Aging & Long-Term Support Administration

Chapter 388-78A WAC

The department is considering amending sections in chapter 388-78A WAC “Assisted Living Facility Licensing Rules” related to E2SSB 5337 Chapter 187, Laws of 2025 Assisted Living Facilities-Memory Care Services. This rulemaking may result in adopting new sections of rule. The department may amend other related rules as necessary.

Chapters 388-76, 388-78A, 388-97 & 388-107 WAC

The department is considering amending and adding new sections to the following chapters and associated sections: Chapter 388-76 WAC, Adult Family Home Minimum Licensing Requirements: WAC 388-76-10000, Definitions., 388-76-10164, Background checks—Results—Duty to inform., and 388-76-10161, Background checks—Who is required to have., Chapter 388-78A WAC, Assisted Living Facility Licensing Rules: WAC 388-78A-2020, Definitions., 388-78A-2465, Background check—Results—Inform, and 388-78A-2462 Background checks—Who is required to have. Chapter 388-97 WAC, Nursing Homes: WAC 388-97-0001, Definitions., Background check—Results—Inform, and 388-97-1800, Criminal history disclosure and background inquiries. Chapter 388-107 WAC, Licensing Requirements for Enhanced Services Facilities: WAC 388-107-0001, Definitions, 388-107-1210, Background checks—Who is required to have, and 388-107-1240 Background check—Results—Inform. This rulemaking may result in adopting new sections of rule. As needed, amendments will also make changes required to improve clarity, update policy, or better align rule language with state and federal law or regulations. Updates to other related rules may be required.

WAC 388-76-10895

The department is considering amendments to WAC 388-76-10895 Emergency evacuation drills—Frequency and participation. Updates to other related rules may be required.  As needed, amendments will also make changes required to improve clarity, update policy, or better align rule language with state and federal law or regulations.

WACs 388-76-10125, 388-76-10315, 388-76-10320, 388-76-10715 & 388-76-10930

The department is considering amending the following sections in Chapter 388-76 WAC: 388-76-10125 License—May be denied, 388-76-10315 Resident Record-Required, 388-76-10320 Resident record-Content,  388-76-10715 Doors-Ability to open, and 388-76-10930 Plan of correction (POC)—Required. This rulemaking may result in adopting new sections of rule. Updates to other related rules may be required. As needed, amendments will also make changes required to improve clarity, update policy, or better align rule language with state and federal law or regulations.

Title 388 WAC

Department of Social and Health Services is creating rules for the Long-Term Services and Supports Trust Program. The rulemaking will address eligible relative care, which will be the third option for qualified family members to receive payment for personal care services, and other related rules as appropriate.

WAC 388-106-0274

WAC 388-106-0274 Are there limits to the assistive technology I may receive? Subsection (1)(c) Subscriptions, data plan charges, and ongoing recurring fees, and other related rules as may be needed.
 

WACs 388-106-0015, 388-106-0336 & 388-106-0338

WACs related to the Residential Support Waiver. WAC 388-106-0015 What long-term care services does the department provide?, 388-106-0336 What services may I receive under the residential support waiver?, and 388-106-0338 Am I eligible for services funded by the residential support waiver?. The Department of Social and Health Services (department) is considering amending the above rules and considering amending other related rules as necessary.

Chapter 388-106 WAC

The Department of Social and Health Services (department) is considering amendments to WAC 388-106-1700 What definitions apply to supportive housing?, 388-106-1705 What services may I receive under supportive housing?, 388-106-1720 Am I eligible for supportive housing funded services?, 388-106-1740 What are my rights when I receive supportive housing services in a setting owned by a service provider?, 388-106-1750 Are there limits to the supportive housing services I receive?, and 388-106-1760 Do I have the right to an administrative hearing regarding supportive housing services? and other related rules as appropriate. These rules are related to supportive housing programs that have been updated through an administrative process. They also need to be updated in WAC. Other necessary changes and corrections related to grammar, numerical representation, consistency, and inclusive language may also be included.

