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Management Services Administration
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DSHS Rules

Rule-Making Agenda

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Recently Adopted Rules (CR-103)

The DSHS rules listed below have been filed and will remain on this page until they are codified and added to the Office of the Code Reviser's site (the official site). The rule title links to the CR-103 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 noticies filed with the Office of the Code Reviser. Some information - such as the effective date of a final or emergency rule - may be added by DSHS to rule-making notices appearing on this website. Such added information is intended for clarity only and does not alter the effect of the official notice.

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

Aging & Disability Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
Chapter 388-831 WAC

Community protection program.
Steve Brink
(360) 725-3416
PERMANENT ADOPTION
WSR 08-20-118
Effective date: October 31, 2008
WAC 388-561-0200, 0201

Amendments and new rule are necessary to meet the requirements of section 6012 of the Deficit Reduction Act of 2005.
Lori Rolley
(360) 725-2271
PERMANENT ADOPTION
WSR 08-20-117
Effective date: November 1, 2008
Chapter 388-97 WAC

Nursing homes.
Judy Johnson
(360) 725-2591
PERMANENT ADOPTION
WSR 08-20-062
Effective date: November 1, 2008
Chapter 388-845 WAC

DDD home and community based services waivers.
Steve Brink
(360) 725-3416
PERMANENT ADOPTION
WSR 08-20-033
Effective date: October 23, 2008
WAC 388-106-0080, 0110 and 0115

The department is amending sections to phase in a 17 level CARE assessment payment system effective July 1, 2008 as directed by ESHB 2687).
Susan Engels
(360) 725-2353
PERMANENT ADOPTION
WSR 08-19-102
Effective date: October 18, 2008
WAC 388-106-0250, 0255, 0260, 0265

Roads to community living (RCL) is a demonstration project, funded by a five-year "Money Follows the Person" grant authorized under section 6071 of the Deficit Reduction Act of 2005 (P.L. 109-171).
Tiffany Sevruk
(360) 725-2583
PERMANENT ADOPTION
WSR 08-18-046
Effective date: September 29, 2008
WAC 388-825-100, 101 and 102

The department is amending rules to clarify who will be notified of decisions made by the Division of Developmental Disabilities and to specify that both notices and correspondence will be sent to the appropriate parties.
Steve Brink
(360) 725-3416
PERMANENT ADOPTION
WSR 08-16-122
Effective date: September 5, 2008
Chapter 388-828 and 388-832 WAC

Individual and family services program.
Steve Brink
(360) 725-3416
PERMANENT ADOPTION
WSR 08-16-121
Effective date: September 5, 2008
WAC 388-828-9000, 9020, 9040, 9060, 9100, 9120, 9140

Individual and family services program.
Steve Brink
(360) 725-3416
EMERGENCY ADOPTION
WSR 08-15-115
Effective date: July 21, 2008
WAC 388-96-758 and 759

The department is creating new sections to increase compensation for low-wage workers in nursing homes beginning July 1, 2008, and to establish a system of reporting to ensure that the low wage add-on increased the compensation/benefits for low wage workers, increased staff, and/or paid for wage compensation when low wage workers' compensation was increased.
Patricia Hague
(360) 725-2447
EMERGENCY ADOPTION
WSR 08-14-106
Effective date: July 1, 2008
WAC 388-105-0005

The purpose of this rule change is to implement the 17 level Medicaid payment system for adult family homes (AFH) and licensed boarding homes with contracts to provide AL, ARC and EARC services.
Patricia Hague
(360) 725-2447
EMERGENCY ADOPTION
WSR 08-14-100
Effective date: July 1, 2008
WAC 388-106-0225 and 388-515-1505

SHB 128, chapter 522, Laws of 2007 increases the personal needs allowance (PNA) 3.3% effective July 1, 2008.
Tiffany Sevruk
(360) 725-2583
EMERGENCY ADOPTION
WSR 08-14-099
Effective date: July 1, 2008
WAC 388-106-0080, 0110 and 0115

ESHB 2687 directs the department to phase in full implementation of a 17 level CARE assessment payment system by July 1, 2008.
Tiffany Sevruk
(360) 725-2538
EMERGENCY ADOPTION
WSR 08-14-098
Effective date: July 1, 2008

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

The new language is essential for Children's Administration to implement the legislature's intent in SSB 5321, amending Child Protective Services (CPS) rules to establish a two-tiered findings system and new record expungement timeframes.
Colette McCully
(360) 902-7918
PERMANENT ADOPTION
WSR 08-18-040
Effective date: October 1, 2008

