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DSHS Rules

Rule-Making Agenda

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Rule-Making Hearing Docket

The tables below list all rules scheduled for hearings grouped by administration. The rule title links to the CR-102 form and text. Select this link to see how you can send your comments to the Rules Coordinator. If you have questions about the rule send a message to the contact person.

DSHS filing notices ("CR" forms), WAC text and related materials that appear on this website are facsimiles of official rule-making notices filed with the Office of the Code Reviser. Some information - such as the effective date of a final or emergency rule - may be added by DSHS to rule-making notices appearing on this website. Such added information is intended for clarity only and does not alter the effect of the official notice.

Aging & Disability Services | Children's | Economic Services | Health & Recovery Services | Juvenile Rehabilitation | Management Services | Office of the Secretary

Aging & Disability Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
Chapter 388-76 WAC

Adult family home minimum licensing requirements.
Maureen Lally
(360) 725-3204
Preproposal notice filed as WSR 08-16-132
Proposed rules filed as WSR 08-22-104
Hearing date: December 9, 2008
Earliest adoption date: December 10, 2008
WAC 388-76-10120, 10125, 10955, 10960

The purpose of this rule making is to clarify requirements on when a license must and may be denied and when the department may and must impose remedies.
Maureen Lally
(360) 725-3204
Preproposal notice filed as WSR 08-16-133
Proposed rules filed as WSR 08-22-103
Hearing date: December 23, 2008
Earliest adoption date: December 24, 2008
Chapter 388-71 and 388-112 WAC

Home and Community Services and Programs; and Residential Long-Term Care Services.
Barbara Hanneman
(360) 725-2540
Preproposal notice filed as WSR 08-15-135
Proposed rules filed as WSR 08-22-053
Hearing date: December 9, 2008
Earliest adoption date; December 10, 2008
WAC 388-515-1512 and 1514

DSHS is amending these sections to incorporate the $20 disregard and increase the personal needs allowance (PNA) from $41.44 to $62.79 to match Home and Community Services categorically needy (CN) waiver programs.
Lori Rolley
(360) 725-2271
Preproposal notice filed as WSR 08-18-077
Proposed rules filed as WSR 08-21-145
Hearing date: November 25, 2008
Earliest adoption date: November 26, 2008
Chapter 388-76 WAC

Adult family home minimum licensing requirements.
Maureen Lally
(360) 725-3204
Preproposal notice filed as WSR 08-04-109
Proposed rules filed as WSR 08-21-036
Hearing date: November 25, 2008
Earliest adoption date: November 26, 2008
WAC 388-106-0225; WAC 388-505-1505, 1506, 1507, 1508 and 1509

Medicaid personal care and long-term care services under COPES, New Freedom, PACE, MMIP and WMIP.
Lori Rolley
(360) 725-2271
Preproposal notice filed as WSR 08-09-012
Proposed rules filed as WSR 08-19-101
Hearing date: October 21, 2008
Earliest adoption date: October 22, 2008
WAC 388-561-0200 and 0201

Amendments are necessary to meet the requirements of section 6012 of the Deficit Reduction Act (DRA) of 2005.
Lori Rolley
(360) 725-2271
Preproposal notice filed as WSR 08-04-077
Proposed rules filed as WSR 08-17-112
Hearing date: September 23, 2008
Earliest adoption date: September 24, 2008
Chapter 388-831 WAC

Community protection program.
Steve Brink
(360) 725-3416
Preproposal notice filed as WSR 06-08-034
Proposed rules filed as WSR 08-16-123
Hearing date: September 23, 2008
Earliest adoption date: September 24, 2008
WAC 388-78A-2202, 2204, 2206, 2208, 2600, 2730, 3150, 3152

The department is adding new sections to implement E2SHB 2668.
Todd Henry
(360) 725-2580
Preproposal notice filed as WSR 08-10-061
Proposed rules filed as WSR 08-16-120
Hearing date: September 23, 2008
Earliest adoption date: September 24, 2008
WAC 388-78A-2470, 2680, 2690, 2950, 2980, 3030, 3450, 3460

To clarify, enhance readability and usability of electronic monitoring and construction requirements.
Todd Henry
(360) 725-2580
Preproposal notice filed as WSR 07-23-078
Proposed rules filed as WSR 08-16-119
Hearing date: September 23, 2008
Earliest adoption date: September 24, 2008
WAC 388-106-0130

How does the department determine the number of hours I may receive for in-home care?
Susan Engels
(360) 725-2353
Preproposal notice filed as WSR 08-12-072
Proposed rule filed as WSR 08-15-138
Hearing date: August 26, 2008
Earliest adoption date: August 27, 2008
Chapter 388-845 WAC