Title 388 WAC

The Department of Social and Health Services (DSHS) is creating rules in a new chapter in title 388 WAC for the Long-Term Services and Supports Trust Program (WA Cares). This rulemaking will address notifications to providers of department decisions, and other related rules as appropriate.

Title 388 WAC

Department of Social and Health Services (DSHS) is creating rules in a new chapter in title 388 WAC for the Long-Term Services and Supports Trust Program (WA Cares). The rulemaking will address reimbursements to beneficiaries for approved services permitted to be paid privately and reimbursed by the trust, and other related rules as appropriate.

Title 388 WAC

The Department of Social and Health Services (DSHS) is creating rules in a new chapter in title 388 WAC for the Long-Term Services and Supports Trust Program (WA Cares). The rulemaking will address maximum rates for approved services provided by registered providers, and other related rules as appropriate.

Title 388 WAC

Department of Social and Health Services (DSHS) is creating rules in a new chapter in title 388 WAC for the Long-Term Services and Supports Trust Program (WA Cares). This rulemaking will address appeals of department decisions by providers, and other related rules as appropriate.

Title 388 WAC

The Department of Social and Health Services (DSHS) is creating rules in a new chapter in title 388 WAC for the Long-Term Services and Supports Trust Program (WA Cares). This rulemaking will address notifications to beneficiaries of department decisions, and other related rules as appropriate.

Title 388 WAC

The Department of Social and Health Services (DSHS) is creating rules in a new chapter in title 388 WAC for the Long-Term Services and Supports Trust Program (WA Cares). This rulemaking will address appeals of department decisions by beneficiaries, and other related rules as appropriate.

Chapter 388-829Z WAC

The department is considering writing new rules to regulate providers of Emergency Transitional Support Services (ETSS), which are currently outlined in Chapter 388-829Z WAC, and other related rules as may be required.

WACs 388-71-1031 & 388-112A-1010

The Department of Social and Health Services (DSHS) is considering amendments to WAC 388-71-1031 What is the curriculum approval process for orientation, safety, the 70-hour basic training population specific training, the 30-hour basic training, the seven-hour parent provider training, and continuing education? and WAC 388-112A-1010 What is the curriculum approval process for orientation, safety training, basic training, population specific training, specialty training, residential care administrator training, and continuing education? These rules are related to curriculum approval. Other necessary changes and corrections related to grammar, numerical representation, consistency, and inclusive language may also be included. DSHS may amend other related rules as required.

WACs 388-71-0985 & 388-112A-0600

The Department of Social and Health Services (department) is planning to amend sections WAC 388-71-0985 and 388-112A-0600. These sections are titled continuing education and what topics may be covered in continuing education? The purpose of these changes includes clarification, updating acceptable reasons for repeating continuing education courses, and other related rules as may be required.

Chapters 388-76, 388-78A & 388-107 WAC

The department is considering amending the following rules, adding new sections, and amending other sections as needed:  Chapter 388-76 WAC, Adult Family Home Minimum Licensing Requirements; Chapter 388-78A WAC, Assisted Living Facility Licensing Rules; and Chapter 388-107 WAC, Licensing Requirements for Enhanced Services Facilities. This proposal refiles the project previously filed as WSR 24-18-013 to clarify the scope of rulemaking. Amendments and new sections will address the need for a legally enforceable agreement between the operators of AFH, ESF, and ALF and residents in those settings whose care is paid through Medicaid. Requirements for these agreements include the need to outline resident rights that include resident eviction processes and appeals related to transfer and discharge. This rulemaking is needed to comply with federal regulations 42 CFR §441.530(a)(1)(vi)(A) & 42 CFR §441.301(c)(4)(vi)(A). This rulemaking will include other related rules as may be required.
 

