Aging & Long-Term Support Administration

Type: 
Preproposal Statement of Inquiry (CR-101)

Rule Title/Subject

Contact Person

Washington State Register Citations

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.

Jovi Sanchez (360) 725-2254 WSR 24-10-100

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.

Colleen Jensen (564) 999-3182 WSR 24-10-097

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.

Arielle Finney (360) 764-0384 WSR 24-04-033

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.

Arielle Finney (360) 764-0384 WSR 24-04-032

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.

Arielle Finney (360) 764-0384 WSR 24-04-031

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.

Arielle Finney (360) 764-0384 WSR 24-04-030

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.

Jovi Sanchez (360) 725-2254 WSR 24-04-015

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.

Jovi Sanchez (360) 725-2254 WSR 24-03-107

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.
 

Jovi Sanchez (360) 725-2254 WSR 23-24-046

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.

Jovi Sanchez (360) 725-2254 WSR 23-24-018 **WITHDRAWN with WSR 24-07-102 **

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.

Debra Hoeman 360-764-6632 WSR 23-21-034

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.

Colleen Jensen (564) 999-3182 WSR 23-17-058

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.

Colleen Jensen (564) 999-3182 WSR 23-17-056 **WITHDRAWN with WSR 24-10-092**

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.

Jovi Sanchez (360) 725-2254 WSR 23-17-025

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.

Jovi Sanchez (360) 725-2254

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.

Jovi Sanchez (360) 725-2254 WSR 23-15-074

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.

Debra Hoeman 360-764-6632 WSR 23-13-042

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.

Jovi Sanchez (360) 725-2254 WSR 23-11-075

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”.

Jovi Sanchez (360) 725-2254

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.

Colleen Jensen (564) 999-3182 WSR 23-09-049

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.

Colleen Jensen (564) 999-3182 WSR 23-08-038

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.

Jovi Sanchez (360) 725-2254 WSR 23-05-081

WACs 388-106-1900, 388-106-1910, 388-106-1915, 388-106-1933, and 388-106-1950

The department is considering amending the chapter 388-106 WAC to update definition language, add additional services that are included in the 1115 Waiver Renewal, clarify eligibility, and update language. WAC 388-106-1900 What definitions apply to Medicaid Alternative Care (MAC) and Tailored Support for Older Adults (TSOA) services?, WAC 388-106-1910 Am I eligible for TSOA services?, WAC 388-106-1915 What services may I receive in MAC and TSOA?, WAC 388-106-1933 How is the GetCare screening scored to determine if I am eligible for a GetCare assessment and related step three services?, and WAC 388-106-1950 How do I remain eligible for MAC and TSOA services?  Other related rules as may be required.
 

Jovi Sanchez (360) 725-2254 WSR 22-24-108

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.

Colleen Jensen (564) 999-3182 WSR 22-24-012

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.

Colleen Jensen (564) 999.3182 WSR 22-23-041

WAC 388-107-0630

The department is considering amending enhanced services facilities WAC 388-107-0630-Training and home care aide certification requirements. The department may amend other related rules as appropriate.

Sondra Haas (360) 688-0715 WSR 22-17-099

WACs 388-106-0270 & -0274

The department is planning to amend WAC 388-106-0270, “What services are available under community first choice (CFC)?” and 388-106-0274, “Are there limits to the assistive technology I may receive?” and other related rules as may be required.

Jovi Sanchez (360) 725-2254 WSR 22-17-014

WAC chapter 388-112B

During the 2017 legislative session, House Bill 1548 was codified as RCW 74.39A.080, resulting in the department considering adding a new chapter 388-112B relating to curricula for persons in long-term care facilities with behavioral health needs. The department may amend other related rules as required.

Angel Sulivan
(360) 725-2495
WSR 22-14-034

WAC 388-76-10350, 388-78A-2100, & 388-107-0080

The department is considering amending WAC 388-76-10350, 388-78A-2100, and 388-107-0080 to extend timelines for resident assessments and other related rules as required.

Libby Wagner (253) 234-6061 WSR 22-13-121

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?

Angel Sulivan
(360) 725-2495
WSR 22-13-116

Chapter 388-96 WAC

The Department intends to amend chapter 388-96 WAC regarding its nursing facility Medicaid methodology to implement a low-wage worker wage equity funding and verification and other related rules as may be required.