Division of developmental disabilities (DDD) home and community based services waivers.
Steve Brink
(360) 725-3416
Preproposal notice filed as WSR 08-05-004
Proposed rules filed as WSR 08-15-008
Hearing date: August 26, 2008
Earliest adoption date: August 27, 2008
Chapter 388-106 WAC

Long-term care (LTC) services.
Susan Engels
(360) 725-2353
Preproposal notice filed as WSR 08-10-063
Proposed rules filed as WSR 08-14-121
Hearing date: August 5, 2008
Earliest adoption date: August 6, 2008
Chapter 388-97 WAC

Nursing homes.
Judy Johnson
(360) 725-2591
Preproposal notices filed as WSR 07-15-024 & 07-21-121
Proposed rules filed as WSR 08-14-065
Hearing date: August 26, 2008
Earliest adoption date: August 27, 2008
WAC 388-825-100, 101 and 102

The department is amending these rules to clarify who will be notified of decisions made by the division of developmental disabilities and to specify that both notices and correspondense will be sent to the appropriate parties.
Steve Brink
(360) 725-3416
Preproposal notice filed as WSR 08-09-107
Proposed rule filed as 08-13-077
Hearing date: July 22, 2008
Earliest adoption date: July 23, 2008
Chapter 388-106 WAC

The department is adding new rules in Chapter 388-106 WAC to implement the Roads to Community Living Project.
Elizabeth Prince
(360) 725-2561
Preproposal notice filed as WSR 07-22-085
Proposed rule filed as 08-13-076
Hearing date: July 22, 2008
Earliest adoption date: July 23, 2008
Chapter 388-828 and 388-832 WAC

Individual and Family Services Program and Individual and Family Services Assessment.
Steve Brink
(360) 725-3416
Preproposal notices filed as WSR 07-10-018, 0 7-15-081 and 07-14-081
Proposed rules filed as WSR 08-11-095
Hearing date: July 22, 2008
Earliest adoption date: July 23, 2008
WAC 388-513-1350 and 1380

Changes update the 2008 federal maximum resource and maintenance standards that increased January 1, 2008.
Lori Rolley
(360) 725-2271
Preproposal notice filed as WSR 07-22-063
Proposed rules filed as WSR 08-09-104
Hearing date: May 27, 2008
Earliest adoption date: May 28, 2008

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Children's Administration
Rule Title/Subject Contact Person Washington State Register Citations
WAC 388-15-005 and 077

Children's Administration is implementing the legislature's intent in Chapter 220, Laws of 2007. The new language will establish a two-tiered findings system and new record expungement timeframes.
Colette McCully
(360) 902-0863
Preproposal notice filed as WSR 08-07-095
Proposed rules filed as WSR 08-14-141
Hearing date: August 5, 2008
Earliest adoption date: August 6, 2008

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Economic Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
WAC 388-444-0005 and 0040

The department is proposing amendments to allow participants in the Food Stamp Employment & Training program the option to volunteer to participate more than 120 hours per month.
Nick Espinosa
(360) 725-4620
Preproposal notice filed as WSR 08-03-095
Proposed rules filed as WSR 08-23-102
Hearing date: December 23, 2008
Earliest adoption date: December 24, 2008
WAC 388-310-2100

WorkFirst Career Services.
Ian Horlor
(360) 725-4634
Preproposal notice filed as WSR 08-20-048
Proposed rule filed as WSR 08-23-100
Hearing date: December 23, 2008
Earliest adoption date: December 24, 2008
WAC 388-448-0050

PEP step II -- How we determine the severity of mental impairments.
Melissa Mathson
(360) 725-4563
Preproposal notice filed as WSR 08-15-131
Proposed rule filed as WSR 08-22-054
Hearing date: December 9, 2008
Earliest adoption date: December 24, 2008
Chapter 388-14A WAC

Division of Child Support rules.
Onika Garvin
(360) 664-5230
Preproposal notice filed as WSR 08-06-089
Proposed rules filed as WSR 08-22-028
Hearing date: December 23, 2008
Earliest adoption date: December 24, 2008
WAC 388-489-0025

Can my transitional food assistance benefits end before the end of my five-month transition period?
John Camp
(360) 725-4616
Preproposal notice filed as WSR 08-17-107
Proposed rule filed as WSR 08-21-104
Hearing date: November 25, 2008
Earliest adoption date: November 26, 2008
WAC 388-478-0015

Need standards for cash assistance.