WACs 388-71-1055, 388-71-1064, 388-112A-1240 & 388-112A-1250

The Department of Social and Health Services (department) is considering amendments to sections  WAC 388-71-1055 What are the minimum qualifications for an instructor for basic (including 30-hour and seven-hour DDA parent providers), population specific, on-the job, nurse delegation core, and nurse delegation specialized diabetes trainings?, 388-71-1064 What are the minimum qualifications for community instructors for adult education training using DSHS curriculum?, 388-112A-1240 What are the minimum qualifications for an instructor for core basic, population specific, on-the-job, residential care administrator, nurse delegation core, and specialized diabetes trainings?, and 388-112A-1250 What is the minimum qualifications for community instructors for adult education training using DSHS curriculum? The amendments are related to the minimum qualifications for an instructor for adult education, nurse delegation core, and specialized diabetes trainings when the instructor only teaches at the facility or corporation where they are employed. Other necessary changes and corrections related to numerical representation, consistency, inclusive language, and other related rules as may be required.

WAC 388-96-809

The department is considering amending WAC 388-96-809 Change of ownership—Final reports—Settlement securities, and other related rules as may be necessary.

Chapters 388-76, 388-78A & 388-107 WAC

The department is considering amending the following rules, adding new sections, and amending other sections as needed:  Chapter 388-76 WAC, Adult Family Home (AFH) Minimum Licensing Requirements, chapter 388-78A WAC, Assisted Living Facility (ALF) Licensing Rules, and chapter 388-107 WAC, Licensing Requirements for Enhanced Services Facilities (ESF). Amendments and new sections will address the need for a legally enforceable agreement between the operators of AFH, ESF, and ALF and residents in those settings whose care is paid through medicaid. This rulemaking is needed to comply with federal regulations 42 CFR §441.530(a)(1)(vi)(A) & 42 CFR §441.301(c)(4)(vi)(A). This rulemaking will include other related rules as may be required.
 

Chapter 388-05B WAC

New chapter 388-05B WAC, Electronic Visit Verification System Requirements, and other related rules as may be required.

Chapter 388-106 WAC

The department is planning to add a new section to WAC 388-106-1000 through 388-106-1055 in the paid Private Duty Nursing (PDN) section of WAC. The new section may be under WAC 388-106-1021, which is related to PDN Paid Holidays. Currently PDN providers have been receiving holiday pay and referring to a Washington state employee WAC. PDN providers are not Washington state employees and therefore need to have clarity in this WAC section for paid holidays. During this rule-making the department may identify and amend other related rules as required.
 

WACs 388-71-0523, 388-71-0839, 388-71-0880, 388-71-0888, 388-71-0971, 388-71-0977, 388-71-0990, 388-71-0991, 388-71-1001 & 388-115-0523

The Department is planning to amend WAC sections 388-71-0523, 388-71-0839, 388-71-0880, 388-71-0888, 388-71-0971, 388-71-0977, 388-71-0991, 388-71-1001 & 388-115-0523, and to repeal 388-71-0990. The purpose of these changes include: Compliance with Senate Bill 5811 passed during the 2024 legislative session, Clarification of continuing education requirements related to the date of hire, Acknowledgement of the Interstate Nurse Licensure Compact related to training requirements, and Combining WAC 388-71-0990 and WAC 388-71-0991 into a single section. Other changes necessary for implementation of SB 5811 and changes and corrections related to numerical representation, consistency, and inclusive language may also be included.

WAC 388-96-738

WAC 388-96-738 What default case mix group and weight must the department use for case mix grouping when there is no minimum data set resident assessment for a nursing facility resident?  And other related sections as are necessary.

WACs 388-106-0010 & 388-106-0090

The department is planning to amend WAC 388-106-0010, “What definitions apply to this chapter?” and 388-106-0090 “How does the CARE tool measure cognitive performance?” and other related rules as may be required.

WACs 388-106-1800 through 388-106-1820

The department is considering amending WAC 388-106-1800 through 388-106-1820 Long Term Care Services, specifically the rules related to the Long-Term Service & Supports Presumptive Eligibility and any related rules as may be required. The department is considering amending unclear, ambiguous, and inaccurate information in the following, WAC 388-106-1800 Update to definition language, 388-106-1805 Language clarification – Change to eligibility criteria, 388-106-1810 Language clarification for amount of personal care hours, 388-106-1815 Language clarification – Change to eligibility criteria, and 388-106-1820 Language clarification for amount of personal care hours. Other related rule changes that arise during this rule making may be incorporated. Other related WAC sections may need to be updated as a result of this rule making.

