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Recently Adopted Rules (CR-103P and CR-103E)

The permanent rules listed below have been filed and will remain on this page for a period of one year after adoption. The rule title links to the CR-103P or CR-103E form and text. Emergency rules will remain until they are replaced or the 120-day limit has elapsed.

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 & Long-Term Support | Children's | Economic Services | Medicaid Purchasing | Juvenile Rehabilitation | Financial Services | Office of the Secretary

Aging & Long-Term Support
Rule Title/Subject Contact Person Washington State Register Citations
Chapter 78A WAC

These changes consolidate the Secretary’s Lists of Crimes and Negative Actions) that disqualify persons from being a provider for Home and Community Services (HCS), Residential Services RCS), and Developmental Disabilities Administration (DDA) while also clarifying background check requirements. This consolidated locations and list provide better clarity and understanding for the public and contracted entities, reduce the amount of WAC language, and help preserve the health and safety of our clients.
Jeanette Childress
(360) 725-2591
PERMANENT ADOPTION
WSR 14-14-031
Effective date: July 25, 2014
Chapter 388-101 WAC

The changes consolidate the Secretary’s Lists of Crimes and Negative Actions) that disqualify persons from being a provider for Home and Community Services (HCS), Residential Services (RCS), and Developmental Disabilities Administration (DDA) while also clarifying background check requirements. This consolidated locations and list provide better clarity and understanding for the public and contracted entities, reduce the amount of WAC language, and help preserve the health and safety of our clients.
Jeanette Childress
(360) 725-2591
PERMANENT ADOPTION
WSR 14-14-030
Effective date: July 25, 2014
WAC 388-825-335, 375, 380, 385; 388-829A-290, 300; 388-829C-460, 470

The changes consolidate the Secretary’s Lists of Crimes and Negative Actions that disqualify persons from being a provider in Home and Community Services (HCS), Residential Services (RCS), and Developmental Disabilities Administration (DDA) contracted or licensed setting while also clarifying background check requirements. The amendments in this rulemaking include: Aligning disqualifying criminal history standards with the Aging and Long Term Support Administration (ALTSA); Moving all DDA background check related rules from the Background Check Central Unit (BCCU) into DDA Program WAC; and Creating grandfathering language for workers hired and qualified prior to implementation of new standards, for all but the most egregious crimes.
Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 14-14-029
Effective date: July 25, 2014
Chapter 388-76 WAC

The changes were to consolidate the Secretary’s Lists of Crimes and Negative Actions ) that disqualify persons from being a provider for Home and Community Services (HCS), Residential Services (RCS), and Developmental Disabilities Administration (DDA) while also clarifying background check requirements. This consolidated locations and list provide better clarity and understanding for the public and contracted entities, reduce the amount of WAC language, and help preserve the health and safety of our clients.
Jeanette Childress
(360) 725-2591
PERMANENT ADOPTION
WSR 14-14-028
Effective date: July 25, 2014
WAC 388-97-0001, 97-1800, 97-1820, 97-4220

The changes were to consolidate the Secretary’s Lists of Crimes and Negative Actions ) that disqualify persons from being a provider for Home and Community Services (HCS), Residential Care Services (RCS), and Developmental Disabilities Administration (DDA) while also clarifying background check requirements. This consolidated locations and list provide better clarity and understanding for the public and contracted entities, reduce the amount of WAC language, and help preserve the health and safety of our clients.
Jeanette Childress
(360) 725-2591
PERMANENT ADOPTION
WSR 14-14-027
Effective date: July 25, 2014
Chapter 388-71 WAC & Chapter 388-113 WAC

The department is amending chapter 388-71 WAC and creating chapter 388-113 WAC, to support the health and safety of clients, to consolidate the various DSHS Secretary’s Lists of Crimes and Negative Actions in the Aging and Long Term Support Administration thus providing a uniform background check standard for all caregivers, and to reduce the overall costs of processing background checks.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 14-14-025
Effective date: July 25, 2014
Chapter 388-106 WAC

The department is repealing the Chronic Care Management Program (CCM) as the CCM state plan service ended on October 31, 2013. Washington has received approval from the Centers for Medicare and Medicaid Services to offer Health Home services under its Medicaid program. Health Home services are comparable to CCM services. The state’s new Health Home service contracted through the Health Care Authority will replace the CCM Program.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 14-13-060
Effective date: July 13, 2014
Chapter 388-71 WAC

The department is amending Chapter 388-71 WAC, specifically the Home Care Referral Registry (HCRR), in order to make program revisions by bringing the HCRR WAC into alignment with the Individual Provider WAC.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 14-13-062
Effective date: July 13, 2014
Chapter 388-823 WAC

The changes are to clarify rules which determine whether an individual meets the requirements for Developmental Disabilities Administration (DDA) eligibility. Overall changes in organization and language have been made to reduce confusion for DDA, applicants and DDA clients. Amendments align eligibility requirements for Autism with the Diagnostic and Statistical Manual – Fifth Edition (DSM-5). Furthermore, combining the categories of “another neurological” and “other condition” eliminate confusion between the WAC and RCW language.
Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 14-12-046
Effective date: July 1, 2014
WAC 388-97-0001, 0300, 0460, 0520, 1640, 1840, 4480

The department is amending these rules to comply with changes to state law made by the 2013 Legislature in Senate Bill (SB) 5077 Gender-Neutral Terms and Senate Bill (SB) 5510 Vulnerable Adults-Abuse. Changes related to SB 5077 include changing the term “ombudsman” to “ombuds” in multiple sections. Changes related to SB 5510 include amending the definition of the term “neglect.”
Jeanette Childress
(360) 725-2591
PERMANENT ADOPTION
WSR 14-12-040
Effective date: June 29, 2014
WAC 388-106-0135

The department is amending this rule as a result of a settlement agreement reached in D.B. v. Arnold-Williams, W.D. Wa. No. 11-cv-2017-RBL, and adding a new section under WAC 388-106-0136. The rules will establish a limitation extension process to request medically necessary additional hours of personal care services for individuals under the age of 21, and provide a fair hearing process to challenge the denial of such services. This filing ensures that the state remains compliant with federal requirements that apply to medical services for individuals under the age of 21.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 14-10-077
Effective date: June 26, 2014
Chapter 388-111 WAC

The department is amending these rules to comply with and be consistent with Substitute House Bill (SHB) 2056 Assisted Living Facilities (Chapter 10, Laws of 2012) passed in the 2012 legislative session. The department is also amending the chapter to comply with federal law regarding terminology used in Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) regulations. Changes related to SHB 2056 include replacing the term “boarding home” with “assisted living facility” to be consistent with amendments to Chapter 18.20 RCW. Changes related to federal law regarding terminology used in the ICF/IID program include changing references to “mental retardation” to “intellectual disability” and changing all references to “mentally retarded individual” to “an individual with an intellectual disability.”
John Gaskell
(360) 725-3210
PERMANENT ADOPTION
WSR 14-10-034
Effective date: May 30, 2014
Chapter 388-101 WAC

The department is amending these rules to comply with changes to state law made by the 2013 Legislature in Senate Bill (SB) 5510 Vulnerable Adults-Abuse. In addition, the department is amending rules to comply with Substitute House Bill (SHB) 2056 Assisted Living Facilities (Chapter 10, Laws of 2012. Changes related to SB 5510 include amending the definition of the term “neglect.” Changes related to SHB 2056 (Chapter 10, Laws of 2012) include replacing the term “boarding home” with “assisted living facility” in Chapter 18.20 RCW.
John Gaskell
(360) 725-3210
PERMANENT ADOPTION
WSR 14-10-028
Effective date: May 29, 2014
WAC 388-440-0001 and WAC 388-106-1305

The department is amending these rules to include an individual’s serious risk of institutionalization as a consideration in determining whether DSHS staff are authorized to request an Exception To Rule, and to place into rule the Exception To Rule process for in-home personal care described in DSHS Home and Community Services Management Bulletin H13-001.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 14-09-015
Effective date: May 5, 2014
WACs 388-827-0115, 0145; 388-823-1010; 388-832-0085, 0130; and 388-828-9140

The purpose for these changes is to allow the DDA to continue enrollment of individuals onto the Individual and Family Services (IFS) program, who have been waiting for needed services and supports. These changes will enable families to continue caring for their family members in their own homes and help stabilize families and individuals who are experiencing increased caregiving stress and crisis by providing respite from their caregiving duties.
Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 14-07-028
Effective date: April 10, 2014
Chapter 388-110 WAC

The rule change is needed to amend chapter 388-110 WAC to change the term “boarding home” to “assisted living facility” throughout the chapter in compliance with Substitute House Bill (SHB) 2056 passed in the 2011-2012 legislative session. The scope of this rulemaking is limited to the terminology change from “boarding home” to “assisted living facility.”
Jeanette Childress
(360) 725-2591
PERMANENT ADOPTION
WSR 14-07-021
Effective date: April 7, 2014
WAC 388-78A-2020, 2035, 2440, 2460, 2474, 2730 and 3180

The department is amending these rules to comply with and be consistent with newly passed state laws Senate Bill 5077Gender-Neutral Terms; House Bill 1629 Concerning credentialing and continuing education requirements for longterm services; and Senate Bill 5510 Vulnerable Adults—Abuse.
Jeanette Childress
(360) 725-2591
PERMANENT ADOPTION
WSR 14-05-035
Effective date: March 15, 2014
New section in Chapter 388-106 WAC

The department is adding new sections in Chapter 388-106 to establish a methodology for how DSHS calculates nursing home comparable home and community based long-term care availability to be used in the nursing home certificate of need process in Washington State. DSHS is creating this new section for clarification about how it calculates comparable nursing home capacity.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 14-05-061
Effective date: March 21, 2014
WACs 388-877A-0100, 388-877A-0110, 388-877B-0320, 388-877B-0420, 388-877B-0500

The department is adopting a new section that describes individual treatment services and the staff qualifications required of individuals who provide these outpatient mental health services; to amend sections in order to update and clarify information regarding behavioral health agency staff requirements, documentation requirements, off-site assessments, and requirements when an individual is transferred to another service provider; to remove a reference to the Alcoholism and Drug Addiction Treatment and Support Act (ADATSA) which ended on December 31, 2013.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 14-06-093
Effective date: April 4, 2014
WAC 388--865-0400, 0405, 0420, 0425, 0460

The department repealed WAC 388-865-0469, Applied behavior analysis (ABA) services filed on May 29, 2013 under WSR 13-12-026, & replaced it with WAC 388-877A-0370, Recovery support services requiring program-specific certification—ABA services. This rule contains the licensure, certification, and staffing requirements for agencies providing ABA services to assist children with autism spectrum disorders. WAC 388-865-0400, -0405, -0420, -0425, & -0460 are also being repealed because the requirements in these sections are now included in chapters 388-877 & 388-877A WAC. The new rule ensures the continued implementation of the requirements of a settlement agreement resulting from Washington Autism Alliance and Advocacy, et al. v. Douglas Porter, U.S. District Court, Western District of Washington, Case No. 2:12- cv-0072-RAJ. The rule also ensures the continued provision of minimum standards for agencies to obtain & maintain licensure from the DSHS so that licensed agencies may contract with the HCA to deliver ABA services to eligible individuals. HCA has adopted rules in Title 182 WAC to implement this settlement agreement.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 14-06-094
Effective date: April 4, 2014
WAC 388-106-0010 and 388-106-0130

The department is amending and clarifying rules to revise the assessment process for allocating personal care hours as a result of the Washington State Supreme Court decision in Samantha A. v. Department of Social and Health Services. This CR 103P supersedes the emergency rule filed as WSR 14-04-008 on January 23, 2014.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 14-04-097
Effective date: March 7, 2014
WAC 388-106-0010 and 388-106-0130

The department is amending and clarifying rules to revise the assessment process for allocating personal care hours as a result of the Washington State Supreme Court decision in Samantha A. v. Department of Social and Health Services. See attachment A for further information.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 14-04-008
Effective date: January 26, 2014
WAC 388-105-0005

WAC 388-105-0005 contains the rate table used to calculate the daily Medicaid rate for Adult Family Homes and Assisted Living Facilities contracted to provide Assisted Living, Adult Residential Care, and Enhanced Adult Residential Care. To comply with the budgetary directives put forth by the legislature in ESSB 5034 (2013-2015 Biennial Budget), changes need to be made to WAC 388-105-0005 including: An increase to funding for Adult Family Homes in relation to an increased license fee.
Elizabeth Pashley
(360) 725-2447
PERMANENT ADOPTION
WSR 14-03-113
Effective date: February 21, 2014
Chapter 388-106 WAC

