intentional program violation (IPV) and administrative disqualification hearing (ADH) for basic food?," "What penalties will I receive if I break a food assistance rule on purpose?," and other related rules as may be required.
WSR 19-21-077
Filed 10/14/2019
 
 
 
388-452-0005
The department is planning to amend "Do I have to be interviewed in order to get cash and basic food benefits?" and other related rules as may be required.
WSR 19-21-078
Filed 10/14/2019
 
 
 
388-444-0010
The department plans to amend "Who is exempt from work registration while receiving basic food?," and other related rules as may be required.
WSR 19-22-060
Filed 11/5/2019
 
 
Division of Child Support
 
388-14A
The department is planning to amend sections dealing with the establishment of administrative child support orders including WAC 388-14A-3115 The notice and finding of financial responsibility is used to set child support when paternity is not at issue, 388-14A-3140 What can happen at a hearing on a support establishment notice?, and other related rules as may be required.
WSR 18-07-077
Filed 3/19/2018
 
 
 
388-14A-393
The division of child support (DCS) intends to amend "How does DCS decide whether to petition for modification of a support order?" and other related rules as may be required in order to implement sections 2 and 3 of ESHB 1916 (chapter 275, Laws of 2019), which went into effect on July 28, 2019.
WSR 19-15-101
Filed 7/22/2019
WSR 20-01-045
Filed 12/9/2019
WSR 19-24-022
Filed 11/22/2019
WSR 19-16-013
Filed 7/25/2019
 
388-14A-2200, 388-14A-2205
The department is amending "When does DCS charge a twenty-five dollar annual fee on a child support case?," "How can a custodial parent be excused from payment of the annual fee?," and other related rules as required.
WSR 19-17-092
Filed 8/21/2019
WSR 20-01-046
Filed 12/9/2019
WSR 19-20-082
Filed 9/30/2019
Executive
 
 
 
 
 
Office of the Secretary
 
388-22
The department is proposing to repeal "Determining and verifying eligibility—definitions."
 
CR-105
WSR 19-24-095
Filed 12/3/2019
 
Katherine Vasquez
Rules Coordinator