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Economic Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
WAC 388-492-0090

This amendment extends the certification period to thirty-six months per an approved waiver from Food and Nutrition Service (FNS).
Rebecca Henrie
(360) 725-4615
PERMANENT ADOPTION
WSR 08-20-098
Effective date: November 1, 2008
WAC 388-310-0500, 0900, 1000 and 1050

These amendments will enable the department to invoke new options under the final Deficit Reduction Act (DRA) and to maximize the state's ability to meet the federal work participation rate.
Stephanie Nielsen
(360) 725-4699
EMERGENCY ADOPTION
WSR 08-20-097
Effective date: October 1, 2008
WAC 388-450-0190 and 388-478-0060

These changes update income and deduction standards used for Basic Food and WASHCAP as required under regulations for the Food Stamp program.
Don Winslow
(360) 725-4580
EMERGENCY ADOPTION
WSR 08-20-086
Effective date: October 1, 2008
WAC 388-450-0195 and 388-492-0070

These amendments include updates to utility allowances, the standard income deduction, WASHCAP high cost shelter standard, and the minimum monthly benefit amount.
John Camp
(360) 725-4616
EMERGENCY ADOPTION
WSR 08-20-085
Effective date: October 1, 2008
WAC 388-444-0005 and 0040

This amendment is to allow participants in the Food Stamp Employment and Training (FS E&T) program the option to volunteer to participate more than 120 hours per month.
Nick Espinosa
(360) 725-4620
EMERGENCY ADOPTION
WSR 08-20-084
Effective date: October 1, 2008
WAC 388-412-0015 and 388-450-0185

This amendment implements annual adjustments to standards for the Washington Basic Food program.
John Camp
(360) 725-4616
EMERGENCY ADOPTION
WSR 08-20-083
Effective date: October 1, 2008
Chapter 388-14A WAC

Division of child support.
Onika Garvin
(360) 664-5230
EMERGENCY ADOPTION
WSR 08-20-082
Effective date: October 1, 2008
WAC 388-310-0800

WorkFirst--Support services.
Ian Horlor
(360) 725-4634
PERMANENT ADOPTION
WSR 08-18-045
Effective date: October 1, 2008
WAC 388-448-0180

How do we redetermine your eligibility when we decide you are eligible for general assistance expedited Medicaid (GAX)?
Melissa Mathson
(360) 725-4563
PERMANENT ADOPTION
WSR 08-18-044
Effective date: October 1, 2008
WAC 388-470-0055

How do my resources count toward the resource limit for Basic Food?
John Camp
(360) 725-4616
PERMANENT ADOPTION
WSR 08-18-043
Effective date: October 1, 2008
WAC 388-450-0015 and 388-470-0045

This rule change is necessary to allow the department to apply the federal policy regarding the economic stimulus rebates equally to all programs.
Melissa Mathson
(360) 725-4563
EMERGENCY ADOPTION
WSR 08-18-025
Effective date: August 27, 2008
WAC 388-436-0050

Determining financial need and benefit amount for CEAP.
Ian Horlor
(360) 725-4634
PERMANENT ADOPTION
WSR 08-18-009
Effective date: September 22, 2008
WAC 388-436-0045, 0055 and 0060

Disaster cash assistance program (DCAP).
Ian Horlor
(360) 725-4634
PERMANENT ADOPTION
WSR 08-18-008
Effective date: September 22, 2008
WAC 388-472-0005

What are my rights and responsibilities?
Ian Horlor
(360) 725-4634
PERMANENT ADOPTION
WSR 08-18-007
Effective date: September 22, 2008
WAC 388-310-2100

WorkFirst career services program.
Ian Horlor
(360) 725-4634
PERMANENT ADOPTION
WSR 08-16-102
Effective date: October 1, 2008
WAC 388-414-0001

Do I have to meet all eligibility requirements for Basic Food?
John Camp
(360) 725-4616
PERMANENT ADOPTION
WSR 08-15-137
Effective date: October 1, 2008
WAC 388-478-0005

The department is proposing to amend by emergency adoption to comply with ESHB 2687, section 207(1)(e) requiring a three percent increase in the payment standards for TANF, SFA and RCA.
Ian Horlor
(360) 725-4634
EMERGENCY ADOPTION
WSR 08-14-103
Effective date: July 1, 2008
WAC 388-450-0015 and 388-470-0045