The department is amending Chapter 388-106 WAC due to changes the Centers for Medicare and Medicaid Services (CMS) made to eligibility rules for the federal Money Follows the Person (MFP) grant. As part of the Patient Affordable Care Act (PACA), MFP eligibility was reduced from a six month institutional stay to 90 qualified days and Medicaid eligibility changed from 30 days to one day immediately prior to discharge. Current WAC does not reflect these changes. PACA also extended the grant from an expiration of 2013 to 2020. Due to this extension, it was also decided that additional rule needed to be add to RCL WAC for use in Planned Action Notices (PANs) and exception to rule (ETR) requests.
Elizabeth Pashley
(360) 725-2447
PERMANENT ADOPTION
WSR 14-01-112
Effective date: January 18, 2014
388-106-0033 WAC

The department is adding new WAC 388-106-0033, to chapter 388-106 WAC on Applying for Long-Term Care Services, in order to describe when a client may receive enhanced adult residential care-specialized dementia care (SDC). The new WAC clarifies who is eligible to receive Specialized Dementia Care services in language that is consistent with the CARE assessment instrument.
John Gaskell
(360) 725-3210
PERMANENT ADOPTION
WSR 14-02-094
Effective date: February 1, 2014
388-845 WAC

Effective January 1, 2014, please rescind emergency rules filed as WSR 14-01-064 for chapter 388-845 WAC. Permanent rules filed on November 26, 2013 as WSR 13-24-045 become effective January 1, 2014.
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 14-02-035
Effective date: January 1, 2014
WAC sections 388-845-0110, 0205, 0210, 0215, 0220, 0225, 0505, 0800, 0820, 1110, 1105, 1150, 1400, 1410, 2110, 2205, 2210

To amend and add new sections to Chapter 388-845 WAC, DDD Home and Community Based Services Waivers, to be in compliance with the requirements of Chapter 49, Laws of 2012 (Substitute Senate Bill 6384) and related federal waivers recently renewed through Centers for Medicare and Medicaid Services (CMS). These changes add dental services as a waiver service and align this chapter with the changes being made to those in chapter 388-828 WAC for community services. This is a subsequent request to the previous emergency filed as WSR 13-17-122 on August 21, 2013.
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 14-01-064
Effective date: December 19, 2013
WAC sections 388-823-1010, 388-832-0085, 388-827-0145 and 388-828-9140

The purpose for these emergency rules is to allow the DDA to continue enrollment of individuals onto the individual and family services (IFS) program who have been waiting for services and supports. These changes have enabled families to continue caring for their family members in their own homes and help stabilize families and individuals who are experiencing increased caregiving stress and crisis by providing respite from their caregiving duties. The Department filed the CR 101 on August 26, 2013, and is in the process of filing the CR-102 to make these changes permanent.
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 14-01-057
Effective date: December 12, 2013
WAC 388-845-0205

To permanently adopt amendments to sections of Chapter 388-845 WAC “DDD home and community based services waivers” to remain in compliance with the requirements of chapter 49, Laws of 2012 (related to community access services). In addition these amendments remove Basic Waiver, add dental services as a waiver service option until January 1, 2014; align this chapter with amendments to chapter 388-828 WAC for community access services; and provides updates to WAC and RCW references, titles and links, names of state agencies and updates to language structure so that readers will have an easier and better overall understanding of the rules.
Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 13-24-045
Effective date: January 1, 2014
WAC 388-800-0040; 388-800-0045; 388-800-0120

The department is repealing WAC 388-800-0040, 388-800-0045, and 388-800-0120 because the legislature did not appropriate funds for the ADATSA program beyond December 31, 2013. Individuals eligible for this program may be considered newly eligible under the federal Patient Protection and Affordable Care Act (ACA) rules beginning January 1, 2014.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 13-24-046
Effective date: December 31, 2013
WAC 388-865-0217

The department is repealing WAC 388-865-0217 because the legislature did not appropriate funds for the Psychiatric indigent inpatient (PII) program beyond December 31, 2013. Individuals eligible for the PII program may be considered newly eligible under the federal Patient Protection and Affordable Care Act (ACA) rules beginning January 1, 2014.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 13-23-019
Effective date: December 31, 2013
WAC 388-105-005

The department adjusting the rate table in accordance with the 2014-2016 biennial budget
Elizabeth Pashley
(360) 725-2447
EMERGENCY ADOPTION
WSR 13-22-039
Effective date: October 31, 2013
WAC 388-106-0300 and 388-106-0350

The department is amending in order to continue dental services under the COPES waiver as required by the Legislature in 2011. The department received approval for this action from the Centers for Medicare and Medicaid in 2012. The 2013 Legislature restored adult dental services to the Medicaid State Plan effective January 1, 2014, so this emergency will expire on December 31, 2013.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 13-22-006
Effective date: October 26, 2013
WAC 388-106-0130

The department is amending and clarifying rules to revise the assessment process for allocating personal care hours as a result of the Washington State Supreme Court decision in Samantha A. v. Department of Social and Health Services. Additionally, the department is making changes based on an agreement with a child development expert from Oregon regarding the ages in WAC 388-106-0130. See attachment A for further information.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 13-20-076
Effective date: September 30, 2013
WAC 388-823-1010, 388-832-0085, 388-832-0130, 388-827-0145 and 388-828-9140

To allow the Developmental Disabilities Administration (DDA) to immediately begin
enrollment of individuals onto the individual and family services (IFS) program who have been waiting for services and supports..
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 13-17-062
Effective date: September 1, 2013
Chapter 388-845 WAC

DDD Home and Community Based Services Waivers, to be in compliance with the requirements of Substitute Senate Bill 6384 and related Federal waivers recently renewed through Centers for Medicare and Medicaid Services (CMS).
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 13-17-122
Effective date: August 21, 2013
Chapter 388-106 WAC

Long-Term Care Services, specifically the New Freedom Directed Services, in order to make program revisions.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 13-17-125
Effective date: September 21, 2013
Chapter 388-106 WAC

Long-Term Care Services, specifically the New Freedom Directed Services, in order to make program revisions. The department filed a permanent rule on August 21, 2013 as WSR 13-17-125 but the text did not include the changes made as a result of public comment. This filing supersedes the permanent filing WSR 13-17-125. See Attachment A for the list of the changes.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 13-18-039
Effective date: October 1, 2013
WAC 388-105-0005

To adjust the rate table in accordance with the 2014-2015 Biennial Budget (3ESSB 5034).
Elizabeth Pashley
(360) 725-2447
EMERGENCY ADOPTION
WSR 13-15-002
Effective date: July 3, 2013
WAC 388-106-0300 and 0305

The department is amending rules in order to restore dental services under the COPES waiver as required by the Legislature in 2011. The department received approval for this action from the Centers for Medicare and Medicaid in 2012.

Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 13-14-037
Effective date: July 12, 2013
WAC 388-106-0010 and 0130

The department is amending and clarifying rules to revise the assessment process for allocating personal care hours as a result of the Washington State Supreme Court decision in Samantha A. v. Department of Social and Health Services.
Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 13-14-006
Effective date: June 23, 2013
Chapter 388-78A WAC

Assisted Living Facility rules.
Jeanette Childress
(360) 725-2591
PERMANENT ADOPTION
WSR 13-13-063
Effective date: July 19, 2013
Chapter 388-877 WAC

These permanent rules allow for a single set of agency administrative, personnel, and clinical policies and procedures that address specific treatment populations and levels of care. These rules support the program-specific rules in chapters 388-877A, 388-877B, and 388-877C WAC.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 13-12-054
Effective date: July 1, 2013
Chapters 388-877A, 388-877B, 388-877C, 388-805, 388-816, 388-865 WAC

These permanent rules establish program-specific rules for mental health, chemical dependency, and problem and pathological gambling services and replace the current rules in chapters 388-865, 388-816, and 388-805 WAC..

Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 13-12-053
Effective date: July 1, 2013
WAC 388-865-0400, 0405, 0420, 0425, 0460

These permanent rules provide minimum standards for agencies to obtain and maintain licensure for DSHS so that licensed agencies may contract with HCA to deliver ABA services to eligible individuals.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 13-12-026
Effective date: June 29, 2013
WAC 388-865-0400, 0405, 0420, 0425 and 0460

These emergency rules provide minimum standards for agencies to obtain and maintain licensure from DSHS so that licensed agencies may contract with HCA to deliver ABA services to eligible individuals.

Kathy Sayre
(360) 725-1342
EMERGENCY ADOPTION
WSR 13-10-063
Effective date: April 30, 2013
Expiration date: August 28, 2013
Chapter 388-845 WAC

DDD home and community based services waivers.
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 13-10-020
Effective date: April 26, 2013
WAC 388-106-0300 and 0305

The department is amending ruels in order to restore dental services under the COPES waiver as required by the Legislature in 2011. The department received approval for this action from the Centers for Medicare and Medicaid in 2012.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 13-07-024
Effective date: March 13, 2013
Expiration date: July 11, 2013
WAC 388-106-0010 and 0130

The department is amending rules to revise the assessment process for allocating personal care hours as a result of the Washington State Supreme Court decision in Samantha A. v. Department of Social and Health Services. Authorization for additional personal care hours for clients who have off-site laundry and living more than 45 minutes from essential services is re-instated.
Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 13-06-006
Effective date: February 24, 1013
Expiration date: June 22, 2013
Chapter 388-97 WAC

Nursing homes.
Scott Bird
(360) 725-2581
PERMANENT ADOPTION
WSR 13-04-093
Effective date: March 9, 2013
Chapter 388-845 WAC

DDD home and community based services waivers.
Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 13-04-005
Effective date: February 24, 2013
WAC 388-105-0005

The daily medicaid payment rates for clients assessed using the comprehensive assessment reporting evaluation (CARE) tool and that reside in adult family homes and assisted living facilities contracted to provide AL, ARC, and EARC services.
Elizabeth Pashley
(360) 725-2447
PERMANENT ADOPTION
WSR 13-03-093
Effective date: February 15, 2013
WAC 388-865-0400, 0405, 0420, 0425, 0460

These emergency rules provide minimum standards for agencies to obtain and maintain licensure from DSHS so that licensed agencies may contract with HCA to deliver ABA services to eligible individuals.
Kathy Sayre
(360) 725-1342
EMERGENCY ADOPTION
WSR 13-02-083
Effective date: December 31, 2012
WAC 388-845-0110, 0205, 0210, 0215, 0220, 0225, 0505, 0800, 0820, 1110, 1105, 1150, 1400, 1410, 2110, 2205, 2210

DDD home and community based services waivers.
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 13-02-062
Effective date: December 28, 2012
WAC 388-828-9325, 9339, 9335, 9340, 9345, 9350, 9355, 9360

These changes define the methodology used to determine eligibility for employment support services.
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 13-02-030
Effective date: December 28, 2012
WAC 388-828-4165, 4420, 4440, 9300, 9310

These changes define the methodology used to determine DDD community access services eligibility and the number of eligible hours each month for community access services.
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 13-02-029
Effective date: December 28, 2012
Chapter 388-71 and 388-112 WAC

To implement and clarify training requirements and criminal history background check requirements as directed in chapter 74.39A RCW and to revise implementation effective dates as directed by Initiative 1163 and ESHB 2314.
Martin Yates
(360) 725-2540
PERMANENT ADOPTION
WSR 13-02-023
Effective date: January 20, 2013
WAC 388-828-4165, 4420, 4440, 9300, 9310

These changes define the methodology used to determine DDD community access services eligibility and the number of eligible hours each month for community access services.

Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 13-01-080
Effective date: January 18, 2013
WAC 388-828-9325, 9339, 9335, 9340, 9345, 9350, 9355, 9360

These changes define the methodology used to determine eligibility for employment support services.
Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 13-01-076
Effective date: January 18, 2013
Chapter 388-825 WAC

Division of developmental disabilities services rules.
Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 12-22-037
Effective date: December 2, 2012
WAC 388-106-0010 and 0130

The department is amending rules to revise the assessment process for allocating personal care hours as a result of the Washington State Supreme Court decision in Samantha A. v. Department of Social and Health Services. Authorization for additional personal care hours for clients who have off-site laundry and living more than 45 minutes from essential services is re-instated.
Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 12-22-009
Effective date: October 28, 2012
Expiration date: February 23, 2013
WAC 388-105-0005

The daily medicaid payment rates for clients assessed using CARE tool and that reside in adult family homes, and boarding homes contracted to provide assisted living, adult residential care, and enhanced adult residential care services.

Elizabeth Pashley
(360) 725-2447
EMERGENCY ADOPTION
WSR 12-21-134
Effective date: October 24, 2012
Expiration date: February 21, 2013
WAC 388-865-0430, 0575, 0576, 0578

Implements Chapter 302, Laws of 2011 (SSB 5187) that requires, in part, an inpatient psychiatric facility that provides services to minors to inform, both verbally and in writing, a parent or guardian of a minor who is seeking treatment for that minor, of all statutorily available treatment options, including the option for parent-initiated treatment.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 12-21-133
Effective date: November 24, 2012
Chapter 388-513 and 388-515 WAC

Combining medically needy (MN) and categorically needy (CN) home and community based waivers per approval by Centers for Medicare and Medicaid Services under Waiver WA.0049.06.04, WA004.01.03, WA.0049.06.04 effective April 1, 2012.

