15-06-052  

  • WSR 15-06-052
    AGENDA
    DEPARTMENT OF
    SOCIAL AND HEALTH SERVICES
    [Filed March 2, 2015, 5:36 p.m.]
    Following is the department of social and health services (DSHS) semi-annual rule-making agenda for January 1 - June 30, 2015. 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 http://www.dshs.wa.gov/msa/rpau/DSHSagenda.html.
    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.
    DSHS Semi-Annual Rules Agenda
    January 1 - June 30, 2015
    Administration
    /Division
    WAC
    Sections
    Purpose for Rule Making
    CR-101
    Filings
    CR-102
    Filings
    CR-103
    Filings
    Behavioral Health and Service Integration Administration
     
    Chapter 388-877A WAC
    New rules that update and clarify individual rights specific to medicaid enrollees, and explain division of behavioral health and recovery's complaint process and grievance system.
    WSR 14-16-111
    Filed 8/6/2014
    WSR 15-03-057
    Filed 1/15/2015
     
     
    WAC 388-865-0526
    Revises the department's rules for single bed certification allowing treatment to an adult on a seventy-two hour detention or fourteen day commitment in a facility that is not certified under chapter 388-865 WAC. This amendment will allow residential treatment facilities to be recognized for single bed certification.
    WSR 14-22-016
    Filed 10/23/2014
     
    WSR 15-01-193
    Filed 12/24/2014
    WSR 14-20-007
    Filed 9/18/2014
    WSR 14-17-011
    Filed 8/7/2014
    Management Services Division
     
    WAC 388-96-585
    Amending to recognize travel expenses as allowable costs under the state medicaid nursing facility rate methodology.
    WSR 13-03-147
    Filed 1/23/2013
    WSR 15-05-017
    Filed 2/6/2015
     
     
    WAC 388-96-738, 388-96-739
    The department is amending to be in line with 3.0 case mix per direction of the legislature.
    WSR 13-04-089
    Filed 2/6/2013
    WSR 15-05-017
    Filed 2/6/2015
     
     
    WAC 388-96-718
    The department is amending to add the option of contact by e-mail.
    WSR 14-06-082
    Filed 3/3/2014
    WSR 15-05-017
    Filed 2/6/2015
     
     
    WAC 388-106-381
    The department is amending to provide consistency with resident funds.
    WSR 14-06-083
    Filed 3/3/2014
    WSR 15-05-017
    Filed 2/6/2015
     
     
    WAC 388-96-786
    The department is amending to update the language regarding the adjustment of the pay for performance add-on.
    WSR 14-06-081
    Filed 3/3/2014
     
     
     
    WAC 388-96-809
    The department is amending to clarify timelines for securities given to the state.
    WSR 14-08-042
    Filed 3/26/2014
    WSR 15-05-017
    Filed 2/6/2015
     
    Developmental Disabilities Administration
     
    Chapter 388-827 WAC
    The department is amending state supplementary payment program to provide additional information regarding client eligibility.
    WSR 14-04-129
    Filed 2/5/2014
     
     
     
    Title 388 WAC
    The developmental disabilities administration (DDA) is creating rules to comply with the requirements in chapter 74.39A RCW related to training for residential service businesses.
    WSR 14-18-086
    Filed 9/3/2014
     
     
     
    Chapter 388-833 WAC
    DSHS, DDA, plans to create new rules related to community crisis stabilization service (CCSS). These rules are necessary to outline the short-term behavioral health supports to participants who are in crisis.
    WSR 14-21-127
    Filed 10/20/2014
    WSR 15-03-058
    Filed 1/15/2015
     
     
    Chapter 388-823 WAC
    ESHB 2746 requires DSHS to refinance personal care services and establish a 1915(k) Community First Choice Option (CFCO) program per § 1915(k) of the Social Security Act. To that end, DSHS will develop a state plan amendment (SPA). These rules will define the scope and eligibility of the new 1915(k) services as provided by DDA. Other WAC chapters may need to be updated in order to implement the CFCO. Housekeeping changes may also be made.
    WSR 14-22-083
    Filed 11/3/2014
     
     
     
    Chapter 388-845 WAC
    ESHB 2746 requires DSHS to refinance personal care services and establish a 1915(k) CFCO program per § 1915(k) of the Social Security Act. To that end, DSHS will develop an SPA. As a result, the services offered on the CFCO program that are currently available in an HCBS waiver will be removed from the waiver rules and/or otherwise modified to accommodate the new program. Other related changes that may arise during this rule making may be incorporated.
    WSR 14-22-082
    Filed 11/3/2014
     
     
     
    WAC 388-825-145
    Federal regulation 42 C.F.R. § 431.232(d) does not allow medicaid benefits to continue at their previous level following an evidentiary hearing decision to reduce or terminate those benefits. Therefore, this emergency rule is to ensure the administration has language in rule that conforms to the C.F.R. regarding continuing benefits.
     
     
    WSR 15-01-055
    Filed 12/10/2014
     
    Chapter 388-835 WAC
    Intermediate care facility/mental retardation program and reimbursement system changing to intermediate care facility/intellectual disabilities program and reimbursement system. To comply with goals stated in RCW 44.04.280, by replacing demeaning language with respectful language. Other housekeeping changes are also being made to reflect agency reorganization. None of these changes will result in any changes to policy, eligibility, or processes.
     