WAC 388-76-10031

The department is considering amending WAC 388-76-10031, License requirements—Seven or eight bed adult family homes—Licensure. This proposal refiles the project previously filed as WSR-23-17-056 that seeks to clarify requirements for homes wishing to increase capacity to seven or eight beds when the adult family home (home) serves only residents who do not require assistance with evacuation and the home does not have a residential sprinkler system. This project also implements ESHB Chapter 147, Laws of 2024-Adult Family Homes-Applications to Increase Bed Capacity. The department is filing this notice to combine the two projects. The department may amend other related rules as necessary.

Title 388 WAC

The Department of Social and Health Services (DSHS) is creating rules in a new chapter in title 388 WAC for the Long-Term Services and Supports Trust Program (WA Cares). This rulemaking will address provider registration and other related rules as appropriate. DSHS is tasked with developing and adopting rules for implementing the responsibilities outlined in RCW 50B.04.020(3) for the WA Cares program. This section of rules will address provider rights, registration requirements including minimum qualifications and operational standards, application process, disputed services and fraudulent activity, and other related rules as appropriate.

Title 388 WAC

The Department of Social and Health Services (DSHS) is creating rules in a new chapter in title 388 WAC for the Long-Term Services and Supports Trust Program (WA Cares). This rulemaking will address the intake and application process for beneficiaries and other related rules as appropriate. DSHS is tasked with developing and adopting rules for implementing the responsibilities outlined in RCW 50B.04.020(3) for the WA Cares program. This section of rule will address beneficiary rights and responsibilities, eligibility requirements, applying for services, and other topics identified as being necessary for intake and application.

Title 388 WAC

The Department of Social and Health Services (DSHS) is creating rules in a new chapter in title 388 WAC for the Long-Term Services and Supports Trust Program (WA Cares). This rulemaking will address general provisions, approved services, and other related rules as appropriate. DSHS is tasked with developing and adopting rules for implementing the responsibilities outlined in RCW 50B.04.020(3) for the WA Cares program. This section of rule will address general provisions, approved services, and other related rules as appropriate. This section will address governance, purpose, and definitions, as well as address covered services, service requirements, and minimum qualifications for service types, and other topics identified as being necessary for general provisions and approved services.

Title 388 WAC

The Department of Social and Health Services (DSHS) is creating rules in a new chapter in title 388 WAC for the Long-Term Services and Supports Trust Program (WA Cares). This rulemaking will address the assessment and service delivery process for beneficiaries and other related rules as appropriate. DSHS is tasked with developing and adopting rules for implementing the responsibilities outlined in RCW 50B.04.020(3) for the WA Cares program. This section of rule will address beneficiary assessments, service denial or termination, and complaint resolution for service delivery. This includes the purpose of assessment, assessed values, reassessment, notification of assessment outcomes, reasons and requirements for service denial or termination, and other topics identified as being necessary for general provisions and approved services.

Chapter 388-106 WAC

The department is considering adding new sections in chapter 388-106 WAC to implement a State Funded Guardianship, Conservatorship, and Alternative Arrangements Assistance Program. The rules will describe the program requirements, including but not limited to, eligibility criteria, application process, payment details, administrative appeals, and overpayments. During this rulemaking, the department may make additional changes necessary to improve the program requirements, provide clarity, and add or amend other related rules as may be necessary.

WAC 388-112A-0118

The Department of Social and Health Services (DSHS) (department) is considering amending WAC 388-112A-0118 What documentation is required for completion of each training? related to documentation of facility orientation. And other related rules as may be required.