Lori Rolley
(360) 725-2271
PERMANENT ADOPTION
WSR 12-21-091
Effective date: November 22, 2012
Chapter 388-78A WAC

Boarding home licensing rules.
Judy Johnson
(360) 725-2591
PERMANENT ADOPTION
WSR 12-21-070
Effective date: November 18, 2012
Chapter 388-71 and 388-112 WAC

The purpose of new language is to implement and clarify training requirements and criminal history background check requirements as directed in chapter 74.39A RCW and to revise the implementation effective dates as directed by I-1163 and ESHB 2314.

Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 12-21-068
Effective date: October 17, 2012
Expiration date: February 14, 2013
Chapter 388-78A WAC

Boarding home licensing rules.
Judy Johnson
(360) 725-2591
EMERGENCY ADOPTION
WSR 12-21-016
Effective date: October 8, 2012
Expiration date: February 5, 2013
WAC 388-865-0800, 0810, 0820, 0830, 0840, 0850, 0860, 0870, 0880

Chapter 148, Laws of 2011 directs the department to establish state minimum standards for certification of triage facilities.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 12-19-039
Effective date: October 13, 2012
WAC 388-865-0536 and 0755

Updates are needed to meet requirements of SSB 5452.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 12-19-038
Effective date: October 13, 2012
Chapter 388-845 WAC

DDD home and community based services waivers.
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 12-18-055
Effective date: September 1, 2012
WAC 388-828-9325, 9339, 9335, 9340, 9345, 9350, 9355 and 9360

To add new sections to be in compliance with requirements of SSB 6384 and related federal waivers recently renewed through CMS.
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 12-18-054
Effective date: September 1, 2012
WAC 388-828-4165, 4420, 4440, 9300 and 9310

To amend and add new sections to be in compliance with requirements of SSB 6384 and related federal waivers recently renewed through CMS.
Alan McMullen
(360) 725-3524
EMERGENCY ADOPTION
WSR 12-18-053
Effective date: September 1, 2012
WAC 388-527-2754

Assets not subject to recovery and other limits on recovery.
Lori Rolley
(360) 725-2271
PERMANENT ADOPTION
WSR 12-18-010
Effective date: September 23, 2012
Chapter 388-106 WAC

The department is consolidating three waivers into one to improve efficiency. This rule amendment is necessary to manage budget shortfall and maintain fund solvency. The Centers for Medicare and Medicaid (CMS) gave the department approval effective April 1, 2012. This emergency is extending the CR-103E filed on April 19, 2012 as WSR 12-10-009 until the permanent rules become effective on August 25, 2012.
Lori Rolley
(360) 725-2271
EMERGENCY ADOPTION
WSR 12-17-099
Effective date: August 18, 2012
WAC 388-845-0001, 0041, 0120, 0506, 0600, 0603, 0610, 1030, 1035, 1040, 1210, 1850, 2005, 2170

DDD home and community based services waivers.
Alan McMullen
(360) 725-3524
PERMANENT ADOPTION
WSR 12-16-095
Effective date: September 1, 2012
Chapter 388-76 WAC

Adult family home minimum licensing requirements.
Lisa Yanagida
(360) 725-2589
PERMANENT ADOPTION
WSR 12-16-087
Effective date: August 31, 2012
Chapter 388-106 WAC

The department is consolidating three waivers into one to improve efficiency. This rule amendment is necessary to manage budget shortfall and maintain fund solvency. The Centers for Medicare and Medicaid (CMS) gave the department approval effective April 1, 2012.
Lori Rolley
(360) 725-2271
PERMANENT ADOPTION
WSR 12-16-026
Effective date: August 25, 2012
Chapter 388-513 and 388-515 WAC

Combining medically needy (MN) and categorically needy (CN) home and community based waivers per approval by Centers for Medicare and Medicaid Services under Waiver WA.0049.06.04, WA004.01.03, WA.0049.06.04 effective April 1, 2012.
Lori Rolley
(360) 725-2271
EMERGENCY ADOPTION
WSR 12-16-024
Effective date: July 28, 2012
Expiration date: November 22, 2012
WAC 388-106-0300, 0305 and 0815

Long-term care services.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 12-15-087
Effective date: August 18, 2012
WAC 388-106-0125

How does CARE use criteria to place me in a classification group for in-home care?
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 12-15-039
Effective date: July 13, 2012
Expiration date: November 10, 2012
WAC 388-106-0075, 0126, 0210 and 0213

The department is repealing and amending rules in Chapter 388-106 WAC to revise the assessment process for allocating personal care hours to disabled children as a result of Washington State Supreme Court decision regarding the Samantha A. v. DSHS.
Kristi Knudsen
(360) 725-3213
PERMANENT ADOPTION
WSR 12-14-064
Effective date: July 30, 2012
WAC 388-105-0005

The 2012 Supplemental Budget makes changes to the ALF and AFH rates. The training rate add-on authorized in the Supplemental Budget is being adjusted to an ongoing rate. This emergency rule will replace and supersede WSR 12-10-048.
Elizabeth Pashley
(360) 725-2447

EMERGENCY ADOPTION
WSR 12-14-061
Effective date: July 1, 2012
Expiration date: October 27, 2012

WAC 388-106-0010 and 0130

The department is amending rules as result of Washington State Supreme Court decision in Samantha A. v. DSHS.
Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 12-14-058
Effective date: July 1, 2012
Expiration date: October 27, 2012
Chapter 388-71 and 388-112 WAC

The purpose of new language is to implement and clarify training requirements and criminal history background check requirements as directed in chapter 74.39A RCW and to revise the implementation effective dates as directed by I-1163 and ESHB 2314.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 12-13-090
Effective date: June 19, 2012
Expiration date: October 16, 2012
Chapter 388-78A WAC

Boarding home licensing rules.
Judy Johnson
(360) 725-2591
EMERGENCY ADOPTION
WSR 12-13-069
Effective date: June 18, 2012
Expiration date: October 15, 2012
WAC 388-106-0125

The department revised its assessment process for allocating personal care hours to disabled children as a result of the Washington State Supreme Court decision in the Samantha A. v. DSHS.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 12-13-068
Effective date: July 19, 2012
WAC 388-106-0075, 0126, 0130, 0213

This filing extends the current emergency rule in place as the department proceeds with the permanent adoption process.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 12-13-061
Effective date: June 16, 2012
Expiration date: October 13, 2012
WAC 388-106-0010 and 0210

This filing extends the current emergency rule in place as the department proceeds with the permanent adoption process.
Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 12-13-060
Effective date: June 16, 2012
Expiration date: October 13, 2012
Chapter 388-76 WAC

Adult family home minimum licensing requirements.
John Gaskell
(360) 725-3210
EMERGENCY ADOPTION
WSR 12-13-041
Effective date: June 13, 2012
Expiration date: October 11, 2012
WAC 388-106-1200, 1210, 1215, 1220, 1225, 1230

The department is revising rules to add language regarding the new tailored caregiver assessment and referral (TCARE) process and clarifying who is eligible to receive respite care services.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 12-13-040
Effective date: July 15, 2012
WAC 388-106-0300 and 0305

The department is adding the ADH service and eligibility into the COPES waiver effective 9/1/11 as a result of the legislative action under 2ESHB 1087. The department is directed to eliminate the ADH service under the state plan 1915(i) option and to reestablish it under the COPES waiver.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 12-12-030
Effective date: May 30, 2012
Expiration date: Sept. 26, 2012
WAC 388-106-0815

The department is amending rule to implement Adult Day Health changes as required under 2ESHB 1087.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 12-11-027
Effective date: May 12, 2012
Expiration date: Sept. 4, 2012
WAC 388-105-0005

Initiative I-1163 mandates basic minimum training standards for workers in adult family homes and in contracted assisted living, adult residential care and enhanced adult residential care facilities. The 2012 Supplemental Operating Budget provided funding for training costs.
Elizabeth Pashley
(360) 725-2447
EMERGENCY ADOPTION
WSR 12-10-048
Effective date: May 1, 2012
Expiration date: August 28, 2012
WAC 388-106-0015, 0020, 0070, 0310, 0400, 0410, 0415, 0420, 0425, 0430, 0435, 0500, 0510, 0515, 0520, 0525, 0530, 0535

The department is consolidating three waivers into one waiver to improve efficiency. This rule amendment is necessary to manage budget shortfalls and maintain fund solvency. The CMS gave department approval effective April 1, 2012.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 12-10-009
Effective date: April 19, 2012
Expiration date: August 17, 2012
WAC 388-513-1305, 1315, 1350, 1380; 388-515-1505, 1506, 1507, 1508, 1509, 1512, 1514, 1540, 1550

Combining medically needy (MN) and categorically needy (CN) home and community based waivers per approval by Centers for Medicare and Medicaid Services under Waiver WA.0049.06.04, WA004.01.03, WA.0049.06.04 effective April 1, 2012.
Lori Rolley
(360) 725-2271
EMERGENCY ADOPTION
WSR 12-08-035
Effective date: April 1, 2012
Expiration date: July 27, 2012
WAC 388-78A-2032 and 2035

The department is amending and adding sections to these rules as a result of legislative activity during session and to be consistent with newly passed state law, ESSB 5708.
Judy Johnson
(360) 725-2591
PERMANENT ADOPTION
WSR 12-08-004
Effective date: April 22, 2012
WAC 388-106-0125

The department is amending rule to revise the assessment process for allocating personal care hours to disabled children as a result of the Washington State Supreme Court decision regarding the Samantha A. V. Department of Social and Health Services.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 12-07-034
Effective date: March 17, 2012
This CR-103E continues emergency rules filed under WSR 11-23-092
WAC 388-513-1305, 1315, 1350, 1380; 388-515-1505, 1506, 1507, 1509, 1512 and 1514

Under section 6014 of the DRA of 2005, medicaid will not pay for long-term care services for individuals whose equity interest in their home exceed $500,000. Effective January 1, 2011, these limits are to be increased each year by the percentage increase in the CPIU. Effective January 1, 2011, the excess home equity limits is $506,000. The standard utility allowance reference has changed effective October 1, 2011.
Lori Rolley
(360) 725-2271
EMERGENCY ADOPTION
WSR 12-06-017
Effective date: March 1, 2012
WAC 388-78A-2461, 2462, 2464, 2465, 2466, 2468, 24681, 2469, 24701

The department is amending sections to the boarding home rules, adding sections and repealing a section to comply with Initiative 1163 recently passed by Washington state voters.
Judy Johnson
(360) 725-2591
EMERGENCY ADOPTION
WSR 12-05-115
Effective date: February 22, 2012
Chapter 388-71 and 388-112 WAC

The purpose of the new language is to implement and clarify the training requirements and the criminal history background check requirements as directed by chapter 74.39A RCW and to revise the implementation effective dates as directed by Initiative 1163.
Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 12-05-100
Effective date: February 21, 2012
This CR-103E supersedes WSR 12-02-049.
WAC 388-805-080, 090, 085, 100

Under the 2011-13 Omnibus Operating Budget, the department must establish certification fees at an amount adequate to reimburse costs for its certification and regulation activities for approved chemical treatment programs.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 12-05-091
Effective date: March 19, 2012
WAC 388-865-0474 and 0516

Under the 2011-13 Omnibus Operating Budget, the department must establish licensing and certification fees at an amount adequate to reimburse costs for its certification and regulation activities for approved mental health treatment programs.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 12-05-090
Effective date: March 19, 2012
WAC 388-76-10160, 10161, 10162, 10163, 10164, 10165, 10175, 10180 and 10200

The department is amending and adding to the adult family home rules to comply with state laws: Initiative 1163 and ESHB 1277.
Michael Tornquist
(360) 725-3204
EMERGENCY ADOPTION
WSR 12-05-089
Effective date: February 17, 2012
WAC 388-106-0075, 0126, 0130, 0213

The text of the rules has not changed. Instead, this filing is a response to a lawsuit that was filed in Thurston County Superior Court on February 1, 2012: SEIU Healthcare 775NW v. Robin Arnold-Williams and DSHS. Although DSHS maintains that there is no merit to this lawsuit and there was ample legal authority to file the previous emergency rules (WSR 11-23-082 and 12-04-053) on an emergency basis, as stated in the CR-103E forms filed in conjunctions with such rules, this filing is offered to clarify the reasons for the emergency rules.
Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 12-05-075
Effective date: February 16, 2012
This CR-103E supersedes WSR 12-04-053.
WAC 388-106-0010 and 0210

The text of the rules has not changed. This filing is a response to a lawsuit that was filed in Thurston County Superior Court on February 1, 2012: SEIU Healthcare 775NW v. Robin Arnold-Williams and DSHS, alleging that the emergency rule filing process for WSR 12-02-044 did not comply with rulemaking requirements. DSHS disagrees with those allegations. However, this CR-103E is provided to further clarity the basis for the emergency rules.
Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 12-05-074
Effective date: February 16, 2012
This CR-103E supersedes WSR 12-02-044.
WAC 388-106-0300, 0305

The department is adding the ADH service and eligibility into the COPES waiver effective 9/1/11 as a result of the legislative action under 2ESHB 1087. The department is directed to eliminate the ADH service under the state plan 1915(i) option and to reestablish it under the COPES waiver.

Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 12-04-055
Effective date: January 30, 2012
WAC 388-106-0075, 0126, 0130, 0213

The department is amending rules to revise the assessment process for allocating personal care hours to disabled children as a result of the Washington State Supreme Court decision regarding the Samantha A. V. Department of Social and Health Services.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 12-04-053
Effective date: February 1, 2012
WAC 388-96-910

Safety net assessment.
Ed Southon
(360) 725-2469
PERMANENT ADOPTION
WSR 12-04-004
Effective date: February 23, 2012
WAC 388-106-0815

Am I eligible for adult day health?
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 12-03-064
Effective date: January 12, 2012

This emergency filing replaces and supersedes emergency rules filed as WSR 11-19-061.
WAC 388-845-0600 and 0610

The proposed amendments are needed to revise the current working age adult policy to allow clients to choose between employment and community access services as directed by the legislature.
Alan McMullen
(360) 725-3524

EMERGENCY ADOPTION
WSR 12-03-063
Effective date: January 12, 2012

This emergency filing replaces and supersedes emergency rules filed as WSR 11-19-060.

WAC 388-105-0005

Effective July 1, 2011, the department increased the daily medicaid payment rates for clients assessed using the CARE tool and who reside in AFH or who reside in BH contracted to provide assisted living, adult residential care, and enhanced adult residential care services.
Ken Callaghan
(360) 725-2499
PERMANENT ADOPTION
WSR 12-02-050
Effective date: January 30, 2012
Chapter 388-71 and 388-112 WAC

The purpose of the new language is to implement and clarify the training requirements and the criminal history background check requirements as directed by chapter 74.39A RCW and to revise the implementation effective dates as directed by Initiative 1163.

Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 12-02-049
Effective date: December 30, 2011
Chapter 388-101 WAC

Certified community residential services and supports.
John Gaskell
(360) 725-3210
PERMANENT ADOPTION
WSR 12-02-048
Effective date: January 30, 2012
WAC 388-106-0010 and 0210

This emergency rule is necessary in order to comply with the state law following the Supreme Court decision in Samantha A. v. DSHS.
Kristi Knudsen
(360) 725-3213
EMERGENCY ADOPTION
WSR 12-02-044
Effective date: December 30, 2011
WAC 388-865-0103, 0474, 0516

Under the 2011-13 Omnibus Operating Budget, the department must establish licensing and certification fees at an amount adequate to reimburse costs for its certification and regulation activities for approved mental health treatment programs.
Kathy Sayre
(360) 725-1342
EMERGENCY ADOPTION
WSR 12-02-018
Effective date: December 27, 2011
WAC 388-805-080, 085, 090, 100

Under the 2011-12 Omnibus Operating Budget, the department must establish certification fees at an amount adequate to reimburse costs for its certification and regulation activities for approved chemical dependency treatment programs.

Kathy Sayre
(360) 725-1342
EMERGENCY ADOPTION
WSR 12-02-017
Effective date: December 27, 2011
Chapter 388-76 WAC

Adult family home minimum licensing requirements.
Michael Tornquist
(360) 725-3204
PERMANENT ADOPTION
WSR 12-01-004
Effective date: January 7, 2012
WAC 388-78A-2130, 2474, 2750, 2780, 2800, 3230

Boarding home licensing rules.
Judy Johnson
(360) 725-2591
PERMANENT ADOPTION
WSR 12-01-003
Effective date: January 7, 2012
WAC 388-111-0001

These amendments are necessary to comply with state law made by the 2011 Legislature in SSB 5042.
John Gaskell
(360) 725-3210
PERMANENT ADOPTION
WSR 12-01-001
Effective date: January 7, 2012
WAC 388-513-1400, 1405, 1410, 1415, 1420, 1425, 1430, 1435, 1440, 1445, 1450, 1455

Long-term care partnership program.
Lori Rolley
(360) 725-2271
PERMANENT ADOPTION
WSR 11-23-106
Effective date: December 19, 2011
WAC 388-106-0125

The department is amending rule to revise the assessment process for allocating personal care hours to disabled children as a result of the Washington State Supreme Court decision regarding the Samantha A. V. Department of Social and Health Services.

Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 11-23-092
Effective date: November 17, 2011
WAC 388-106-0075, 0126, 0130, 0213

The department is amending rules to revise the assessment process for allocating personal care hours to disabled children as a result of the Washington State Supreme Court decision regarding the Samantha A. V. Department of Social and Health Services.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 11-23-082
Effective date: November 16, 2011
WAC 388-71-05832, 05833, 05834, 05835, 05836, 05837

Long-term worker training requirements.
Kristi Knudsen
(360) 725-3213
PERMANENT ADOPTION
WSR 11-23-013
Effective date: December 8, 2011
WAC 388-97-0001, 0140, 0600, 1640, 4160, 4180, 4280 and 4460

Amendments are a result of legislative activity during session and to be consistent with federal rules and newly passed state laws.

Lisa Yanagida
(360) 725-2589
PERMANENT ADOPTION
WSR 11-22-077
Effective date: December 2, 2011

WAC 388-106-0125

The department is amending rule to revise the assessment process for allocating personal care hours to disabled children as a result of the Washington State Supreme Court decision regarding the Samantha A. V. Department of Social and Health Services.

Angel Sulivan
(360) 725-2495
NOTE: EMERGENCY ADOPTION RESCINDED BY MEMO FILED AS WSR 11-23-084 ON November 16, 2011

EMERGENCY ADOPTION

WSR 11-22-075
Effective date: December 15, 2011
WAC 388-106-0075, 0126, 0130, 0213

The department is amending rules to revise the assessment process for allocating personal care hours to disabled children as a result of the Washington State Supreme Court decision regarding the Samantha A. V. Department of Social and Health Services.
Angel Sulivan
(360) 725-2495

NOTE: EMERGENCY ADOPTION RESCINDED BY MEMO FILED AS WSR 11-23-081 ON November 16, 2011

EMERGENCY ADOPTION
WSR 11-22-073
Effective date: December 15, 2011

WAC 388-513-1305, 1315, 1350, 1380; 388-515-1505, 1506, 1507, 1509, 1512 and 1514

Under section 6014 of the DRA of 2005, medicaid will not pay for long-term care services for individuals whose equity interest in their home exceed $500,000. These limits are to be increased each year by the percentage increase in the CPIU.
Lori Rolley
(360) 725-2271
EMERGENCY ADOPTION
WSR 11-22-072
Effective date: November 1, 2011
WAC 388-106-0010

The department is adopting new rules regarding addition of a new services to the State Plan. This new services is called Chronic Care Management.
Angel Sulivan
(360) 725-2495
PERMANENT ADOPTION
WSR 11-22-043
Effective date: November 27, 2011
WAC 388-96-910

Effective July 1, 2011, the department implemented the new safety net assessment on Washington nursing facilities.

Ed Southon
(360) 725-2469
EMERGENCY ADOPTION
WSR 11-22-040
Effective date: October 29, 2011
WAC 388-105-0005

Effective July 1, 2011, the department increased the daily medicaid payment rates for clients assessed using the CARE tool and who reside in AFH or who reside in BH contracted to provide assisted living, adult residential care, and enhanced adult residential care services.

Ken Callaghan
(360) 725-2499
EMERGENCY ADOPTION
WSR 11-22-039
Effective date: October 29, 2011
WAC 388-97-4160, 4180 and 4280

Emergency adoption of these rules is necessary to comply with state law which now requires licensing fees to be established in the State Omnibus Appropriations Act effective July 1, 2011.
Lisa Yanagida
(360) 725-2589
EMERGENCY ADOPTION
WSR 11-21-033
Effective date: October 21, 2011
WAC 388-78A-2750, 2800 and 3230

The legislature passed ESHB 1277 which requires the license fee to be set in the State Omnibus Appropriations Act. The effective date of this change is July 1, 2011.
Judy Johnson
(360) 725-2591

EMERGENCY ADOPTION RESCINDED
WSR 12-03-027 (Effective: January 7, 2012)
EMERGENCY ADOPTION
WSR 11-21-032
Effective date: October 21, 2011

WAC 388-78A-2461, 2463, 2467, and 2474

The legislature passed ESHB 1548 which postpones long-term care worker training and certification requirements and fingerprint background check requirements until January 1, 2014. This bill becomes effective immediately.
Judy Johnson
(360) 725-2591
EMERGENCY ADOPTION RESCINDED
WSR 12-03-027 (Effective: January 7, 2012)
EMERGENCY ADOPTION

WSR 11-21-031
Effective date: October 21, 2011


Emergency adoption of these rules is necessary to comply with state law which now requires licensing fees to be established in the State Omnibus Appropriations Act effective July 1, 2011.

Emergency Order - WSR 11-21-074
Rescind Emergency Order Notice - WSR 11-21-073
Emergency Order - WSR 11-21-030


Michael Tornquist

(360) 725-3204


EMERGENCY ADOPTION
WSR 11-21-074 (Effective date: October 21, 2011)
EMERGENCY ADOPTION RESCINDED
WSR 11-21-073
EMERGENCY ADOPTION
WSR 11-21-030 (Effective date: October 21, 2011)

WAC 388-76-10146, 10160, 10162, 10174

Emergency adoption of these rules is necessary to comply with ESHB 1548 which delays implementation of increased training and background check requirements for long-term care workers.
Michael Tornquist
(360) 725-3204
EMERGENCY ADOPTION RESCINDED
WSR 12-03-027 (Effective: January 7, 2012)
EMERGENCY ADOPTION
WSR 11-21-029 (Effective: October 21, 2011)
Emergency adoption of these rules is necessary to comply with ESHB 1548 which delays implementation of increased training and background check requirements for long-term care workers.

Emergency Order - WSR 11-21-092
Emergency Order - WSR 11-21-028
John Gaskell
(360) 725-3210

EMERGENCY ADOPTION
WSR 11-21-092 (Filed October 18, 2011)
Replaces emergency filed as WSR 11-21-028

EMERGENCY ADOPTION
WSR 11-21-028 (Filed October 11, 2011)

WAC 388-106-0815

Am I eligible for adult day health?
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 11-19-061
Effective date: September 15, 2011
WAC 388-845-0600 and 0610

The amendments are needed to revise the current working age adult policy to allow clients to choose between employment and community access services as directed by the legislature.

Meredith Kelly
(360) 725-3524
EMERGENCY ADOPTION
WSR 11-19-060
Effective date: September 15, 2011
WAC 388-106-0300 and 0305

The department is adding the ADH service and eligibility into the COPES waiver effective 9/1/11 as a result of the legislative action under 2ESHB 1087. The department is directed to eliminate the ADH service under the state plan 1915(i) option and to reestablish it under the COPES waiver.
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 11-18-041
Effective date: September 1, 2011
WAC 388-865-0103, 0474, 0516

Under the 2011-13 Omnibus Operating Budget, the department must establish licensing and certification fees at an amount adequate to reimburse costs for its certification and regulation activities for approved mental health treatment programs.
Kathy Sayre
(360) 725-1342
EMERGENCY ADOPTION
WSR 11-18-040
Effective date: September 1, 2011
WAC 388-805-080, 085, 090, 100

Under the 2011-12 Omnibus Operating Budget, the department must establish certification fees at an amount adequate to reimburse costs for its certification and regulation activities for approved chemical dependency treatment programs.
Kathy Sayre
(360) 725-1342
EMERGENCY ADOPTION
WSR 11-18-038
Effective date: September 1, 2011
WAC 388-513-1350

Defining the resource standard and determining resource eligibility for long-term care (LTC) services.
Lori Rolley
(360) 725-2271
EMERGENCY ADOPTION
WSR 11-17-145
Effective date August 24, 2011
WAC 388-106-0125

If I am age twenty-one or older, how does CARE use criteria to place me in a classification group for in-home care?
Angel Sulivan
(360) 725-2495
EMERGENCY ADOPTION
WSR 11-17-133
Effective date: August 25, 2011
WAC 388-832-0025

Am I eligible for the IFS program if I currently receive other DDD paid services.
Meredith Kelly
(360) 725-3524
PERMANENT ADOPTION
WSR 11-17-069
Effective date: September 16, 2011
WAC 388-827-0115

What are the programmatic eligibility requirements for DDD/SSP?
Meredith Kelly
(360) 725-3524
PERMANENT ADOPTION
WSR 11-17-068
Effective date: September 16, 2011
WAC 388-105-0005

Effective July 1, 2011, the department will increase the daily medicaid payment rates for clients assessed using the CARE tool and who reside in AFH or who reside in BH contracted to provide assisted living, adult residential care, and enhanced adult residential care services.
Ken Callaghan
(360) 725-2499
EMERGENCY ADOPTION
WSR 11-14-072
Effective date: July 1, 2011
WAC 388-96-910

Effective July 1, 2011, the department will implement the new safety net assessment on Washington nursing facilities.
Ken Callaghan
(360) 725-2499
EMERGENCY ADOPTION
WSR 11-14-071
Effective date: July 1, 2011
WAC 388-76-10146, 10160, 10162, 10174

Emergency adoption of these rules is necessary to comply with ESHB 1548 which delays implementation of increased training and background check requirements for long-term care workers.
Michael Tornquist
(360) 725-3204
EMERGENCY ADOPTION
WSR 11-14-016
Effective date: June 23, 2011
WAC 388-78A-2750, 2800 and 3230

The legislature passed ESHB 1277 which requires the license fee to be set in the State Omnibus Appropriations Act. The effective date of this change is July 1, 2011.
Judy Johnson
(360) 725-2591
EMERGENCY ADOPTION
WSR 11-14-015
Effective date: June 23, 2011
WAC 388-78A-2461, 2463, 2467, and 2474

The legislature passed ESHB 1548 which postpones long-term care worker training and certification requirements and fingerprint background check requirements until January 1, 2014. This bill becomes effective immediately.
Judy Johnson
(360) 725-2591
EMERGENCY ADOPTION
WSR 11-14-014
Effective date: June 23, 2011
WAC 388-101-3000, 3050, 3200, 3245, 3250, 3253, 3255, 3258, 3302

Emergency adoption of these rules is necessary to comply with ESHB 1548 which delays implementation of increased training and background check requirements for long-term care workers.
John Gaskell
(360) 725-3210
EMERGENCY ADOPTION
WSR 11-14-013
Effective date: June 23, 2011
WAC 388-97-4160, 4180 and 4280

Emergency adoption of these rules is necessary to comply with state law which now requires licensing fees to be established in the State Omnibus Appropriations Act effective July 1, 2011.