 

Elizabeth Pashley (360) 995-2807 WSR 22-13-097

WAC 388-106-0130, -0010

The department is considering amending WAC 388-106-0130, How does the department determine the number of hours I may receive for in-home care? and 388-106-0010 What definitions apply to this chapter?  The department may amend other related rules as required.

Angel Sulivan
(360) 725-2495
WSR 22-12-084

WAC 388-76-10455

The department is considering amending WAC 388-76-10455 to allow Adult Family Home providers the authority to administer epinephrine to residents in their care who have an assessed condition requiring administration of epinephrine.

Colleen Jensen

(564) 999-3182

WSR 22-11-023

Chapter 388-106 WAC

The department is considering amending sections in chapter 388-106 WAC, Long-Term Care Services, specifically the rules related to the TCARE assessment tool.

Angel Sulivan
(360) 725-2495
WSR 22-08-070

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.

Molly McClintock (360) 742-6966 WSR 22-08-060

Chapter 388-06 WAC

The department was granted rule making authority in ESHB 1120 in 2021, chapter 203 Laws of 2021, and is therefore pursuing regular rule making, as a follow-up to implementation of emergency rules, to reinstate the fingerprinting requirement for providers that was temporarily suspended by the governor’s proclamation due to the Public Health Emergency. The proposal also amends other rules in Chapter 388-06 to ensure they are consistent with one another and do not conflict with current background check rules in WAC chapter 388-113.

 

Angel Sulivan
(360) 725-2495
WSR 22-07-064

WAC chapter 388-71 and WAC chapter 388-113

The department is planning to repeal and amend sections of WAC chapter 388-71, Home and Community Services and Programs, and WAC chapter 388-113, Disqualifying Crimes and Negative Actions.

Angel Sulivan
(360) 725-2495
WSR 22-06-011

WAC 388-112A-0490

The department is considering adding clarifying language to WAC 388-112A-0490, What are the specialty training requirements for applicants, resident managers, administrators, and other types of entity representatives in adult family homes, assisted living facilities, and enhanced services facilities? The department may amend other related rules as required.

Angel Sulivan
(360) 725-2495

WSR 22-05-052

*WITHDRAWN with WSR 22-06-055*

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.

Brian Laughlin
(360) 867-8247
WSR 22-04-047

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.

Brian Laughlin
(360) 867-8247
WSR 22-04-046

Chapter 388-106 WAC

The department is planning to amend New Freedom Waiver WACs 388-106-1400 through 388-106-1480.

Angel Sulivan
(360) 725-2495
WSR 22-03-090

Chapters 388-71, 112A WAC

The department is planning to reconcile the differences in the training section language between WAC 388-112A and WAC 388-71, update language related to new technologies, and update language related to inclusivity. The department may amend other related rules as required.

Angel Sulivan
(360) 725-2495
WSR 22-03-046

WACs 388-112A-0010, 0300

The department is planning to amend WAC 388-112A-0010, What definitions apply to this chapter?, and WAC 388-112A-0300, What is the seventy-hour long-term care worker basic training?, and create a new section titled What are the minimum requirements for training programs to provide remote skills training? The department may amend other related rules as required.

Angel Sulivan
(360) 725-2495
WSR 21-22-076

WAC 388-103-0001

The department is amending WAC 388-103-0001 What definitions apply to this chapter? and other related rules as appropriate.

Arielle Finney
(360) 485-7784
WSR 21-22-041

Chapter 388-71, 112A WAC

The department is adding news sections in chapter 388-71 WAC, Home and Community Services and Programs, and chapter 388-112A WAC, Residential Long-Term Care Services Training. The department may amend other related rules as required.

Angel Sulivan
(360) 725-2495
WSR 21-21-075

Chapter 388-76 WAC

The department is considering adding a new section in chapter 388-76 WAC, Adult Family Home Minimum Licensing Requirements, and amending other related rules as may be necessary to implement ESHB 1120 (Chapter 203, Laws of 2021).

Libby Wagner
(360) 407-0487
WSR 21-18-001

Chapter 388-78A WAC

The department is considering adding a new section in chapter 388-78A WAC, Assisted Living Facility Licensing Rules, and amending other related rules as may be necessary to implement ESHB 1120 (Chapter 203, Laws of 2021).