WAC 388-106-2000 through 388-106-2050

The Department of Social and Health Services (department) is adding New WAC sections to chapter 388-106 WAC relating to the Civil Transitions Program WAC. These WAC Sections include WAC 388-106-2000 through 388-106-2050 based on Engrossed Senate Bill 5440 (chapter 453, Laws of 2023) provisions. The department may adopt or amend other related rules as may be required to implement provisions of ESB 5440. The rules provide conditional services for individuals who are referred by the Behavioral Health Administration who have been found not functionally and financially eligible for Long-Term Support Services. During this rule making, the department may make additional changes necessary to improve the program requirements and provide clarity.
 

WACs 388-71-0971, 388-71-0990 & 388-71-0991

The Department of Social and Health Services (department) is considering amendments to WAC 388-71-0971, 388-71-0990, and 388-71-0991 related to continuing education requirements that must be verified by an employer when a long-term care worker is hired. Rules on this subject are needed due to current confusion around what continuing education must be verified by an employer when hiring a long-term care worker. This confusion creates a potential barrier to maintaining the workforce.

Chapters 388-76, 388-78A, 388-97 & 388-107 WAC

The department is considering adding new sections, repealing, and amending existing sections in Chapter 388-76 WAC “Adult family home minimum licensing requirements,” Chapter 388-78A WAC “Assisted living facility licensing rules,” Chapter 388-97 WAC “Nursing homes,” and Chapter 388-107 WAC “Licensing requirements for enhanced services facilities,” Including WAC 388-76-10160, 388-76-10161, 388-76-10163, 388-76-101631, 388-76-101632, 388-76-10164, 388-76-10165, 388-76-10166, 388-76-10170, 388-76-10174, 388-76-10175, 388-76-10176, 388-76-10180, 388-76-10181, 388-78A-2461, 388-78A-2462, 388-78A-2464, 388-78A-24641, 388-78A-24642, 388-78A-2465, 388-78A-2466, 388-78A-2467, 388-78A-2468, 388-78A-24681, 388-78A-2469, 388-78A-2470, 388-78A-24701, 388-78A-2471, 388-97-1790, 388-97-1800, 388-97-1820, 388-107-1205, 388-107-1210, 388-107-1215, 388-107-1220, 388-107-1230, 388-107-1240, 388-107-1250, 388-107-1252, 388-107-1260, 388-107-1270, 388-107-1280, 388-107-1290, 388-107-1300, 388-107-1310, and other related rules as maybe required. The purpose for the change is to consolidate the rules related to background checks, negative actions, and Character, Competence, and Suitability (CC&S) determinations between Home and Community Services (HCS), Residential Care Services (RCS), and Developmental Disabilities Administration (DDA). The consolidated chapter will provide 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.

WAC 388-76-10780

The department is considering amending WAC 388-76-10780, Toilets and bathing facilities. to clarify requirements for homes licensed after August 1, 2023, that have a licensed capacity of more than five. The department may amend other related rules as necessary.

WAC 388-76-10031

The department is considering amending WAC 388-76-10031, License requirements—Seven or eight bed adult family homes—Licensure. to clarify requirements for homes wishing to increase capacity to seven or eight beds when the adult family home (home) serves only residents who do not require assistance with evacuation and the home does not have a residential sprinkler system. The department may amend other related rules as necessary.

WAC 388-112A-0800

The department is planning to amend WAC 388-112A-0800 What is residential care administrator training?, and other related rules as may be required. Rules on this subject are needed due to the lack of alignment between WAC 388-112A-0800 and RCW 70.128.120. Currently, the WAC and the law have conflicting information related to the number of hours of training needed for required adult family home administrator training. This conflict is causing concerns during the application process. Additionally, unlike rules for home care aide certificates of training completion, current rules do not specify a time limit for validity of adult family home administrator training certificates for the purpose of new adult family home applicants. Assuring that training be reasonably current for new applicants is in the best interests of adult family home residents. Well-trained adult family home administrators are essential to the wellbeing of residents.