Lisa Yanagida
(360) 725-2589
EMERGENCY ADOPTION
WSR 11-14-012
Effective date: July 1, 2011
WAC 388-76-10025, 10070, 10073

Emergency adoption of these rules is necessary to comply with state law which now requires licensing fees to be established in the State Omnibus Appropriations Act effective July 1, 2011.
Michael Tornquist
(360) 725-3204
EMERGENCY ADOPTION
WSR 11-14-011
Effective date: July 1, 2011
WAC 388-828-9200 through 9280

DDD employment acuity scale.
Mark Eliason
(360) 725-2517
PERMANENT ADOPTION
WSR 11-13-039
Effective date: July 9, 2011
WAC 388-71-06020 through 06420

Referral registry.
Kristi Knudsen
(360) 725-3213
PERMANENT ADOPTION
WSR 11-13-009
Effective date: July 4, 2011

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Children's Administration
Rule Title/Subject Contact Person Washington State Register Citations

Chapter 388-25 WAC

Extended Foster Care Services. E2SSB5405 authorized Children’s Administration to additionally provide extended foster care services to youth eighteen up to twenty-one years old who are eligible to receive foster care services authorized under RCW 74.13.031 and participating in a program or activity designed to promote employment or remove barriers to employment secondary vocational program.

Brenda Villarreal
(360) 902-7956
PERMANENT ADOPTION
WSR 14-13-051
Effective date: July 13, 2014

WAC 148-0455, 388-148-0550

The department is changing licensing regulations to meet new legislation, ESSB 6479 effective June 12, 2014. The Prudent Parenting legislation allows foster children placed with caregivers in foster homes and facilities to participate in normal childhood activities based on a reasonable and prudent parent standard.

Brenda Villarreal
(360) 902-7956
EMERGENCY ADOPTION
WSR 14-13-050
Effective date: June 12, 2014

Sections in Chapter in 388-25 WAC

To extend the emergency rule filed on 11/21/2013. The 102 was filed on 11/20/13 and a public hearing was held on 1/7/2014. CA is in the process of finalizing the text for the changes that support or to incorporate feedback from the public hearing the, the 103P is in process. The emergency filing supports ESSSB5405-Extended Foster Care Services.

Brenda Villarreal
(360) 902-7956
EMERGENCY ADOPTION
WSR 14-08-029
Effective date: March 25, 2014

Sections in 388-25 WAC

To extend the emergency rule filed on 7/28/2013 and expires 11/22/2013. The CR 101 was filed on 7/28/2013. Stakeholder work continues and further comments continue to be received. The emergency WAC supports E2SSB5405- Extended Foster Care Services. E2SSB5405 authorized Children’s Administration to additionally provide extended foster care services to youth age eighteen up to twenty-one years who are eligible to receive foster care services authorized under RCW 74.13.031 and participating in a program or activity designed to promote employment or remove barriers to employment secondary vocational program. Youth whose dependency has been dismissed may enter a Voluntary Placement Agreement one time. A youth must agree to the entry of a dependency order within 180 days of the date the youth was placed in foster care through the VPA to continue to receive services. CR 102 was be filed on November 20, 2013 as WSR 13-23-102 and hearing scheduled on January 7, 2014.

Darcey Hancock
(360) 902-0288
EMERGENCY ADOPTION
WSR 13-24-006
Effective date: November 22, 2013

388-145-0120, 388-145-0560, 388-147-0070, 388-147-0380, 388-148-0050, 388-148-0345, 388-148-0541, 388-148-0542, 388-160-0145 and 388-160-0565

The department is suspending the following WACs in response to a nationwide shortage of tuberculosis skin tests. These tests are required for all individuals applying for a license to provide residential care, to work as staff or volunteer in a residential facility for children, or to provide respite care or to have regular unsupervised access to a child in care. Lack of availability of these tests is preventing licensure of foster families and other residential resources to provide care for children. The department intends to suspend these rules until such time that the tests are available. The department will monitor homes to complete testing at that time.

Darcey Hancock
(360) 902-0288
EMERGENCY ADOPTION
WSR 13-23-018
Effective date: November 13, 2013

WAC 388-15-085(2) and 388-15-093(3)

An alleged perpetrator of child abuse and/or neglect has to request CPS review a founded CPS finding of Child Abuse and Neglect (from 20 days to 30 days) and; By which the review is to be completed (from 60 days to 30 days). The changes in these time frames will provide consistency with current RCW and Children’s Administration Policy.

Deanna Bedell
(360) 902-0863
PERMANENT ADOPTION
WSR 13-17-126
Effective date: September 21, 2013
Chapter 388-25 WAC and WAC 388-148-0010

ESSSB5405 authorizes the department to provide extended foster care services to youth age eighteen up to twenty-one who are eligible to receive foster care and participating in a program designed to promote employment or remove barriers to employment secondary vocational program.
Jim Prichard
(360) 902-8487
EMERGENCY ADOPTION
WSR 13-16-004
Effective date: July 28, 2013
WAC 388-61A-0220, 0280, 0390, 0410, 0569, 0650

Domestic violence shelters and supported services.
Susan Hannibal
(206) 923-4910
PERMANENT ADOPTION
WSR 13-10-028
Effective date: May 25, 2013
WAC 388-165-180, 185

To ensure accuracy and update child care rates. The current statewide rate structure (infant, toddler, pre-school, and school age) is now under Department of Learning Collective Bargaining Agreement between the State of Washington and SEIU 925.
Michael Luque
(360) 902-7986
PERMANENT ADOPTION
WSR 13-08-064
Effective date: May 2, 2013
Chapter 388-25 WAC and 388-148-0010

This action ensures the department access federal matching funds for extended foster care, defines eligibility requirements for extended foster care program and ensures eligible youth receive placement services as outlined by RCW.
Jim Prichard
(360) 902-8487
PERMANENT ADOPTION
WSR 13-08-017
Effective date: April 25, 2013
Chapter 388-25 WAC and WAC 388-148-0010

This action ensures the department access federal matching funds for extended foster care, defines eligibility requirements for extended foster care program and ensures eligible youth receive placement services as outlined by RCW.
Jim Prichard
(360) 902-8487
EMERGENCY ADOPTION
WSR 13-06-003
Effective date: February 22, 2013
Chapter 388-25 WAC and WAC 388-148-0010

This action ensures the department access federal matching funds for extended foster care, defines eligibility requirements for extended foster care program and ensures eligible youth receive placement services as outlined by RCW.

Jim Prichard
(360) 902-8487
EMERGENCY ADOPTION
WSR 12-22-003
Effective date: October 25, 2012

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Economic Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
WAC 388-449-0001, 0035, 0600 and 0080

These changes are necessary to conform to Senate Bill (SB) 6573, Laws of 2014, which restores the more restrictive ABD disability standard previously in place until December 31, 2013 by increasing the minimum duration from 9 to 12 months and consideration of an individual’s ability to perform past work from 10 to 15 years.
Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 14-14-080
Effective date: July 1, 2014
WAC 388-450-0195

The amendments adopt new requirements for a household to receive the Standard Utility Allowance based on receipt of a federal LIHEAP payment and to reinstate the Standard Utility, Limited Utility and Telephone Utility allowances when determining basic food as required by the Agricultural Act of 2014 (Farm Bill) as enacted.
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-12-085
Effective date: July 4, 2014
Title 388 WAC

These amendments are already in effect via emergency rule-making filed on April 30, 2014 as WSR 14-10-042. Amendments in Chapter 388 WAC remove medical references, support the creation of the Housing and Essential Needs (HEN) Referral Program and remove references to the Alcohol and Drug Addiction Treatment and Support Act (ADATSA). This emergency filing supersedes WSR 14-10-042 as the emergency filing no longer needs to include WAC 388-406-0055 which was originally included in WSR 14-10-042. WAC 388-406-0055 is being amended via permanent adoption effective June 1, 2014 via WSR 14-10-046 and therefore no longer needs to be included in this emergency filing.
Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 14-12-041
Effective date: June 1, 2014

WACs 388-310-0200, 0800; 388-400-0005, 0010; 388-406-0010, 0055

The Department is amending the above WACs to add completion of a WorkFirst orientation as a condition of eligibility for individuals applying for TANF/SFA who will be mandatory participants once TANF/SFA is approved. In addition, amendments made to WAC 388-406-0055, “When do my benefits start?” are being amended to remove medical references and to support the creation of the new Housing and Essential Needs (HEN) Referral Program.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-10-046
Effective date: May 31, 2014

WAC 388-436-0002

The Department is amending this rule to change the maximum allowable Additional Requirements for Emergent Needs (AREN) payment from $750.00 in a lifetime to $750.00 in a 12-month period.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 14-10-043
Effective date: May 1, 2014

Sections in Title 388 WAC

The Department is amending sections in Title 388 WAC remove medical references, support the creation of the Housing and Essential Needs (HEN) Referral Program and remove references to the Alcohol and Drug Addiction Treatment and Support Act (ADATSA). The 2E2SHB 1738, Laws of 2011, designated the Health Care Authority as the single state agency responsible for the administration and supervision of Washington’s medical assistance programs. HCA re-codified medical assistance program rules to Title 182 WAC. Accordingly, the Department must eliminate corresponding rules and medical references under Title 388 WAC. Amendments support the creation of the new HEN Referral program created under SHB 2069 (2013 legislative session). Amendments also remove references related to ADATSA. The Legislature did not appropriate any funds for ADATSA in the new biennium budget. ADATSA-related medical care services recipients are Medicaid eligible under the Affordable Care Act starting January 1, 2014. Additional amendments spell out the acronym, ABD, identifying it as the Aged, Blind or Disabled program.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 14-10-042
Effective date: April 30, 2014

Sections in WAC 388-450-0195

The Department is amending WAC 388-450-0195 - Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits? in order to update the utility allowances for the Washington Basic Food Program to include the Standard Utility Allowance, Telephone Utility Allowance and the Limited Utility Allowance. The allowances are used when calculating Basic Food benefits.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 14-07-001
Effective date: March 10, 2014

WAC 388-410-0020 and 388-410-0030

The Department is amending rules under WAC 388-410-0020 and WAC 388-410-0030 to make changes that are consistent with federal requirements and regulations concerning establishment, collection and calculation of Basic Food benefit errors and overpayment claims. This rule-making is part of the corrective action plan for a recent USDA Food and Nutrition Service Recipient Claim Management Evaluation Review (RCMER).