Libby Wagner
(360) 407-0487
WSR 21-17-123

Chapter 388-107 WAC

The department is considering adding a new section in chapter 388-107 WAC, Licensing Requirements for Enhanced Services Facilities, and amending other related rules as may be necessary to implement ESHB 1120 (Chapter 203, Laws of 2021).

Libby Wagner
(360) 407-0487
WSR 21-17-121

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).

Lisa Herke
(509) 209-3088
WSR 21-14-051

WAC 388-97-1080, 1090

The department is considering amending WAC 388-97-1080, Nursing Services, WAC 388-97-1090, Direct Care Hours, and other related rules as may be necessary to implement ESHB 1120 (Chapter 203, Laws of 2021).

Lisa Herke
(509) 209-3088
WSR 21-14-049

Chapter 388-97 WAC

The department is considering adding a new section in chapter 388-97 WAC, Nursing Homes, and amending other related rules as may be necessary to implement ESHB 1120 (Chapter 203, Laws of 2021).

Lisa Herke
(509) 209-3088
WSR 21-14-046

WACs 388-97-0920, 1915, 1975

The Department of Social and Health Services, Aging and Long-Term Support Administration, is considering amending WAC 388-97-0920, Participation in resident and family groups; WAC 388-97-1915, Preadmission screening and resident review (PASRR) requirements prior to admission of new residents; WAC 388-97-1975, PASRR requirements after admission of a resident; and other related rules as may be necessary to identify the period of time portions of these rules were suspended or waived during the declared emergency of COVID-19 per Proclamation by the Governor 20-05 and extensions thereto.

Lisa Herke
(509) 209-3088
WSR 21-11-062

WACs 388-97-1380, 1580

The department is considering amending WAC 388-97-1380, Tuberculosis – testing required; WAC 388-97-1580, Tuberculosis – Reporting – Required; and other related rules as may be necessary to assure nursing homes are not obstructed from offering the COVID-19 vaccine to residents and staff because of clinical interference from required tuberculosis (TB) testing.

Lisa Herke
(509) 209-3088
WSR 21-11-061

WAC 388-112A-1240

The department is planning to amend WAC 388-112A-1240 and add a new section in chapter 388-112A WAC, Residential Long-Term Care Services Training. The department may amend other related rules as required.  

Angel Sulivan
(360) 725-2495
WSR 21-11-023

WAC 388-106-0275

The department is planning to amend WAC 388-106-0275, Are there limits to the community transition services I may receive? and other related rules as may be required.

Victoria Nuesca
(360) 725-2393
 
WSR 21-11-022

WAC 388-97-0001, 1090

The department is considering amending WAC 388-97-0001, Definitions; WAC 388-97-1090, Direct Care Hours; and other related rules as may be required to implement EHB 1564 (Chapter 301, Laws of 2019).

Sondra Silverman
(360) 688-0715
WSR 21-10-084

WAC 388-106-0250

The department is planning to amend WAC 388-106-0250, What is the roads to community living (RCL) demonstration project and who is eligible?, and other related rules as may be required.

Julie Cope
(360) 725-2529

WSR 21-09-080

Chapter 388-106 WAC

The department is planning to add a new section in chapter 388-106 WAC for Long-Term Services and Supports (LTSS) Presumptive Eligibility, and may amend other related rules as may be required. 

Angel Sulivan
(360) 725-2495
WSR 21-09-071

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.

Angel Sulivan
(360) 725-2495

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.

Jeanette Childress
360-725-2591
WSR 20-16-069

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).

Sondra Silverman
(360) 688-0715
WSR 20-10-091 *WITHDRAWN with WSR 23-22-056*

WACs 388-97-0001 and 1090

The Department of Social and Health Services, Aging and Long-Term Support Administration, is considering amending WAC 388-97-0001, Definitions; WAC 388-97-1090, Direct Care Hours; and other related rules as may be required to implement EHB 1564 (Chapter 301, Laws of 2019).

Lisa Herke
(509) 209-3088
WSR 20-08-101
**WITHDRAWN with WSR 21-10-082**

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

WSR 20-04-071
**WITHDRAWN with WSR 23-08-006**

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.

Jeanette Childress
360-725-2591
WSR 19-18-062

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.

Jeanette Childress
360-725-2591
WSR 19-18-061

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.

Jeanette Childress
360-725-2591
WSR 19-18-059

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.

Jeanette Childress
360-725-2591
WSR 19-18-051