    CR-105
    WSR 15-02-048
    Filed 1/5/2015
     
     
    Chapter 388-827 WAC
    State supplemental payment program, streamlining to meet the needs of DDA clients.
    WSR 15-05-045
    Filed 2/12/2015
     
     
     
    Chapter 388-825 WAC
    Updates include process, policy, eligibility, and changes in verbiage to improve comprehension.
    WSR 15-05-076
    Filed 2/18/2015
     
     
    Aging and Long-term Services Administration
    Home and Community Services Division
     
    Chapter 388-112 WAC
    The department is revising rules related to training and/or certification requirements for long-term care (LTC) workers.
    WSR 14-06-078
    Filed 3/3/2014
     
     
     
    Chapter 388-106 WAC
    The department is creating sections to implement the HealthPlan of Washington.
    WSR 14-08-070
    Filed 3/31/2014
     
     
     
    Chapter 388-106 WAC
    LTC services and chapter 388-71 WAC, Home and community services and programs. In accordance with ESHB 2746, establish a 1915(k) CFCO as specified in the federal rule.
    WSR 14-20-116
    Filed 10/1/2014
     
     
     
    WAC 388-106-0010
    To clarify the definitions and set-up help in response to recent board of appeals decisions, add new definitions related to modified adjusted gross income eligibility group and to clarify existing definitions related to LTC services, clarify the definition of informal support in response to decisions from the health care authority board of appeals, and amend existing definitions to include enhanced services facilities.
    WSR 14-22-084
    Filed 11/3/2014
     
     
     
    Chapter 388-106 WAC
    The department is amending and adding new sections to the volunteer chore program, as it was changed to volunteer services per ESSB 6444. The intent in the name change was to broaden the types of assistance available to eligible clients.
    WSR 14-24-080
    Filed 12/1/2014
    WSR 15-04-074
    Filed 1/30/2015
     
     
    Title 388 WAC
    New sections to chapter 388-71 WAC to transfer and amend the rules for residential client protection program found in chapter 388-76 WAC (adult family home), chapter 388-78A WAC (assisted living), chapter 388-97 WAC (nursing home), chapter 388-101 WAC (supportive living programs), and chapter 388-111 WAC (residential habilitation centers), to the adult protective services program.
    WSR 15-01-181
    Filed 12/23/2014
     
     
     
    Chapter 388-71 WAC
    The department is proposing to add a section to home and community services and programs, and other related rules as may be required. The new section will clarify exceptions and corresponding verification to the electronic time keeping requirement for home care agencies.
    WSR 15-03-029
    Filed 1/12/2015
     
     
     
    WAC 388-106-100 through 388-106-1055
    Definition for nurse services intervention, define the scope of services authorized and explain documentation to support the required services.
    WSR 15-05-078
    Filed 2/18/2015
     
     
    Office of Deaf and Hard of Hearing
    No rule-making activity at this time.
    Residential Care Services Division
     
    Chapters 388-71, 388-106, and 388-107 WAC
    Resident client protection program (RCPP) has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-107 WAC, Residential care services is coordinating to eliminate these WAC at the same time home and community services is going to incorporate them into their WAC.
    WSR 15-01-175
    Filed 12/23/2014
     
     
     
    Chapters 388-71, 388-106, and 388-111 WAC
    RCPP has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-111 WAC, Residential care services is coordinating to eliminate these WAC at the same time home and community services is going to incorporate them into their WAC.
    WSR 15-01-176
    Filed 12/23/2014
     
     
     
    Chapters 388-71, 388-106, and 388-101 WAC
    RCPP has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-101 WAC, Residential care services is coordinating to eliminate these WAC at the same time home and community services is going to incorporate them into their WAC.
    WSR 15-01-177
    Filed 12/23/2014
     
     
     
    Chapters 388-71, 388-106, and 388-78A WAC
    RCPP has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-78A WAC, Residential care services is coordinating to eliminate these WAC at the same time home and community services is going to incorporate them into their WAC.
    WSR 15-01-179
    Filed 12/23/2014
     
     
     
    Chapters 388-71, 388-106, and 388-76 WAC
    RCPP has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-76 WAC, Residential care services is coordinating to eliminate these WAC sections at the same time home and community services is incorporating them into their WAC.
    WSR 15-01-180
    Filed 12/23/2014
     
     
    Children's Administration
     
    Chapter 388-61A WAC
    Amending shelters for victims of domestic violence to update the section on required training for staff and staff supervisors.
    WSR 14-19-028
    Filed 9/8/2014
     
     
     
    WAC 388-148-0455
    WAC 388-148-0455 was replaced by WAC 388-145-1760 when children's administration division of licensed resources revised all of their WAC in January 2015. Therefore, WAC 388-148-0455 needs to be repealed to eliminate duplication.
     
    CR 105
    WSR 15-03-079
    Filed 1/16/2015
     
     
    WAC 388-15-069
    How does child protective services notify an alleged perpetrator of a founded finding?
     