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-05-064
Effective date: March 21, 2014

WAC 388-412-0046 and 388-446-0015

The USDA Food and Nutrition Service (FNS) issued final rules to amend Supplemental Nutrition Assistance Program (SNAP) regulations definition of the term “trafficking” to include the attempt to buy or sell SNAP benefits and/or EBT cards. The Department is amending these rules to make changes concerning food benefit trafficking rules and related intentional program violations to comply with the federal regulations.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-05-063
Effective date: March 21, 2014

WAC 388-410-0025 and 388-410-0033

The Department is amending these rules as part of the corrective action plan for a recent USDA Food and Nutrition Service Recipient Claim Management Evaluation Review (RCMER). Section 13 (b)(1) of the Food and Nutrition Act of 2008, as amended, requires the department to establish and collect overpayments of SNAP benefits “unless otherwise provided for in this section”. The Act affords no provision to compromise claims or bar collection of administrative error claims on the grounds of equitable estoppel.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-05-062
Effective date: March 21, 2014

Sections in Chapter 388 WAC

The Department is amending the following WACs to implement annual adjustments to standards for the Washington Basic Food Program.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-04-050
Effective date: February 27, 2014

388-446-0020 WAC

The department is amending WAC 388-446-0020 “What penalties will I receive if I break a food assistance rule on purpose?” to adopt penalties for Washington food assistance programs consistent with federal penalties for intentional program violations for the Supplemental Nutrition Assistance Program (SNAP). The amendments include 2nd conviction penalties for Washington food assistance programs consistent with federal penalties for intentional program violations for Supplemental Nutrition and Assistance Program (SNAP).

 

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-03-027
Effective date: February 8, 2014

Sections in Chapter 388 WAC

This emergency rule-making supersedes the emergency rule-making filed on September 30, 2013 as WSR 13-20-080. The department is amending rules in Title 388 WAC to remove medical references, support the creation of the Housing and Essential Needs (HEN) Referral Program and remove references to the Alcohol and Drug Addiction Treatment and Support Act (ADATSA). The 2E2SHB 1738, Laws of 2011, designated the Health Care Authority (HCA) as the single state agency responsible for the administration and supervision of Washington’s medical assistance programs. HCA re-codified medical assistance program rules to Title 182 WAC. Accordingly, the department must eliminate corresponding rules and medical references under Title 388 WAC. New amendments have been made to WACs 388-406-0005, 388-406-0035, 388-406-0045, 388-406-0055, 388-418-0005, 388-424-0010 and 388-472-0005 that are currently in effect via emergency adoption (WSR 13- 20-080). Amendments are made to support the creation of the new HEN Referral program created under SHB 2069 and to remove references related to ADATSA. The Legislature did not appropriate any funds for ADATSA in the new biennium budget. ADATSA-related medical care services recipients will be Medicaid eligible under the Affordable Care Act starting January 1, 2014. Additional amendments spell out the acronym, ABD, identifying it as the Aged, Blind or Disabled program. In addition, WAC 388-424-0015 is being amended to remove an ADATSA reference.

 

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 14-02-096
Effective date: January 1, 2014

388-400-0050 WAC

The department is amending WAC 388-400-0050 “If I am not eligible for federal benefits through Washington Basic Food program because of my alien status, can I receive benefits through the state-funded food assistance program? These amendments are needed to change the benefit level for the state-funded Food Assistance Program under RCW 74.08A.120. Section 207, (5) of 3ESSB 5034 states that the legislature establishes the benefit under the state Food Assistance Program at 75 percent of the federal Supplemental Nutrition Assistance Program (SNAP) benefit amount. Prior to July 1, 2013, the benefit amount was 50 percent of the SNAP benefit amount.

 

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-02-037
Effective date: January 23, 2014

Sections in Chapter 388 WAC

The Department is amending WAC 388-442-0010 and creating WAC 388-400-0065; 388-400-0070; 388-406-0056; 388-408- 0070; 388-447-0001; 388-447-0005; 388-447-0010; 388-447-0020; 388-447-0030; 388-447-0040; 388-447-0050; 388-447- 0060; 388-447-0070; 388-447-0080; 388-447-0090; 388-447-0100; 388-447-0110; 388-447-0120; 388-450-0113; 388-450- 0138; and 388-450-0178.

 

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-24-044
Effective date: January 1, 2014

WAC 388-400-0060, 388-449-0001, 388-449-0035, 388-449-0060, and 388-449-0080

The department is creating WAC 388-478-0090 “What are the monthly income limits for the Aged, Blind, or Disabled (ABD) cash assistance and Housing and Essential Needs (HEN) Referral programs?” and amending WAC 388-400- 0060 “Who is eligible for Aged, Blind, or Disabled (ABD) cash assistance?”; 388-449-0001 “What are the disability requirements for the Aged, Blind, or Disabled (ABD) program?”; 388-449-0035 “How does the department assign severity ratings to my impairment?”; 388-449-0060 “Sequential Evaluation Process Step II – How does the department review medical evidence to determine if I am eligible for benefits?”; and 388-449-0080 “Sequential Evaluation Process Step IV – How does the department evaluate if I am able to perform past work?"

These changes are necessary to conform to Substitute House Bill (SHB) 2069, Laws of 2013, which establishes a single financial eligibility standard for the ABD cash assistance and the HEN Referral programs; and creates a less restrictive ABD disability standard by reducing the minimum duration requirement from 12 to 9 months and reducing consideration of an individual’s ability to perform past work from 15 to 10 years.

 

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-24-040
Effective date: January 1, 2014
WAC 388-478-0015

The Department is amending by permanent adoption WAC 388-478-0015 Need standards for cash assistance. This rule filing is required by state law, RCW 74.04.770 which states the department must establish consolidated standards of need each year.
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-24-041
Effective date: January 1, 2014
WAC 388-482-0005, 388-444-0010, 388-444-0015, 388-450-0100, 388-486-0010 and 388-310-0900

The Department is amending WACs 388-482-0005, 388-444-0010, 388-444-0015, 388-450-0100, 388-486-0010, and 388- 310-0900 to remove the term “General Educational Development (GED) Test” and replace it with the term “High School Equivalency Certificate”. The amendments are necessary to conform with Engrossed Substitute House Bill (ESHB) 1686, Chapter 39, Laws of 2013 which creates a high school equivalency certificate as a certificate issued jointly by the State Board of Community and Technical Colleges and the Office of the Superintendent of Public Instruction. A certificate will indicates that the holder attained scores at or above the minimum proficiency level on a high school equivalency test.
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-24-043
Effective date: January 1, 2014
WAC 388-444-0075

The department filed a permanent rule on October 22, 2013 as WSR 13-21-126 with an erroneous version of the text. The changes proposed in WAC 388-444-0075 were not included in the permanent filing. This filing contains the text that was originally proposed as WSR 13-09-027. No changes were made to the text as a result of the public hearing, and no public comments were received. The text of the rule does not differ from what was proposed under WSR 13-09- 027.
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-24-056
Effective date: December 27, 2013
WAC 388-442-0010

The Department is amending WAC 388-442-0010 and creating WAC 388-400-0065; 388-400-0070; 388-406-0056; 388-408-0070; 388-447-0001; 388-447-0005; 388-447-0010; 388-447-0020; 388-447-0030; 388-447-0040; 388-447-0050; 388-447-0060; 388-447-0070; 388-447-0080; 388-447-0090; 388-447-0100; 388-447-0110; 388-447-0120; 388-450-0113; 388-450-0138; and 388-450-0178.
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-24-044
Effective date: January 1, 2014
WAC 388-478-0055

The Department is amending WAC 388-478-0055, “How much do I get from my state supplemental payments (SSP)?”, and WAC 388-478-0057 “Year-end adjustment to the SSI state supplement” to: Maintain the yearly total amount of State Supplemental Payment (SSP) expenditures at the same level each calendar year by decreasing the amount of monthly SSP payment from $46.00 to $40.00 to SSI recipients who have an ineligible spouse, are age 65 or older, or are blind. Allow the state to maintain the total SSP expenditures at the same level each year, without increase or decrease in total spending for the program.
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-22-037
Effective date: December 1, 2013
WACs 388-412-0015, 388-478-0060, 388-450-0185, 388-450-0190, 388-450-0195 and 388-492-0070

Update the Basic Food standards for Federal Fiscal Year 2014 in order to comply with requirements of the United States Department of Agriculture, Food and Nutrition Service (FNS), per Supplemental Nutrition Assistance Program (SNAP) Administrative Notice 13-26: SNAP - Fiscal Year (FY) 2014 Cost-of-Living Adjustments (COLAS) and ARRA Sunset Impact on Allotments dated August 2, 2013 and FNS Talking Points for States to Use dated August 7, 2013.
Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 13-22-030
Effective date: November 1, 2013
Chapter 388-444 WAC

Update the Basic Food work requirement to be consistent with federal regulations, and Washington approved Basic Food state plan. The Department is also removing the requirement to obtain comparable employment after serving a disqualification period for quitting a job without good cause or voluntarily reducing work effort without good cause. Previous versions of this rule were missing the “voluntarily reduction in work effort” provisions that must be stated and included in the Basic Food work requirements rules to be consistent with federal law. Also, based on comments received during internal review and pre-proposal review it was decided we exercise a Supplemental Nutrition Assistance Program (SNAP) state agency option and not require individual participants to obtain comparable employment after serving the appropriate disqualification period for quitting a job without good cause or voluntarily reducing work effort without good cause.
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-21-126
Effective date: November 22, 2013
WAC 388-400-0050

The amendments under this filing incorporate the benefit level for the state-funded food assistance program for legal immigrants under the approved 2013-2015 biennial operating budget. RCW 74.08A.120 provides that the legislature shall set the benefit level for FAP in the biennial operating budget.
Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 13-21-130
Effective date: October 22, 2013
Chapter 388-450 WAC, WAC 388-478-0060, WAC 388-492-0070

The proposed amendments update Basic Food standards for Federal Fiscal Year 2014 in order to comply with requirements of the United States Department of Agriculture, Food and Nutrition Service (FNS).
Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 13-20-079
Effective date: October 1, 2013
Chapters 388-406, 388-418, 388-436, 388-450, 388-472, 388-473 WAC

The department is amending to remove medical language references
Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 13-20-080
Effective date: October 1, 2013
WAC 388-310-1800, 388-410-0001, 388-410-0005, 388-432-0005, 388-466-0150 and 388-472-0040

The department is amending to remove medical language references
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-18-004
Effective date: October 1, 2013
WACs 388-404-0005, 388-406-0010, 388-406-0040, 388-406-0060, 388-406-0065, 388-418-0007, 388-418-0020, 388-422- 0005, 388-422-0010, 388-422-0020, 388-422-0030, 388-424-0006, 388-424-0009, 388-434-0005, 388-458-0011, 388-458- 0016, 388-458-0025, 388-458-0030, 388-470-0005, 388-470-0012, 388-470-0045, 388-470-0060, 388-470-0070, 388-476- 0005, 388-478-0005, 388-488-0005, 388-489-0020, 388-490-0005, and 388-492-0110.

The department is amending these rules to remove medical language references. hese changes are necessary as the Health Care Authority (HCA) is amending, repealing or creating medical assistance programs rules under “Title 182 WAC” to implement new regulations. The changes comply with 2E2SHB 1738, Chapter 15, Laws of 2011 which designated HCA as the single state agency responsible for administration and supervision of Washington’s Medicaid programs. Repealing WAC 388-416-0010
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-18-005
Effective date: October 1, 2013
WAC 388-440-0001, 388-440-0005, 388-452-0005 and 388-460-0001

The Community Services Division, in collaboration with Health Care Authority, is amending these WACs to eliminate medical language references from WAC 388 effective October 1, 2013.
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-18-006
Effective date: October 1, 2013
WACs 388-446-0001, 388-450-0005, 388-450-0030, 388-450-0035, 388-450-0045, 388-450-0055, 388-450-0065, 388-450- 0070, 388-450-0080, 388-450-0085, 388-450-0105, 388-450-0106, 388-450-0116, 388-450-0155, 388-450-0160, 388-450- 0200, 388-450-0215, 388-455-0005, 388-455-0010, and 388-455-0015

The department is amending these rules to remove medical language references.
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-18-007
Effective date: October 1, 2013
WAC 388-408-0035

To align basic food assistance unit rules with federal regulations regarding minor children not living with their parents
Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 13-16-102
Effective date: September 7, 2013
WAC 388-444-0030

Basic Food benefits, able-bodied adult without dependents (ABAWD). To extend the current ABAWD time limit for benefits from
October 1, 2013 to September 30, 2014.
Jenny Grayum
(360) 725-44583
PERMANENT ADOPTION
WSR 13-17-123
Effective date: September 21, 2013
WAC 388-400-0050

The amendments incorporate the benefit level for state-funded Food Assistance Program for legal immigrants under 2013-2015 biennial operating budget (2ESSB 5034).
Bob Thibodeau
(360) 725-4634
EMERGENCY ADOPTION
WSR 13-14-086
Effective date: July 1, 2013
WAC 388-482-0005

How does being a student impact my eligibility for the Washington Basic Food program?
Bob Thibodeau
(360) 725-4634
PERMANENT ADOPTION
WSR 13-13-004
Effective date: July 7, 2013
WAC 388-450-0190

How does the department figure my shelter cost income deduction for Basic Food?
Bob Thibodeau
(360) 725-4634
PERMANENT ADOPTION
WSR 13-11-103
Effective date: June 20, 2013
WAC 388-418-0011

What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?
Leslie Kozak
(360) 725-4589
PERMANENT ADOPTION
WSR 13-09-034
Effective date: June 1, 2013
WAC 388-466-0120