WAC 388-112A-0080

The department is planning to amend section WAC 388-112A-0080 - Who is required to complete the seventy-hour long-term care worker basic training and by when? This section relates to adult family home administrator training certification. During the course of this rule making, we may amend other related rules as required. Rules on this subject are needed due to the lack of alignment between WAC 388-112A-0800 and RCW 70.128.120. Currently, the WAC and the law have conflicting information related to the number of hours of training needed for required adult family home administrator training. This conflict is causing concerns during the application process. Additionally, unlike rules for home care aide certificates of training completion, current rules do not specify a time limit for validity of adult family home administrator training certificates for the purpose of new adult family home applicants.  Assuring that training be reasonably current for new applicants is in the best interests of adult family home residents.  Well-trained adult family home administrators are essential to the wellbeing of residents.

WSR 23-16-088

**WITHDRAWN with WSR 23-17-061**

Chapter 388-71, 388-112A & 388-115 WAC

The department is considering amending sections of chapter 388-71 WAC Home and community services and programs, chapter 388-112A WAC Residential long-term care services training, and chapter 388-115 WAC Consumer directed employer, in response and in compliance to E2SHB 1694 (Chapter 424, Laws of 2023) passed during the 2023 legislative session. The changes included the definition of “date of hire,” clarification on when the date of hire may be reset, and additional family relationships related to long-term care worker training and continuing education requirements, and other related rules as needed. Additional changes related to numerical representation, consistency, and inclusive language are also being considered.

WAC 388-101-3020

The department is considering amending WAC 388-101-3020, Compliance and adding a new section to chapter 388-101 WAC, as necessary to make clear compliance and reporting requirements in the event of an outbreak of a communicable disease or suspected food poisoning, and other related rules as may be required.

WACs 388-71-0876, 388-71-0992, 388-112A-0081 & 388-112A-0613

The department is considering amending WAC 388-71-0876 When must a long-term care worker who was working or hired during the COVID-19 public health emergency complete training, including required specialty training?, 388-71-0992 When must continuing education be completed when public health emergency waivers are lifted, and what continuing education credit is granted to long-term care workers employed during the pandemic?, 388-112A-0081 When must long-term care workers who were working or hired during the COVID-19 public health emergency complete training, including specialty training? and 388-112A-0613 when must continuing education be completed when public health emergency waivers are lifted, and what continuing education credit is granted to long-term care workers employed during the pandemic? Availability of training and certification for long-term care workers continues to require extension to deadlines due to the COVID-19 pandemic. The extensions are critical for ensuring the ability of long-term care workers to access training, certification, and continuing education. The department intends to put current emergency rule deadlines into permanent rule to cover those long-term care workers still affected by training and certification backlogs, and to clarify a final repeal date for all COVID training rules when no longer required as directed by statute. These rules will be finalizing training, certification, and continuing education pandemic extensions and setting a date for repeal of those sections. The department is considering amending these rules and other related rules as appropriate to make them permanent.

WACs 388-71-0836 & 388-112A-0010

WAC 388-71-0836 What definitions apply to the long-term care worker training requirements? and 388-112A-0010 What definitions apply to this chapter?. The Department of Social and Health Services (department) is planning on adding a new definition to these chapters and amending other related rules as required. The rules on this subject are needed because the training of Home Care Aides is essential to the department’s goal of expanding the number of long-term care workers available to serve the quickly growing number of clients that need them. The department has identified situations where some instructors are claiming they have “mentored” students, and there has been little or no supervision of the training or feedback for instructor growth. For this reason, and to assure that students being mentored are offered the best preparation possible, the department needs to provide clarifying language to define the meaning of “being mentored”.

WSR 23-10-037

**WITHDRAWN with WSR 23-13-032**

WAC 388-76-10315

The department is considering amending WAC 388-76-10315, Resident Record – Required. The intent is to help the regulated community comply with the rule by providing clear language about Long-Term Care Ombuds access to resident records. The department may amend other related rules as appropriate. This rulemaking was requested as a means to align the rule with federal requirements for Long-Term Care Ombuds access to resident records. The amended rule will give clarity to adult family home providers. It will also support adult family home residents who may benefit from or are currently receiving Long-Term Care Ombuds advocacy. The department will compare the draft rules with 45 CFR §1324.11(e)(2), Centers for Medicare and Medicaid Services (CMS) requirements related to Long-Term Care Ombuds access to resident records. The department will confirm consistency with the federal requirements and will consult with CMS as necessary.