Jenny Grayum
(360) 725-4583

Preproposal notice filed as WSR 08-15-134
Proposed rule filed as WSR 08-20-081
Hearing date: November 4, 2008
Earliest adoption date: November 5, 2008
WAC 388-448-0030 and 0040

These changes are needed to clarify and align the medical evidence rules with the intent of RCW 74.04.005.
Melissa Mathson
(360) 725-4563
Preproposal notice filed as WSR 08-13-048
Proposed rules filed as WSR 08-19-044
Hearing date: October 21, 2008
Earliest adoption date: October 22, 2008
WAC 388-412-0015 and 388-450-0185

The proposed changes update income and deduction standards used for Basic Food and WASHCAP as required under regulations for the Food Stamp Program.
Don Winslow
(360) 725-4580
Preproposal notices filed as WSR 08-03-095 & 08-13-055
Proposed rules filed as WSR 08-18-050
Hearing date: October 7, 2008
Earliest adoption date: October 8, 2008
WAC 388-450-0190 and 388-478-0060

The proposed changes update income and deduction standards used for Basic Food and WASHCAP as required under regulations for the Food Stamp Program.
Don Winslow
(360) 725-4580
Preproposal notice filed as WSR 08-13-055
Proposed rules filed as WSR 08-18-049
Hearing date: October 7, 2008
Earliest adoption date: October 8, 2008
WAC 388-492-0090

How often do my WASHCAP food benefits need to be reviewed?
Rebecca Henrie
(360) 725-4615
Preproposal notice filed as WSR 08-12-069
Proposed rule filed as WSR 08-17-110
Hearing date: September 23, 2008
Earliest adoption date: September 24, 2008
WAC 388-450-0195 and 388-492-0070

The proposed changes update utility standards for Basic Food, the WASHCAP high cost shelter standard, the WASHCAP low cost shelter standard, and the WASHCAP shelter threshold.
John Camp
(360) 725-4616
Preproposal notice filed as WSR 08-13-055
Proposed rules filed as WSR 08-17-109
Hearing date: September 23, 2008
Earliest adoption date: September 24, 2008
WAC 388-478-0005

Cash assistance need and payment standards and grant maximum.
Ian Horlor
(360) 725-4634
Preproposal notice filed as WSR 08-14-120
Proposed rule filed as WSR 08-17-108
Hearing date: September 23, 2008
Earliest adoption date: September 24, 2008
WAC 388-470-0055

How do my resources count toward the resource limit for Basic Food?
John Camp
(360) 725-4616
Preproposal notice filed as WSR 08-03-095
Proposed rule filed as WSR 08-15-060
Hearing date: August 26, 2008
Earliest adoption date: August 27, 2008
WAC 388-310-0800

WorkFirst Support Services.
Ian Horlor
(360) 725-4634
Preproposal notice filed as WSR 08-09-140
Proposed rule filed as WSR 08-14-126
Hearing date: August 5, 2008
Earliest adoption date: August 6, 2008
WAC 388-472-0005

What are my rights and responsibilities?
Ian Horlor
(360) 725-4634
Preproposal notice filed as WSR 08-08-111
Proposed rule filed as WSR 08-14-124
Hearing date: August 5, 2008
Earliest adoption date: August 6, 2008
WAC 388-436-0050

Determining financial need and benefit amount for CEAP.
Ian Horlor
(360) 725-4634
Preproposal notice filed as WSR 08-10-101
Proposed rule filed as WSR 08-14-123
Hearing date: August 5, 2008
Earliest adoption date: August 6, 2008
WAC 388-436-0045, 0055, 0060

These changes are necessary in order to provide the rules for administering the Disaster Cash Assistance Program.
Ian Horlor
(360) 725-4634
Preproposal notice filed as WSR 08-09-109
Proposed rules filed as WSR 08-14-122
Hearing date: August 5, 2008
Earliest adoption date: August 6, 2008
WAC 388-478-0055

The proposed changes update the state supplemental payments (SSP) standard for residents of a medical institution.
Olga Walker
(360) 725-4641
Preproposal notice filed as WSR 08-09-106
Proposed rule filed as 08-13-047
Hearing date: July 22, 2008
Earliest adoption date: July 23, 2008
WAC 388-448-0180

The proposed changes will allow the department to extend Medicaid benefits to GAX recipients in the SSI post appeal process.
Melissa Mathson
(360) 725-4563
Preproposal notice filed as WSR 08-09-108
Proposed rule filed as 08-13-046
Hearing date: July 22, 2008
Earliest adoption date: July 23, 2008
WAC 388-478-0020 and 0035