Refugee cash assistance (RCA).
Kerry Judge
(360) 725-4630
PERMANENT ADOPTION
WSR 13-03-137
Effective date: February 23, 2013
WAC 388-310-0800

WorkFirst--Support services.
Kerry Judge
(360) 725-4630
PERMANENT ADOPTION
WSR 13-02-048
Effective date: February 1, 2013
Chapter 388-14 WAC

Division of child support rules.
Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 13-01-075
Effective date: January 18, 2013
WAC 388-478-0015

Need standards for cash assistance.
Aurea Figueroa-Rogers
(360) 725-4623
PERMANENT ADOPTION
WSR 12-24-034
Effective date: January 1, 2013
WAC 388-450-0185, 0190 and 388-478-0060

The amendments update Basic Food standards for federal FY 2013 to comply with requirements of USDA SNAP memo dated August 6, 2012.
Holly St. John
(360) 725-4895
PERMANENT ADOPTION
WSR 12-24-018
Effective date: December 28, 2012
Chapter 388-315 WAC

Tribal TANF.
Mike Mowrey
(360) 725-4656
PERMANENT ADOPTION
WSR 12-24-013
Effective date: January 1, 2013
WAC 388-450-0185, 0190 and 388-478-0060

The amendments update Basic Food standards for federal FY 2013 to comply with requirements of USDA SNAP memo dated August 6, 2012.
Holly St. John
(360) 725-4895
EMERGENCY ADOPTION
WSR 12-20-005
Effective date: October 1, 2012
WAC 388-466-0005, 0120, 0140

These amendment separate refugee cash assistance from refugee medical assistance.
Kerry Judge
(360) 725-4630
PERMANENT ADOPTION
WSR 12-19-037
Effective date: October 13, 2012
WAC 388-458-0011

DSHS sends you a letter when you can't get benefits.
Bob Thibodeau
(360) 725-4634
PERMANENT ADOPTION
WSR 12-19-036
Effective date: October 13, 2012
WAC 388-14A-2007, 2040, 2042, 2045, 2050, 2075, 2093

Division of child support rules.
Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 12-18-027
Effective date: September 27, 2012
WAC 388-14A-8200

All Washington employers must report new hires to the Washington state support registry.
Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 12-18-026
Effective date: September 27, 2012
WAC 388-400-0040, 0050; 388-412-0015; 388-424-0020, 0030; 388-489-0025

Pursuante to RCW 74.08A.120, the department is establishing a state-funded food assistance program for legal immigrants (FAP) that will provide benefits at fifty percent of the federal supplemental nutrition assistance program (SNAP) benefit amount.
Kim Chea
(360) 725-4653
PERMANENT ADOPTION
WSR 12-18-024
Effective date: September 27, 2012
WAC 388-478-0005

Cash assistance need and payment standards.
Aurea Figueroa-Rogers
(360) 725-4623
PERMANENT ADOPTION
WSR 12-18-023
Effective date: September 27, 2012
WAC 388-492-0010 and 0120

These changes are necessary to cross-reference rules necessary to maintain federally authorized programs regarding the allowable use of SNAP benefits.
Holly St. John
(360) 725-4895
PERMANENT ADOPTION
WSR 12-17-087
Effective date: September 25, 2012
WAC 388-444-0030

Do I have to work to be eligible for Basic Food benefits if I am an able-bodied adult without dependents (ABAWD)?
Bob Thibodeau
(360) 725-4634
PERMANENT ADOPTION
WSR 12-16-025
Effective date: August 25, 2012
WAC 388-412-0025

How do I receive my benefits?
Olga Walker
(360) 725-4641
PERMANENT ADOPTION
WSR 12-14-052
Effective date: July 29, 2012
WAC 388-446-0020

The amendments are necessary to incorporate federal regulations regarding allowable use of SNAP benefits.
Holly St. John
(360) 725-4895
PERMANENT ADOPTION
WSR 12-14-012
Effective date: July 22, 2012
WAC 388-14A-8200

These changes are necessary to implement HB 2393, which amended RCW 26.23.040 to comply with changes in federal law regarding new hire reporting requirements. HB 2393 takes effect on June 7, 2012
Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 12-13-004
Effective date: June 7, 2012
Expiration date: October 4, 2012
WAC 388-14A-2007, 2040, 2042, 2045, 2050, 2075, 2093

These changes are necessary to implement SSB 6386 and HB 2828. Both bills have an effective date of June 7, 2012.
Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 12-13-002
Effective date: June 7, 2012
Expiration date: October 4, 2012
WAC 388-478-0005

This change is necessary to comply with 2011-13 Revised Omnibus Operating Budget as mandated under 3ESHB 2127, Laws of 2012.
Aurea Figueroa-Rogers
(360) 725-4623
EMERGENCY ADOPTION
WSR 12-12-049
Effective date: June 1, 2012
WAC 388-400-0040, 388-412-0015, 388-424-0020, 388-489-0025

The department is establishing a state-funded food assistance program for legal immigrants (FAP) that will provide benefits at fifty percent of the federal SNAP benefit amount.
Kim Chea
(360) 725-4653
EMERGENCY ADOPTION
WSR 12-12-048
Effective date: July 1, 2012
WAC 388-310-0200

WorkFirst--Activities.
Leslie Kozak
(360) 725-4589
PERMANENT ADOPTION
WSR 12-12-031
Effective date: July 1, 2012
Various sections in Title 388 WAC

The department is amending, repealing and creating new rules to eliminate reference to Disability Lifeline and to establish standards for the Aged Blind, or Disabled and Pregnant Women Assistance programs to comply with ESHB 2082. This supplemental notice includes proposed rules substantially different from the proposed rules filed on October 26, 2011 as WSR 11-22-032.
Shane Riddle
(360) 725-4352
PERMANENT ADOPTION
WSR 12-10-042
Effective date: June 1, 2012
WAC 388-450-0015; 388-470-0055

The department is amending rules to eliminate reference to general assistance or the disability lifeline and include reference to aged, blind, or disabled (ABD) assistance program and pregnant women program. These changes are necessary to comply with the changes outlined in ESHB 2082, Laws of 2011.
Aurea Figueroa-Rogers
(360) 725-4623
PERMANENT ADOPTION
WSR 12-08-002
Effective date: April 21, 2012
WAC 388-406-0035, 388-412-0005, 388-446-0005, 388-450-0025, 388-450-0245, 388-472-0005

These amendments are necessary to update existing regulations to eliminate reference to DL October 31, 2011, and include reference to the new programs established November 1, 2011 as required by ESHB 2082.
Aurea Figueroa-Rogers
(360) 725-4623
PERMANENT ADOPTION
WSR 12-06-070
Effective date: April 6, 2012
WAC 388-484-0005 and 0006

The amendments count months an ineligible parent receives TANF/SFA grant for his or her child but is ineligible to receive TANF/SFA assistance towards the parent's sixty month time limit.
Sandy Jsames
(360) 725-4648
PERMANENT ADOPTION
WSR 12-05-039
Effective date: March 12, 2012
WAC 388-418-0005; 388-450-0162

These changes are necessary to update existing regulations to establish income eligibility for nonparental child-only TANF grants and to eliminate reference to Disability Lifeline.

Aurea Figueroa-Rogers
(360) 725-4623
PERMANENT ADOPTION
WSR 12-04-051
Effective date: March 1, 2012
WAC 388-436-0002

If my family has an emergency, can I get help from DSHS to get or keep our housing or utilities?
Kerry Judge
(360) 725-4630
PERMANENT ADOPTION
WSR 12-02-047
Effective date: February 1, 2012
WAC 388-484-0005 and 0006

These changes are required by state law and are necessary to comply with the department's appropriation for the 2011-13 biennium.

Sandy Jsames
(360) 725-4648
EMERGENCY ADOPTION
WSR 12-01-122
Effective date: December 21, 2011
WAC 388-406-0035, 388-412-0005, 388-446-0005, 388-450-0025, 388-450-0245, 388-472-0005

These amendments are necessary to update existing regulations to eliminate reference to DL October 31, 2011, and include reference to the new programs established November 1, 2011 as required by ESHB 2082.
Aurea Figueroa-Rogers
(360) 725-4623
EMERGENCY ADOPTION
WSR 12-01-008
Effective date: December 8, 2011
WAC 388-14A-1020, 3100, 3102, 3115

Division of child support rules.
Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 12-01-002
Effective date: January 7, 2012
WAC 388-470-0005

This amendment is necessary in order to comply with requirements of the USDA Food and Nutrition Service.
Holly St. John
(360) 725-4895
PERMANENT ADOPTION
WSR 11-24-028
Effective date: January 1, 2012
WAC 388-450-0185, 0190, 0195 and 388-478-0060

These amendments update Basic Food standards for Federal Fiscal Year 2012 in order to comply with requirements of the USDA Food and Nutrition Service.
Holly St. John
(360) 725-4895
PERMANENT ADOPTION
WSR 11-24-027
Effective date: January 1, 2012
WAC 388-478-0015

Need standards for cash assistance.
Aurea Figueroa-Rogers
(360) 725-4623
PERMANENT ADOPTION
WSR 11-24-021
Effective date: January 1, 2012
WAC 388-14A-2007, 2040, 2041, 2042, 2045, 2050, 2075, 2093

Division of child support rules.
Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 11-23-087
Effective date: December 18, 2011
WAC 388-14A-1020, 3100, 3102, 3115

Division of child support rules.
Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 11-23-075
Effective date: November 15, 2011
Chapter 388-14A WAC

Division of child support rules.
Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 11-23-074
Effective date: November 15, 2011
WAC 388-310-1400

WorkFirst--Community service.
Kerry Judge
(360) 725-4630
PERMANENT ADOPTION
WSR 11-23-011
Effective date: December 8, 2011
Chapter 388-14A WAC

Division of child support rules.
Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 11-22-116
Effective date: December 3, 2011
WAC 388-418-0005 and 388-450-0162

These changes are necessary to update existing regulations to establish income eligibility for nonparental child-only TANF grants and to eliminate reference to Disability Lifeline.
Aurea Figueroa-Rogers
(360) 725-4623
EMERGENCY ADOPTION
WSR 11-22-076
Effective date: November 1, 2011
WAC 388-460-0035

The department is amending rule to assign a protective payee to a person receiving public assistance if the recipient illegally used a public assistance electronic benefit transfer (EBT) card or cash obtained with an EBT card two or more times.
Aurea Figueroa-Rogers
(360) 725-4623
PERMANENT ADOPTION
WSR 11-22-044
Effective date: November 27, 2011
WAC 388-310-1600 and 388-400-0005

This amendment will permanently disqualify adults from receiving TANF/SFA benefits if they have been terminated due to noncompliance sanction at least three times since March 1, 2007. These amendments are necessary to conform to ESSB 5921.
Stephanie Nielsen
(360) 725-4699
PERMANENT ADOPTION
WSR 11-22-042
Effective date: December 1, 2011
WAC 388-310-1400

WorkFirst--Community service.
Kerry Judge
(360) 725-4630
EMERGENCY ADOPTION
WSR 11-22-041
Effective date: October 30, 2011
WAC 388-14A-2007, 2040, 2041, 2042, 2045, 2050, 2075, 2093

Division of child support rules.

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 11-22-038
Effective date: October 27, 2011
WAC 388-460-0035

When is a protective payee assigned for mismanagement of funds?
Aurea Figueroa-Rogers
(360) 725-4623
EMERGENCY ADOPTION
WSR 11-21-061
Effective date: October 14, 2011
WAC 388-450-0015; 388-455-0005; 388-470-0045, 0055; 388-475-0550 and 0860

The department is amending rules in order to disregard federal income tax refunds received after December 31, 2009 as income in the month received and as a resource for 12 months when determining eligibility for any program that is funded in whole or in part with federal funds.
Kerry Judge
(360) 725-4630
PERMANENT ADOPTION
WSR 11-21-025
Effective date: October 29, 2011
WAC 388-478-0005

Cash assistance need and payment standards and grant maximum.
Sandy Jsames
(360) 725-4648
PERMANENT ADOPTION
WSR 11-21-024
Effective date: November 11, 2011

The department is amending, repealing and creating new rules to eliminate reference to Disability Lifeline and to establish standards for the Aged Blind, or Disabled and Pregnant Women Assistance programs to comply with ESHB 2082.

Emergency Order - WSR 12-05-033
Emergency Order - WSR 11-21-049
Rescind Emergency Order Notice - WSR 11-21-046
Emergency Order - WSR 11-21-020



Aurea Figueroa-Rogers
(360) 725-4623

EMERGENCY ADOPTION
WSR 12-05-033 (Effective date: February 9, 2012)

EMERGENCY ADOPTION
WSR 11-21-049 (Effective date: November 1, 2011)

EMERGENCY ADOPTION RESCINDED
WSR 11-21-046 (rescinds WSR 11-21-020)

EMERGENCY ADOPTION

WSR 11-21-020 (Effective date: October, 11, 2011)

WAC 388-450-0185, 0190, 0195; 388-478-0060; and 388-470-0005

The amendments update Basic Food standards for federal fiscal year 2012 to comply with requirements of the United States Department of Agriculture, Food and Nutrition Services, SNAP USDA memo dated August 2, 2011.
Holly St. John
(360) 725-4895
EMERGENCY ADOPTION
WSR 11-20-063
Effective date: October 1, 2011
WAC 388-478-0030

To ensure that expenditures do not exceed funds appropriated under the 2011-2013 operating budget, 2ESHB 1087, signed by Governor on June 15, 2011. The department is proposing to amend by emergency adoption in order to decrease the grant payment standards to Disability Lifeline (DL) and ADATSA recipients.