    CR 105
    WSR 15-05-019
    Filed 2/9/2015
     
    Economic Services Administration
    Community Services Division
     
    Title 388 WAC
    The department is amending rules under Title 388 WAC to implement provisions of 2014 farm bill.
    WSR 14-05-100
    Filed 2/19/2014
     
     
     
    Chapter 388-310 WAC
    Amending and creating rules to provide WorkFirst incentive payments to families who are participating in activities outlined in their individual responsibility plan.
    WSR 14-09-115
    Filed 4/23/2014
    WSR 14-23-086
    Filed 11/19/2014
     
     
    WAC 388-310-0300, 388-310-1450
    "WorkFirst-Infant care exemptions for mandatory participants;" and "pregnancy to employment" to implement a parenting education and home visiting services program targeted to WorkFirst households who are homeless or who have an infant.
    WSR 14-20-107
    Filed 9/30/2014
    WSR 15-02-042
    Filed 1/2/2015
     
     
    WAC 388-414-0001
    To fully incorporate requirements under Title 7 of the Code of Federal Regulations § 273.2 (j) related to categorical eligibility (CE) for the federal supplemental nutrition assistance program (SNAP). The department is also proposing to amend WAC 388-468-0005 to clarify that households that are considered CE based on the receipt of noncash public assistance benefits (broad-based categorical eligibility) have the same state residency verification requirements as non-CE households.
    WSR 14-21-113
    Filed 10/16/2014
    WSR 15-01-049
    Filed 12/9/2014
    WSR 15-05-010
    Filed 2/5/2015
    Effective 3/8/15
     
    WAC 388-450-0085
    Does the department count all of my self-employment income to determine if I am eligible for benefits?, and any other related rules to implement a standard fifty percent self-employment income deduction for cash and food assistance programs.
    WSR 14-24-078
    Filed 12/1/2014
    WSR 15-03-074
    Filed 1/16/2015
     
     
    WAC 388-418-0005
    How will I know what changes to report?, and any other related rules to correct the policy concerning when CE Basic Food and food assistance program households must report changes in income during the certification period. The department is also proposing to remove references to long-term care, SSI-related medical, children's medical, pregnancy medical, and other medical benefits under this rule.
    WSR 15-01-182
    Filed 12/23/2014
    WSR 15-05-043
    Filed 2/12/2015
    WSR 15-02-010
    Filed 12/26/2014
     
    WAC 388-410-0020, 388-410-0025, 388-410-0030, 388-410-0033
    What happens if I receive more Basic Food or WASHCAP benefits than I am supposed to receive?, Am I responsible for an overpayment in my assistance unit?, How does the department calculate my Basic Food or WASHCAP overpayment?, How and when does the department collect a Basic Food or WASHCAP overpayment?, and any other related rules to clarify how state and federal food assistance overpayments are established, calculated, and recovered. The department is also proposing to clarify client hearing rights related to state and federal food assistance overpayments.
    WSR 15-01-178
    Filed 12/23/2014
     
     
     
    WAC 388-478-0005
    Any other related rules as required to establish cash assistance payment standards for individuals residing in certain medical institutions and facilities.
    WSR 15-03-073
    Filed 1/16/2015
     
     
     
    WAC 388-444-0030
    To update the state plan for the SNAP concerning able-bodied adults without dependents (ABAWD) time limits and work requirements. The previous waiver is due to expire September 30, 2015. This rule filing is needed to reflect the newly approved statewide waiver of work requirements for ABAWDs, which is valid through December 31, 2015.
    WSR 15-04-009
    Filed 1/22/2015
     
     
    Division of Child Support
     
    Chapter 388-14A WAC
    To clarify and revise the procedures used for the reimbursement for uninsured medical expenses when DCS is enforcing a support order with a medical support obligation.
    WSR 14-09-116
    Filed 4/23/2014
     
     
    Juvenile Justice and Rehabilitation Administration
    Division of Vocational Rehabilitation (DVR)
     
    Chapter 388-891 WAC
    DVR plans to amend, repeal, and add new WAC.
    WSR 14-18-085
    Filed 9/3/2014
     
     
    Executive
    Headquarters
    No rule-making activity at this time.
    Financial Services Administration
    Operations Support and Services Division
     
    Chapter 388-03 WAC
    The department is amending for the certification of DSHS spoken language interpreters and translators.
    WSR 14-03-070
    Filed 1/14/2014
    WSR 14-20-115
    Filed 10/1/2014
     
     
    Chapter 388-06 WAC
    The department is reorganizing to repeal WAC 388-06-0020 through 388-06-0260 and WAC 388-06-0600 through 388-06-0640, and creating new chapters 388-06A and 388-06B WAC related to DSHS employee background check requirements.
    WSR 14-13-065
    Filed 6/12/2014
    WSR 15-01-094
    Filed 12/17/2014
    WSR 15-05-030
    Filed 2/10/2015
    Effective 3/4/15
    WSR 14-21-062
    Filed 10/9/2014
    WSR 14-13-064
    Filed 6/12/2014
    Katherine Iyall Vasquez
    Rules Coordinator