The department is amending rules to exclude economic stimulus payments, authorized by HR 5140, as income in the month of receipt and to exclude the payments as a resource for an additional two months. This change is necessary in order to apply for federal policy to general assistance programs.
Melissa Mathson
(360) 725-4563
EMERGENCY ADOPTION
WSR 08-10-040
Effective date: May 1, 2008

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Health & Recovery Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
WAC 388-550-4670, 4690 and 5410

Hospital services.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 08-20-032
Effective date: October 23, 2008
WAC 388-505-0220

This is a corrected filing to fix a textual error in CR-103 filed as WSR 08-19-099.
Jonell Blatt
(360) 725-1571
PERMANENT ADOPTION
WSR 08-20-014
Effective date: October 19, 2008
CORRECTION FILING TO WSR 08-19-099.
WAC 388-505-0220

The purpose of this amendment is to correct outdated cross-references.
Jonell Blatt
(360) 725-1571
PERMANENT ADOPTION
WSR 08-19-099
Effective date: October 18, 2008
WAC 388-544-0475

Vision care--Noncovered services, eyeglasses, and contact lenses.
Wendy Boedigheimer
(360) 725-1306
EMERGENCY ADOPTION
WSR 08-19-041
Effective date: September 12, 2008
WAC 388-544-0475

Vision care--Noncovered services, eyeglasses, and contact lenses.
Wendy Boedigheimer
(360) 725-1306
PERMANENT ADOPTION
WSR 08-19-026
Effective date: October 9, 2008
WAC 388-505-0230

Family related institutional medical.
Kevin Sullivan
(360) 725-1344
EMERGENCY ADOPTION
WSR 08-18-076
Effective date: September 4, 2008
WAC 388-531-2000

Increased payments for physician-related services for qualified trauma cases.
Jonell Blatt
(360) 725-1571
PERMANENT ADOPTION
WSR 08-18-029
Effective date: September 27, 2008
WAC 388-865-0105, 0106, 0410, 0484, 0511 and 0526

The Mental Health Division is codifying its policy on how it administers community mental health services in the event of a nonparticipating regional support network.
Kevin Sullivan
(360) 725-1344
EMERGENCY ADOPTION
WSR 08-17-105
Effective date: August 23, 2008
WAC 388-501-0100

Subrogation.
Wendy Boedigheimer
(360) 725-1306
PERMANENT ADOPTION
WSR 08-17-046
Effective date: December 1, 2008
WAC 388-535A-0010, 0020, 0030, 0040, 0050, 0060

Orthodontic-related services.
Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 08-17-009
Effective date: September 7, 2008
WAC 388-530-2000 and 2100

The department must amend rules to implement requirements of chapter 245. Laws of 2008.
Jonell Blatt
(360) 725-1571
EMERGENCY ADOPTION
WSR 08-14-097
Effective date: July 1, 2008
WAC 388-501-0100

The department is extending the effective date of the permanent rule filed as WSR 07-23-080 on Subrogation. The new effective date is December 1, 2008.
Wendy Boedigheimer
(360) 725-1306
PERMANENT ADOPTION
WSR 08-01-041
Effective date: December 1, 2008
WAC 388-501-0100

The department is adopting these rules to codify the department's reimbursement policy for medical services paid on behalf of an injured client by the department when the injured client receives settlement or judgment from a liable third party's insurer, or the injured client's own insurance.
Wendy Boedigheimer
(360) 725-1306
PERMANENT ADOPTION
WSR 07-23-080
Effective date: December 20, 2007
CHANGE: EFFECTIVE DATE EXTENDED UNTIL DECEMBER 1, 2008. SEE WSR 08-01-041.

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

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

The purpose of this rule-making action is to comply with a new statute, chapter 387 Laws of 2007 (ESSB 5774), relating to DSHS employee background check rules.

Jackie Beery
(360) 902-7814
EMERGENCY ADOPTION
WSR 08-15-047
Effective date: July 11, 2008
WAC 388-06-0110, 0150 and 0160

The purpose of this rule-making action is to comply with new statutes, chapter 387, Laws of 2007 (ESSB 5774) and chapter 410, Laws of 2007 (SHB 1333), impacting background check requirements for certain child care providers and children returning to their home; and to comply with the federal Adam Walsh Act of 2006.

Jackie Beery
(360) 902-7814
EMERGENCY ADOPTION
WSR 08-15-046
Effective date: July 11, 2008

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Office of the Secretary
Rule Title/Subject Contact Person Washington State Register Citations
Chapter 388-885 WAC

Civil commitment cost reimbursement.
Mark Davis
(253) 617-6283
PERMANENT ADOPTION
WSR 08-19-042
Effective date: October 12, 2008