Aurea Figueroa-Rogers
(360) 725-4623
EMERGENCY ADOPTION
WSR 11-19-099
Effective date: September 20, 2011
WAC 388-412-0005, 0015, 0040, 0046; 388-446-0001, 0015, 0020; 388-472-0005

These changes are necessary to carry out the purposes of DSHS cash and food assistance programs.
Holly St. John
(360) 725-4895
PERMANENT ADOPTION
WSR 11-19-047
Effective date: October 14, 2011
WAC 388-484-0005, 0006

These changes are required by state law and are necessary to comply with the department's appropriation for the 2011-13 biennium.
Sandy Jsames
(360) 725-4648
EMERGENCY ADOPTION
WSR 11-18-056
Effective date: September 1, 2011
WAC 388-444-0030

Do I have to work to be eligible for Basic Food benefits if I am an able-bodied adult without dependents (ABAWD)?
Bob Thibodeau
(360) 725-4634
PERMANENT ADOPTION
WSR 11-18-039
Effective date: October 1, 2011
WAC 388-418-0005 and 388-450-0162

These changes are necessary to update existing regulations to establish income eligibility for non-parental child-only TANF grants required by ESSB 5921 that go into effect November 1, 2011.
Tom Berry
(360) 725-4617
EMERGENCY ADOPTION
WSR 11-17-075
Effective date: August 16, 2011
WAC 388-478-0005

Cash assistance need and payment standards and grant maximum.
Sandy Jsames
(360) 725-4648
EMERGENCY ADOPTION
WSR 11-17-073
Effective date: August 16, 2011

WAC 388-416-0005

Extends effective date coincide rule change with system changes used to determine eligibility.

WAC 388-416-0005


This change extends the certification period for a Basic Food assistance unit from up to six months to up to 12 months when certain criteria are met.

Kim Chea
(360) 725-4653
PERMANENT ADOPTION
WSR 11-18-012
Effective date continued to: October 16, 2011

PERMANENT ADOPTION
WSR 11-16-030
Effective date: August 27, 2011
WAC 388-436-0050, 388-478-0020 and 0035

The department is reducing payment standards and maximum earned income limits by 15%.
Aurea Figueroa-Rogers
(360) 725-4623
PERMANENT ADOPTION
WSR 11-16-029
Effective date: August 27, 2011
WAC 388-406-0060

What happens when my application is denied?
Kim Chea
(360) 725-4653
PERMANENT ADOPTION
WSR 11-16-028
Effective date: August 27, 2011
WAC 388-14A-1020, 3100, 3102, 3115

Division of child support rules.
Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 11-16-007
Effective date: July 22, 2011
WAC 388-14A-2080, 2081, 2083, 2085, 2090, 2097, 2160, 3130, 3304, 3305, 3306, 3307, 7100, 7305, 7325, 7335

Division of child support rules.
Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 11-16-006
Effective date: July 30, 2011
WAC 388-14A-2007, 2040, 2041, 2042, 2045, 2050, 2075, 2093

Division of child support rules.
Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 11-14-086
Effective date: July 1, 2011
WAC 388-464-0001

The department is amending rule to comply with federal requirements and be consistent with federal rules for disqualification periods concerning noncooperation with quality assurance reviews.
Bob Thibodeau
(360) 725-4634
PERMANENT ADOPTION
WSR 11-14-084
Effective date: August 1, 2011
WAC 388-310-1400

These department is amending rule to include recipient's voluntary service at a child care or preschool facility licensed under 43.215 RCW, or an elementary school in which his or her child as an approved community service activity.
Kerry Judge
(360) 725-4630
EMERGENCY ADOPTION
WSR 11-14-081
Effective date: July 1, 2011
WAC 388-412-0046 and 388-460-0035

These changes are necessary to update existing regulations to conform with increased EBT use restrictions and protective payee assignments required by ESSB 5921 that go into effect July 1, 2011.
Holly St. John
(360) 725-4895
EMERGENCY ADOPTION
WSR 11-14-080
Effective date: July 1, 2011
WAC 388-450-0015; 388-455-0005; 388-470-0045, 0055; 388-475-0550, 0860

These amendments are necessary to comply with federal law that requires states to disregard federal income tax refunds received after December 31, 2009, as income and resources for a period of 12 months when determining eligibility for federal funded programs.
Kerry Judge
(360) 725-4630
EMERGENCY ADOPTION
WSR 11-14-078
Effective date: June 30, 2011
WAC 388-14A-4200

This rule is amended to strike subsection (4) of the current rule does not allow DCS to give credit to a NCP for dependent disability payments paid on the NCP's behalf for his or her children unless the payments are made to the custodial parent or the state. RCW 26.18.190 does not contain this limitation.
Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 11-14-065
Effective date: July 31, 2011
WAC 388-14A-4200

This rule is amended to strike subsection (4) of the current rule does not allow DCS to give credit to a NCP for dependent disability payments paid on the NCP's behalf for his or her children unless the payments are made to the custodial parent or the state. RCW 26.18.190 does not contain this limitation.
Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 11-14-064
Effective date: June 30, 2011
WAC 388-14A-5015 and 5100

DCS is amending sections to implement SSB 6893 which amended RCW 26.23.035(5) by suspending the child support pass-through as of May 1, 2011.
Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 11-14-063
Effective date: July 31, 2011
WAC 388-492-0070

How are my WASHCAP food benefits calculated?
Bob Thibodeau
(360) 725-4634
PERMANENT ADOPTION
WSR 11-13-028
Effective date: July 1, 2011

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Medicaid Purchasing Administration (see Health Care Authority for future activity)
Rule Title/Subject Contact Person Washington State Register Citations

To establish hearing rules related to Medicaid funded services.

Emergency Adoption WSR 12-20-078
Emergency Adoption WSR 12-13-003
Emergency Adoption WSR 12-05-037
Emergency Adoption WSR 11-22-028

Wendy Boedigheimer
(360) 725-1306

EMERGENCY ADOPTION
WSR 12-20-078
Effective date: October 5, 2012
EMERGENCY ADOPTION
WSR 12-13-003
Effective date: June 10, 2012
EMERGENCY ADOPTION
WSR 12-05-037
Effective date: February 13, 2012
EMERGENCY ADOPTION

WSR 11-22-028
Effective date: October 27, 2011


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Juvenile Rehabilitation Administration
Rule Title/Subject Contact Person Washington State Register Citations
     

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Financial Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
Chapter 388-06 WAC

The purpose of this coordinated rulemaking is to remove Developmental Disabilities Administration background check requirements from WAC 388-06, Sections 0020 through 0540, and make a clarifying change to CA background check requirements in Section 0240. Under a separate CR103, Developmental Disabilities Administration will adopt the Developmental Disabilities Administration background check requirements in Chapter 388-825 WAC, DDA Service Rules, as part of a larger Aging and Disability Services coordinated background check rulemaking effort.
Cindy LaRose-Eatwell
(360) 902-8072
PERMANENT ADOPTION
WSR 14-14-026
Effective date: June 25, 2014
WAC 388-06-0170, 0180

The Background Check Central Unit is amending two sections of Chapter 388-06 WAC related to what crimes may be considered disqualifying by Children’s Administration when licensing or approving an individual to have unsupervised access to children. This rulemaking is being filed on behalf of Children’s Administration to comply with Section 4 of Chapter 88, Laws of 2014 (SSB 6095).
Cindy LaRose-Eatwell
(360) 902-8072
EMERGENCY ADOPTION
WSR 14-13-063
Effective date: June 12, 2014
WAC 388-06-0620

The Background Check Central Unit is amending WAC 388-06-0620 related to DSHS employee background check requirements. This rulemaking is being filed on behalf of Human Resources Division to comply with Sections 1 and 2 of Chapter 88, Laws of 2014 (SSB 6095).
Cindy LaRose-Eatwell
(360) 902-8072
EMERGENCY ADOPTION
WSR 14-13-064
Effective date: June 12, 2014
WAC 388-06-0020, 0110, 0150, 0525, 0540

These amendments implement Initiative 1163 which changes the effective date for long-term care fingerprint requirements and delays fingerprint requirements for community residential service providers.
Cindy LaRose
(360) 902-8072
PERMANENT ADOPTION
WSR 12-21-053
Effective date: December 25, 2012
WAC 388-06-0020, 0110, 0150, 0525, 0540

These amendments implement Initiative 1163 which changes the effective date for long-term care fingerprint requirements and delays fingerprint requirements for community residential service providers.
Cindy LaRose
(360) 902-8072
EMERGENCY ADOPTION
WSR 12-18-025
Effective date: August 30, 2012
WAC 388-06-0020, 0110, 0150, 0525, 0540

These amendments implement Initiative 1163 which changes the effective date for long-term care fingerprint requirements and delays fingerprint requirements for community residential service providers.

Cindy LaRose
(360) 902-8072
EMERGENCY ADOPTION
WSR 12-10-095
Effective date: May 2, 2012
WAC 388-06-0020, 0110, 0150, 0525, 0540

These amendments implement Initiative 1163 which changes the effective date for long-term care fingerprint requirements and delays fingerprint requirements for community residential service providers.

Cindy LaRose
(360) 902-8072
EMERGENCY ADOPTION
WSR 12-03-049
Effective date: January 11, 2012

This emergency filing replaces and supersedes CR-103E filed as WSR 12-02-045.
WAC 388-06-0020, 0110, 0150, 0525, 0540

These amendments implement Initiative 1163 which changes the effective date for long-term care fingerprint requirements and delays fingerprint requirements for community residential service providers.
Cindy LaRose
(360) 902-8072
EMERGENCY ADOPTION
WSR 12-02-045
Effective date: December 30, 2011
WAC 388-06-0010, 0020, 0110, 0130, 0150, 0160, 0180, 0250, 0525

These rule changes describe the background check requirements for long-term care workers contracted or hired by the division of developmental disabilities; describe responsibilities of the DSHS background check central unit.
Cindy LaRose
(360) 902-8072
PERMANENT ADOPTION
WSR 10-16-083
Effective date: August 30, 2010

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Office of the Secretary
Rule Title/Subject Contact Person Washington State Register Citations
WAC 388-02-0025(2)

The WAC currently gives the Spokane Office of Administrative Hearings as “Old City Hall Building, 5th Floor, 221 N. Wall Street, suite 540, Spokane, WA 99201.” The address has been changed to “16201 E. Indiana Avenue, Suite 5600, Spokane Valley, WA 99216.” The phone numbers and fax numbers remain the same.
James Conant
(360) 664-6081
PERMANENT ADOPTION
WSR 14-11-094
Effective date: June 21, 2014
WAC 388-02-0005

What is the purpose and scope of this chapter?
Jim Conant
(360) 664-6081
PERMANENT ADOPTION
WSR 13-05-028
Effective date: March 15, 2013
WAC 388-880-110

Procedures for resident escorted leave from the total confinement facility.
Mark Davis
(253) 617-6283
PERMANENT ADOPTION
WSR 13-03-092
Effective date: February 15, 2013
WAC 388-02-0580

DSHS hearing rules.
Jim Conant
(360) 664-6081
PERMANENT ADOPTION
WSR 12-13-083
Effective date: July 20, 2012
WAC 388-02-0010 and 0220

DSHS hearing rules.

Jim Conant
(360) 664-6081

PERMANENT ADOPTION
WSR 12-10-036
Effective date: May 27, 2012
WAC 388-02-0005 and 0387

DSHS hearing rules.
Marjorie Gray
(360) 664-6062
PERMANENT ADOPTION
WSR 12-05-043
Effective date: February 25, 2012
WAC 388-02-0387

DSHS hearing rules.
Marjorie Gray
(360) 664-6062
EMERGENCY ADOPTION
WSR 11-22-045
Effective date: October 29, 2011
WAC 388-02-0005 and 0387

DSHS hearing rules.
Marjorie Gray
(360) 664-6062
EMERGENCY ADOPTION
WSR 11-14-077
Effective date: July 1, 2011
Chapter 388-885 WAC

Civil commitment cost reimbursement.
Mark Davis
(253) 617-6283
PERMANENT ADOPTION
WSR 11-10-086
Effective date: June 4, 2011
Chapter 388-02 WAC

DSHS hearing rules.
Craig Lowe
(360) 664-6093
PERMANENT ADOPTION
WSR 11-04-074
Effective date: March 3, 2011