Chapters 388-76, 388-78A, 388-97 & 388-107 WAC

The Department is considering amending the following rules, adding a new section, and amending other sections as needed. The intent is to provide clarity to the resident medication rules, including labeling, documentation, and storage of resident medications, specifically related to the implementation of the Death with Dignity Act: Chapter 388-76 WAC, Adult Family Home Minimum Licensing Requirements; Chapter 388-78A WAC, Assisted Living Facility Licensing Rules; Chapter 388-107 WAC, Licensing Requirements for Enhanced Services Facilities; and Chapter 388-97 WAC, Nursing Homes. This rulemaking was requested by a member of the public to reduce potential barriers to residents in Adult Family Homes accessing prescribed medications under the Death with Dignity Act. The department identified potential barriers in Assisted Living Facility, Enhanced Services Facilities, and Nursing Home rules. Death with Dignity medications can only be prescribed to individuals deemed able to “self-administer” the medication (RCW 70.245). Creating a new section in the above-referenced WAC chapters will clarify that Death with Dignity medications would not be subject to the same labeling, documentation, and storage requirements as other resident medications. This will enable residents to receive the prescribed medications timely, without potential delays that could result in the resident no longer being able to self-administer the medication.

WAC 388-106-0336

The intent of this rulemaking is to amend WAC 388-106-0336 to add a new service, Community Stability Supports, under the residential support waiver. Minor language may also be made for consistency in service language.

WAC 388-76-10750

The department is considering amending the following section in chapter 388-76 WAC, Adult Family Home Minimum Licensing Requirements: 10750-Safety and maintenance. The intent is to provide clarity about access to hand sanitizer in compliance with infection control, safety, and maintenance regulations in adult family homes. Homes must meet infection control requirements while also ensuring resident safety. The department may amend other related rules as appropriate.

Chapter 388-76 WAC

The department is considering amending Chapter 388-76 WAC, Adult Family Home Minimum Licensing Requirements, to address a process gap that occurs when residents transfer or discharge from Adult Family Homes and prescription medications for those residents continue to be filled by pharmacies. These filled prescriptions may not be returned to the pharmacy and are subject to diversion and misuse by others. The department may amend other related rules as appropriate.

WACs 388-71-0503, 388-106-0010, 388-106-0060, 388-115-0516

The department is planning to amend the Washington Administrative Code (WACs) to support the passage of Senate Bill 5866, an act relating to Medicaid long-term services and supports eligibility determinations being completed by federally recognized Indian tribes. The department is planning to amend the following WACs:

388-71-0503 – What definitions apply to WAC 388-71-0500 through WAC 388-71-05640

388-106-0010 – What definitions apply to this chapter?

388-106-0060 – Who must perform the assessment?

388-115-0516 – What are the responsibilities of the consumer directed employer when providing care to a client?

WAC 388-97-0120, -0140

The department is considering amending WAC 388-97-0120, Individual transfer and discharge rights and procedures; WAC 388-97-0140, Transfer and discharge appeals for residents in Medicare or Medicaid certified facilities; and other related rules as may be necessary to assure nursing homes are able to rapidly transfer and discharge residents for grouping of COVID-19 positive residents in one facility or grouping asymptomatic residents together. This helps expedite infection control processes and maximize the availability of nursing home beds.

Chapters 388-76, 78A, 97, 107 WAC

The department is considering amending chapters 388-76, 388-78A, 388-97, 388-107 WAC to implement specific sections to SHB 1218. The department may amend other related rules as necessary to meet the legislative intent of SHB 1218. The department is considering amending the rules to add requirements related to facility communication system, resident access to communications, and facility responsiveness to outside communications. Comprehensive disaster preparedness plans, and related policies and procedures, and equipment for a range of potential hazards, emergencies, and disasters. Visitation of essential support persons. Resident’s rights to a safe and healthy environment.