These proposed changes are needed to revise the payment standards and the earned income limits for TANF, SFA and RCA.
Ian Horlor
(360) 725-4634
Preproposal notice filed as WSR 08-09-040
Proposed rule filed as 08-13-045
Hearing date: July 22, 2008
Earliest adoption date: July 23, 2008
WAC 388-310-1600 and 1800

These changes are necessary to change the reference related to Working Connections Child Care. The Department of Early Learning (DEL) has recently changed the title number of chapter 388-290 WAC to chapter 170-290 WAC.
Olga Walker
(360) 725-4641
Proposed rules filed as WSR 08-12-084
Hearing date: July 8, 2008
Earliest adoption date: July 9, 2008
WAC 388-414-0001

Do I have to meet all eligibility requirements for Basic Food?
John Camp
(360) 725-4616
Preproposal notice filed as WSR 08-08-109
Proposed rule filed as WSR08-12-083
Hearing date: July 8, 2008
Earliest adoption date: July 9, 2008
WAC 388-310-2100

WorkFirst career services program.
Ian Horlor
(360) 725-4634
Preproposal notice filed as WSR 08-05-041
Proposed rule filed as WSR 08-11-089
Hearing date: June 24, 2008
Earliest adoption date: June 25, 2008
WAC 388-450-0200

Will the medical expenses of elderly persons or individuals with disabilities in my assistance unit be used as an income deduction for Basic Food?
Rebecca Henrie
(360) 725- 4615
Preproposal notice filed as WSR 08-08-112
Proposed rule filed as WSR 08-11-085
Hearing date: June 24, 2008
Earliest adoption date: June 25, 2008

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Health & Recovery Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
WAC 388-490-0005

The department requires proof before authorizing benefits for cash, medical, and Basic Food.
Kathy Sayre
(360) 725-1342
Preproposal notice filed as WSR 08-20-088
Proposed rule filed as WSR 08-23-099
Hearing date: December 23, 2008
Earliest adoption date: December 24, 2008
WAC 388-416-0015; 388-418-0025; 388-478-0075; 388-505-0210, 0211; 388-542-0010, 0020, 0050 and 0300

Legislation passed approving expansion of the premium-based Children's Healthcare for children in households with incomes up to and including 300% of FPL. The program name changed from "Children's Healthcare for Children" to "Apple Health for Kids." This rule will increase the number of children who qualify for medical coverage.
Jonell Blatt
(360) 725-1571
Preproposal notice filed as WSR 08-15-006
Proposed rules filed as WSR 08-21-105
Hearing date: November 25, 2008
Earliest adoption date: November 26, 2008
Chapter 388-537 WAC

School services.
Jonell Blatt
(360) 725-1571
Preproposal notice filed as WSR 07-03-057
Proposed rules filed as WSR 08-19-100
Hearing date: October 21, 2008 - Supplemental notice to WSR 08-15-129
Earliest adoption date: August 27, 2008
WAC 388-865-0105, 0106, 0410, 0484, 0511, 0526

Mental Health Division is recodifying its policy on how it administers community mental health services in the event of a nonparticipating regional support network.
Kevin Sullivan
(360) 725-1344
Preproposal notice filed as WSR 08-01-107
Proposed rules filed as WSR 08-18-047
Hearing date: October 7, 2008
Earliest adoption date: Octobe 8, 2008
WAC 388-550-2570, 2580 and 2590

The proposed changes update and clarify sections pertaining to the department's long term acute care (LTAC) program definitions, requirements and processes.
Kathy Sayre
(360) 725-1342
Preproposal notice filed as WSR 07-16-107
Proposed rules filed as WSR 08-17-102
Hearing date: September 23, 2008
Earliest adoption date: September 24, 2008
Chapter 388-537 WAC

School services.
Jonell Blatt
(360) 725-1571
Preproposal notice filed as WSR 07-03-057
Proposed rules filed as WSR 08-15-129
Hearing date: August 26, 2008
Earliest adoption date: August 27, 2008
WAC 388-550-4670, 4690 and 5410

This rule proposal ensures consistent policies for calculating the interim and final hold harmless grant payment amounts to hospitals qualifying for certified public expenditure (CPE) payments.
Kathy Sayre
(360) 725-1342
Preproposal notice filed as WSR 08-11-090
Proposed rules filed as WSR 08-15-128
Hearing date: August 26, 2008
Earliest adoption date: August 27, 2008
Chapter 388-805 WAC

