16-07-021  

  • WSR 16-07-021
    AGENDA
    DEPARTMENT OF
    SOCIAL AND HEALTH SERVICES
    [Filed March 7, 2016, 2:22 p.m.]
    Following is the department of social and health services' semi-annual rule-making agenda for January 1 - June 30, 2106 [2016]. 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.
    DSHS Semi-Annual Rules Agenda
    January 1 - June 30, 2016
    Administration/
    Division
    WAC
    Sections
    Purpose for
    Rule Making
    CR-101
    Filings
    CR-102
    Filings
    CR-103
    Filings
    Aging and Long-Term Support Administration
    Home and Community Services
     
    Chapter 388-71 WAC
    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 388-106-1000 through 388-106-1055
    Clarifying the definition for nurse services intervention, to define the scope of services to be authorized, and explain the necessity for documentation to support the required services.
    WSR 15-05-078
    Filed 2/18/2015
     
     
     
    WAC 388-71-0515 (11)
    The department is amending to modify the language so that it will accurately reflect a change in the way individual providers will report the time they have worked. This change is based on payment moving from the social services payment system to the provider compensation subsystem that will be implemented in 2016.
    WSR 15-08-014
    Filed 3/24/2015
    WSR 15-20-112
    Filed 10/6/2015
     
     
    Chapters 388-71, 388-106 WAC
    The department is considering amending "home and community services and programs," "long-term care services," and other related rules as may be required.
    WSR 15-19-135
    Filed 9/21/2015
    WSR 16-01-179
    Filed 12/22/2015
     
     
    Chapter 388-106 WAC
    Long-term care services. These rules will be amended to add retainer payments to the residential support waiver (RSW) and to add two new waiver services, adult day health and expanded community services. Other WAC chapters may need to be updated as a result of this rule making.
    WSR 16-04-070
    Filed 1/29/2016
     
     
    Management Services Division
     
    Chapter 388-96 WAC, and other related rules as may be required
    The department is proposing new rules relating to nursing home staffing levels.
    WSR 15-15-069
    Filed 7/13/2015
     
     
     
    Chapter 388-96 WAC, as may be required
    The department plans to amend or create new sections to adopt rules regarding ventilator/tracheostomy clients in nursing facilities.
    WSR 15-22-100
    Filed 11/4/2015
     
     
    Residential Care Services Division
     
    Chapter 388-107 WAC
    The department is revising "enhanced services facilities" in order to address concerns of the Center for Medicare/Medicaid Services (CMS) home and community-based services (HCBS) and stakeholders with operationalization of the requirements stated therein.
    WSR 15-10-041
    Filed 4/29/2015
    WSR 15-24-037
    Filed 11/20/2015
    WSR 16-01-160
    Filed 12/22/2015
     
    WSR 15-18-053
    Filed 8/27/2015
     
    WSR 15-10-056
    Filed 4/30/2015
     
    Chapter 388-101 WAC
    The department is amending to be in compliance with recently passed legislation, SSB 5600 and HB1307. The rules are also needed to address training and fingerprint requirements from past legislation to be effective January 1, 2016.
    WSR 15-12-084
    Filed 6/1/2015
    WSR 15-20-113
    Filed 10/6/2015
     
     
    Chapter 388-78A WAC
    The purpose for the changes is to consolidate the negative actions and character, competence, and suitability rules related to background checks for home and community services (HCS), residential services (RCS), and developmental disabilities.
    WSR 15-15-098
    Filed 7/15/2015
     
     
     
    Chapter 388-76 WAC
    The department is adding new sections and amending sections to consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and developmental disabilities administration (DDA).
    WSR 15-15-099
    Filed 7/15/2015
     
     
     
    Chapter 388-101 WAC
    Adding new sections and amending sections to consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and DDA.
    WSR 15-15-109
    Filed 7/16/2015
     
     
     
    Chapter 388-97 WAC
    Adding new sections and amending to consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and DDA.
    WSR 15-15-111
    Filed 7/16/2015
     
     
     
    Chapter 388-97 WAC, WAC 388-97-0001, 388-97-1080, 388-97-1660, 388-97-4600
    Amending the following sections in nursing homes, definitions, nursing services, staff and equipment, WAC 388-97-4560 Amount of civil fine, civil penalty fund, and other related rules as may be required. The department may also develop new rule sections related to staffing ratio requirements.
    WSR 15-15-125
    Filed 7/16/2015
     
    WSR 16-02-043
    Filed 12/30/2015
     
    Chapter 388-107 WAC
    Adding new sections and amending sections. The purpose for the changes is to consolidate the negative actions and character, competence, and suitability rules related to background checks for HCS, RCS, and DDA.
    WSR 15-15-122
    Filed 7/16/2015
     
     
    Office of Deaf and Hard of Hearing
     
    No rule making at this time
    Behavioral Health Administration
    Division of Behavioral Health and Recovery
     
    Chapter 388-865 WAC
    The department is adopting new sections to comply with 2E2SSB 5177 (chapter 7, Laws of 2015).
    WSR 15-18-070
    Filed 8/28/2015
    WSR 16-01-124
    Filed 12/18/2015
    WSR 16-04-040
    Filed 1/26/2016
     
    WSR 15-20-121
    Filed 10/7/2015
    Developmental Disabilities Administration
     
    Chapter 388-827 WAC
    Amending state supplementary payment program, that will improve the management of the program and more easily meet the needs of DDA clients on the program, by streamlining the methods currently used.
    WSR 15-05-045
    Filed 2/12/2015
     
     
     