Chapters 388-76, 78A, 97, 107 WAC

The department is considering amending chapters 388-76, 388-78A, 388-97, 388-107 WAC to implement specific sections to SHB 1218. The department may amend other related rules as necessary. The department is considering amending the rules to adopt requirements for providers to publicly post stop placement orders, adopt requirements for providers to create and maintain resident rosters as well as responding to requests from ombuds for roster information, incorporate new definition of resident representative, replace the phrase “his or her” with appropriate gender-neutral terms.

WAC 388-97-1660

The department is considering amending WAC 388-97-1660, Staff and equipment, and other related rules as may be necessary to implement ESHB 1120 (Chapter 203, Laws of 2021).

WAC 388-71-0975

The department is planning to amend WAC 388-71-0975, Who is required to obtain certification as a home care aide, and when?, and other related rules as may be required.

WSR 21-01-121

*WITHDRAWN with WSR 23-16-152*

Chapters 388-76, 78A, 101D, 107 WAC

The department is considering amending the following rules to identify the period of time Tuberculosis testing is suspended or waived during the declared emergency of COVID-19 per Proclamation by the Governor 20-05. The department may amend other related rules as may be required.

Chapter 388-107 WAC

The department is considering amending chapter 388-107 WAC and other related rules as may be required to implement Substitute House Bill 2448 (Chapter 278, Laws of 2020).

WAC 388-71-0115

The department is planning to amend WAC 388-71-0115 When is an investigation conducted?, and other related rules as may be required.

Will Reeves
(360) 485-3715

Chapter 388-78A WAC

The department is planning to add new sections, repeal existing sections, and amend sections in chapter 388-78A WAC “Assisted Living Facility Licensing Rules” related to tuberculosis screening including WAC 388-78A-2480, WAC 388-78A-2481, WAC 388-78A-2482, WAC 388-78A-2483, WAC 388-78A-2484, WAC 388-78A-2485, WAC 388-78A-2486, WAC 388-78A-2487, WAC 388-78A-2488, WAC 388-78A-2489, and other related rules as may be required.

Chapter 388-76 WAC

The department is planning to add new sections, repeal existing sections, and amend sections in chapter 388-76 WAC “Adult Family Home Minimum Licensing Requirements” related to tuberculosis screening including WAC 388-76-10198, WAC 388-76-10265, WAC 388-76-10270, WAC 388-76-10275, WAC 388-76-10280, WAC 388-76-10285, WAC 388-76-10290, WAC 388-76-10295, WAC 388-76-10300, WAC 388-76-10305, and WAC 388-76-10310, and other related rules as may be required.

Chapter 388-107 WAC

The department is planning to add new sections, repeal existing sections, and amend sections in chapter 388-107 WAC ”Licensing Requirements for Enhanced Services Facilities” related to tuberculosis screening including  WAC 388-107-0440, WAC 388-107-0450, WAC 388-107-0460, WAC 388-107-0465, WAC 388-107-0470, WAC 388-107-0480, WAC 388-107-0490, WAC 388-107-0500, WAC 388-107-0510, WAC 388-107-0520, WAC 388-107-0530, WAC 388-107-0540, WAC 388-107-0542, and other related rules as may be required.

Chapter 388-97 WAC

The department is proposing to add new sections, repeal existing sections, and amend sections in chapter 388-97 WAC “Nursing Homes” related to tuberculosis screening including WAC 388-97-1360, WAC 388-97-1380, WAC 388-97-1400, WAC 388-97-1440, WAC 388-97-1460, WAC 388-97-1480, WAC 388-97-1500, WAC 388-97-1520, WAC 388-97-1540, WAC 388-97-1560, WAC 388-97-1580, WAC 388-97-1600, and other related rules as may be required.