Certification requirements for chemical dependency service providers.
Deb Cummins
(360) 725-3716
Preproposal notice filed as WSR 07-24-004
Proposed rules filed as WSR 08-15-106
Hearing date: September 23, 2008
Earliest adoption date: September 24, 2008
WAC 388-544-0475

The department is making this housekeeping change to repeal a redundant rule.
Wendy Boedigheimer
(360) 725-1306
Preproposal notice filed as WSR 07-10-125
Proposed rule filed as WSR 08-15-056
Hearing date: August 26, 2008
Earliest adoption date: August 27, 2008
WAC 388-530-1000, 1050, 2000, 2100, 3000, 3200, 4100 and 4150

Outpatient drug program.
Jonell Blatt
(360) 725-1571
Preproposal notice filed as WSR 08-10-109
Proposed rules filed as WSR 08-15-007
Hearing date: August 26, 2008
Earliest adoption date: August 27, 2008
WAC 388-535-1245

Access to baby and child dentistry (ABCD) program.
Kathy Sayre
(360) 725-1342
Preproposal notice filed as WSR 07-16-110
Proposed rules filed as WSR 08-12-074
Hearing date: July 8, 2008
Earliest adoption date: July 9, 2008
WAC 388-535A-0010, 0020, 0030, 0040, 0050, 0060

Updates definitions, clarifies who is eligible for services, extends time period HRSA covers comprehensive full orthodontic treatment, updates cross references and clarifies, simplifies and omits redundant language.
Kathy Sayre
(360) 725-1342
Preproposal notice filed as WSR 07-21-021
Proposed rules filed as WSR 08-12-073
Hearing date: July 8, 2008
Earliest adoption date: July 9, 2008
WAC 388-501-0100

Subrogation.
Wendy Boedigheimer
(360) 725-1306
Preproposal notice filed as WSR 08-03-073
Proposed rule filed as WSR 08-11-091
Hearing date: June 24, 2008
Earliest adoption date: June 25, 2008
Chapter 388-538 WAC

Managed care.
Kathy Sayre
(360) 725-1342
Preproposal notice filed as WSR 08-01-082
Proposed rules filed as WSR 08-09-029
Hearing date: May 27, 2008
Earliest adoption date: May 28, 2008
WAC 388-531-2000

Increased payments for physician-related services for qualified trauma cases.
Kathy Sayre
(360) 725-1342
Preproposal notice filed as WSR 08-01-083
Proposed rule filed as WSR 08-05-105
Hearing date: March 25, 2008
Earliest adoption date: March 26, 2008

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Juvenile Rehabilitation Administration
Rule Title/Subject Contact Person Washington State Register Citations
WAC 388-740-0010, 0040 and 0070

The department is amending these rules to implement RCW 13.40.210(4)(b), effective October 1, 2007, incorporating statutory language and defining behavior which may be cause for the secretary to modify parole and return a juvenile sex offender to confinement for up to twenty-four weeks.

Lee Mosley
(360) 902-8092

Preproposal notice filed as WSR 07-16-089
Proposed rules filed as WSR 08-16-099
Hearing date: September 9, 2008
Earliest adoption date: September 10, 2008
     

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Management Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
WAC 388-06-0010, 0600, 0605, 0610, 0615, 0620, 0625, 0630, 0635, 0640

These rules describe the requirements related to background checks for DSHS employees and applicants. RCW 43.43.832 requires the department to adopt employee background check rules and standards.
Cindy LaRose
(360) 902-8072
Preproposal notice filed as WSR 07-11-097
Proposed rules filed as WSR 08-22-039
Hearing date: December 9, 2008
Earliest adoption date: December 10, 2008
Chapter 388-885 WAC

Civil commitment cost reimbursement.
Mark Davis
(253-617-6283
Preproposal notice filed as WSR 08-01-022
Proposed rules filed as WSR 08-15-057
Hearing date: August 26, 2008
Earliest adoption date: August 27, 2008
Chapter 388-02 WAC

DSHS Hearing Rules.
Brian Lindgren
(360) 664-6093
Preproposal notice filed as WSR 07-10-112
Proposed rules filed as WSR 08-09-105
Hearing date: June 10, 2008
Earliest adoption date: June 11, 2008

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Office of the Secretary
Rule Title/Subject Contact Person Washington State Register Citations
     

Contact the DSHS Rules Coordinator to:

Rules Coordinator  
Rules and Policies Assistance Unit Phone: (360) 664-6094
PO Box 45850 TTY: (360) 664-6178
Olympia, WA 98504 FAX: (360) 664-6185