    Chapter 388-829A WAC
    Updating "alternative living" and other related rules as may be required to comply with the requirements in chapter 74.39A RCW. This update will also include housekeeping changes to replace outdated terminology and update incorrect RCW and WAC references.
    WSR 15-09-115
    Filed 4/21/2015
     
     
     
    Chapter 388-829C WAC
    Updating "companion homes" and other related rules as may be required to comply with the requirements in chapter 74.39A RCW. This update will also include housekeeping changes to replace outdated terminology and update incorrect RCW and WAC references.
    WSR 15-09-116
    Filed 4/21/2015
     
     
     
    WAC 388-828-1500 and 388-828-1520
    "When does DDD conduct a reassessment?" and "Where is the DDD assessment and reassessment administered?" to more closely align with the 42 C.F.R. 441.540 (a)(3) requirement that allows the individual to select a time and location of their convenience for assessments.
    WSR 15-12-060
    Filed 5/28/2015
     
     
     
    WAC 388-825-315, 388-825-370 through 388-825-395, and other related rules as may be required
    Amending to change the allocation of personal care hours from a monthly basis to a weekly basis.
    WSR 15-19-160
    Filed 9/23/2015
     
     
     
    Title 388 WAC
    The 2015-2017 biennium budgets provided funding to develop eight community respite beds for adults with developmental disabilities for the provision of short-term community-based planned respite services across the state. The department intends to make updates to rules related to funding for respite beds.
    WSR 15-20-015
    Filed 9/24/2015
     
    WSR 16-04-073
    Filed 1/29/2016
     
    WAC 388-832-0015 and repealing WAC 388-832-0085
    Amending due to the 2014 operating supplemental budget directing DDA to move the state funded individual and family services (IFS) program into a 1915(C) HCBS waiver.
    WSR 16-02-110
    Filed 1/6/2016
    WSR 16-06-048
    Filed 2/24/2016
    WSR 16-02-035
    Filed 12/30/2015
    Children's Administration
     
    Chapter 388-70 WAC
    The department is making changes to match requirements in chapter 13.38 RCW, the Washington State Indian Child Welfare Act and the federal Indian Child Welfare Act, 25 U.S.C. Chapter 21, as well as to reflect changes in children's administration policy.
    WSR 15-11-090
    Filed 5/20/2015
     
     
     
    Chapter 388-25 WAC
    The department proposes to amend to add a fifth eligibility criterion to the extended foster care WAC that goes into effect on July 1, 2016, in order to align with federal legislation.
    WSR 16-06-111
    Filed 3/2/2016
     
     
     
    Chapters 388-145, 388-147, and 388-148 WAC
    The department is proposing to amend to provide foster parents, DSHS staff, private agency and group care staff additional clarification on the minimum licensing requirements
    WSR 16-06-112
    Filed 3/2/2016
     
     
    Economic Services Administration
    Community Services Division
     
    WAC 388-450-0200
    The department is proposing to amend "Will the medical expenses of elderly persons or individuals with disabilities in my assistance unit be used as an income deduction for Basic Food?" and other related rules as may be required.
    WSR 15-08-047
    Filed 3/27/2015
     
     
     
    Chapter 388-406 WAC
    The department is proposing to amend "applications" and other related rules as may be required. The amendments propose to use the option under 7 C.F.R. 273.2 (h)(i)(2)(A) of sending an applicant for Basic Food a notice of pending status on the thirtieth day when there has been a delay in processing a food assistance application and the delay is caused by the household.
    WSR 15-14-035
    Filed 6/23/2015
     
     
     
    WAC 388-450-0015, 388-470-0045, 388-470-0055, and other related rules as may be required
    The amendments propose to implement income and asset exclusions for ABLE (achieving a better life experience) tax-deferred accounts and associated distributions.
    WSR 15-16-051
    Filed 7/29/2015
    WSR 15-23-072
    Filed 11/16/2015
     
     
    Chapter 388-493 WAC
    The community services division is creating "working family support" to implement a new program that will provide additional resources for Basic Food clients.
    WSR 16-01-154
    Filed 12/21/2015
    WSR 16-05-091
    Filed 2/16/2016
     
     
    WAC 388-450-0200
    The department is amending to clarify that medical marijuana is not an acceptable medical expense.
    WSR 16-01-153
    Filed 12/21/2015
    WSR 16-06-098
    Filed 3/1/2016
     
     
    WAC 388-426-0005
    The department is amending to correct contact information for the USDA in order to file a civil rights complaint or receive more information.
     
     
     
     
    WAC 388-400-0047 and other related rules as may be required
    The department may amend to provide a small energy assistance payment to certain Basic Food households who are not eligible for a standard utility allowance income deduction.
    WSR 16-04-122
    Filed 2/2/2016
     
     
    Division of Child Support
     
    Chapter 388-14A WAC
    In order to implement SB 5793, DCS is amending WAC 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?
    WSR 15-15-169
    Filed 7/22/15
    WSR 15-23-097
    Filed 11/17/2015
    WSR 16-03-024
    Filed 1/11/2016
    Rehabilitation Administration
    Division of Vocational Rehabilitation
     
    No rule making at this time
    Financial Services Administration
    Operations Support and Services Division
     
    Chapter 388-03 WAC
    1. Add "(c) Continuing education credits (CEC) earned before January 1, 2015, will not be accepted, even if the CEC were DSHS approved." under WAC 388-03-160(2) to clarify the beginning date that CEC are accepted for certification status maintenance.  2. Correct the typo "processional" to "professional" in WAC 388-03-114(2).
     
    WSR 15-23-007
    Filed 11/5/2015
    WSR 16-04-021
    Filed 1/22/2016
    Executive
     
    No rule making at this time
    Katherine Iyall Vasquez
    Rules Coordinator

Document Information

Effective Date:
1/1/2016