April 25, 2023

Scheduled Hearing Dates: 
April 25, 2023 10:00am

Rule-Making Hearing Docket

Please note: The public hearing on April 25, 2023, will be held online for those interested in attending. Meeting details are as follows:

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+1 564-999-2000,,613198561#   United States, Olympia

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Select the WAC number to view or print a copy of the CR-102 form and the rule text. Send all comments on the rule to the Rules Coordinator. If you have questions about the rule send a message to the contact person.

Rule Title/Subject Contact Person Washington State Register Citations

WAC 388-446-0015

The department is proposing amendments to WAC 388-446-0015, What is an intentional program violation (IPV) and administrative disqualification hearing (ADH) for basic food? These amendments align with federal regulations in 7CFR 273.16(e)(3) regarding administrative disqualification hearing notices and actions related to trafficked benefits. No amendments are being proposed to WAC 388-410-0020 and WAC 388-410-0030 at this time as originally contemplated in the CR-101.

Roanne Harris
(360) 870-8059

Preproposal notice filed as WSR 22-13-019
Proposed rules filed as WSR 23-07-082
Hearing Date:  April 25, 2023

WACs 388-829C-131, 388-829C-230, 388-829C-232, 388-829C-233, 388-829C-234, 388-829C-235, 388-829R-005, 388-829R-011, 388-829R-165 & 388-829R-170

The purpose of these amendments is to allow companion home providers to access: respite through overnight planned respite services (OPRS) providers; and planned respite through residential habilitation centers. Other changes notification to a primary caregiver when a client receiving OPRS experiences an emergency. The proposed amendments will give companion home providers more options for accessing respite services.

Chantelle Diaz 360-407-1589 

Preproposal filed as WSR 22-22-078
Proposed rules filed as WSR 23-07-080
Hearing Date:  April 25, 2023

WACs 388-76-10350, 388-76-10351, 388-78A-2100, 388-78A-2101, 388-107-0080 & 388-107-0081

The department is proposing to amend WAC 388-76-10350 Assessment-Updates required,388-78A-2100 On-going Assessments, 388-107-0080 On-going Comprehensive Assessment, and adding a new rule to chapters 388-76, 388-78A, and 388-107 to codify the timeline for emergency rules in place due to the COVID-19 public emergency. The department is proposing to adopt rules to identify the requirements in place during the COVID-19 pandemic in Washington state. The purpose of the rule change is to ensure consistent implementation and enforcement of rule requirements in effect during the COVID-19 pandemic in Washington state. This rulemaking will provide clarity for regulated facilities and department inspection and investigation staff related to requirements in place during the COVID-19 pandemic.

Sondra Haas 360-688-0715

Preproposal notice filed as WSR 22-13-121; 
Proposed rule filed as WSR 23-07-076    Hearing Date: April 25, 2023

Chapter 388-112B WAC

New chapter 388-112B WAC Behavioral Health Workers-Facility Based Workers-Geriatric Behavioral Health Worker Training and Curriculum Requirements. The department is planning to add a new chapter 388-112B WAC relating to curricula for persons in long-term care facilities with behavioral health needs. This new rule will set competencies and standards to be used by nursing home facilities to create the curriculum required by RCW 74.39A.078 and set rules for approval of the curriculum by the department. During the 2017 legislative session, House Bill 1548 was codified as RCW 74.39A.078. This law requires the Department of Social and Health Services to adopt rules to establish minimum competencies and standards for the approval of curricula for facility-based workers serving persons with behavioral health needs and geriatric behavioral health workers. The curricula must include at least 30 hours of training specific to the diagnosis, care, and crisis management of residents with a mental health disorder, traumatic brain injury, or dementia. The curricula must be outcome-based, and the effectiveness measured by demonstrated competency in the core specialty areas through the use of a competency test. By eliminating the requirement for a social work degree through this training, the number of individuals who fall within the definition of Geriatric Behavioral Health worker can be expanded, which consequently allows the work performed by these individuals to be used to satisfy the nursing home's, direct care service, minimum requirements.

Jovi Sanchez 360-725-2254

Preproposal notice filed as WSR 22-14-034; 
Proposed rule filed as WSR 23-07-71         
Hearing Date: April 25, 2023

WACs 388-880-010, 388-880-055, 388-880-056, 388-880-057, 388-880-058, and 388-880-059           

The department recognizes these WACs have not been updated since 2013 and since then, there have been policy and RCW changes that require an update. The department has decided to combine WACs 388-880-056 through 388-880-058 into one WAC. This will help clarify expectations of the Senior Clinical Team and clarify how the Special Commitment Center (SCC) reviews residents whose Less Restrictive Alternative (LRA) status is revoked. WAC 388-880-059 is being amended to clarify communication expectations for SCC when a resident is conditionally released or discharged. WAC 388-880-010 Definitions will also be updated to ensure consistency as the WACs are updated.  The department held a public rule making hearing on January 24, 2023.  Testimony was received and we have made changes to the rule text.

Emma Palumbo 360-972-6214

Preproposal notice filed as WSR 22-19-078
Proposed rules filed as WSR 23-01-074 Supplemental proposed rules filed as WSR 23-07-068
Hearing Date: April 25, 2023

WACs 388-97-0300, 388-97-03001, 388-97-0920, 388-97-1000, 388-97-10001, 388-97-1020, 388-97-10201, 388-97-1260, 388-97-12601, 388-97-1380, 388-97-13801, 388-97-1580, 388-97-15801, 388-97-1740, 388-97-17401, 388-97-1760, 388-97-17601, 388-97-2400 & 388-97-24001

The department is proposing amendments to: WAC 388-97-0300, Clinical records for residents in medicare and medicaid certified facilities, and adoption of a new section related to nursing facilities providing clinical records to residents in and their representatives during the COVID-19 pandemic, 388-97-0920, Resident and family groups, 388-97-1000, Resident Assessment; and adoption of a new section related to resident assessment during the COVID-19 pandemic, 388-97-1020, Comprehensive Plan of Care; and adoption of a new section related to care plans during the COVID-19 pandemic, 388-97-1260, Physician services for residents in medicare and medicaid certified facilities, and adoption of a new section related to physician delegation of tasks and visits in nursing homes during the COVID-19 pandemic, 388-97-1380, Tuberculosis – testing required, 388-97-1580, Tuberculosis – Reporting – Required, and adoption of two new sections related to tuberculosis (TB) testing requirements and COVID-19 vaccinations during the COVID-19 pandemic, 388-97-1740: Disaster and emergency preparedness, 388-97-1760: Quality assessment and assurance, 388-97-2400: Resident rooms; and the adoption of three new sections during the COVID-19 pandemic.

Molly McClintock 360-742-6966

Preproposal notices filed as WSRs 20-17-005, 20-17-133, 20-19-009, 20-21-034 & 21-11-061; 
Proposed rule filed as WSR 23-06-063;     Hearing Date: April 25, 2023

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Rules Coordinator

Rules and Policies Assistance Unit
PO Box 45850
Olympia, WA  98504-5850
Phone: (360) 664-6097
Fax: (360) 664-6185
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