June 9, 2015

Scheduled Hearing Dates: 
June 09, 2015 10:00am

Rule-Making Hearing Docket

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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

Chapter 388-106 WAC

The department is amending WAC 388-106-0010 to include the following changes:  1) To clarify the definitions of eating and set-up help in response to recent Board of Appeals decisions; 2) To add new definitions related to Modified Adjusted Gross Income (MAGI) eligibility group and to clarify existing definitions related to Long-Term Care Services; 3) To clarify the definition of informal support in response to decisions from the Health Care Authority Board of Appeals. The department will also amend 388-106-0130 in response to decisions from the Health Care Authority Board of Appeals; and 4) To amend existing definitions to include Enhanced Services Facilities.

Rachelle Ames
(360) 725-2353
Preproposal notice filed as WSR 14-22-084
Proposed rules filed as WSR 15-09-100
Hearing date: June 9, 2015

Chapter 388-845 WAC

The 2014 Operating Supplemental Budget directed the Developmental Disabilities Administration (DDA) to move the state funded Individual and Family Services (IFS) program into a 1915 (C) Home and Community Based Services (HCBS) Waiver. The requirement is to mirror the current IFS program as much as possible in the new HCBS waiver.

Bob Beckman
(360) 725-3445
Preproposal notice filed as WSR 14-12-093
Proposed rules filed as WSR 15-09-024
Hearing date: June 9, 2015

Chapter 388-110 WAC

The department is proposing these rules to comply with and be consistent with requirements set forth in the Centers for Medicare and Medicaid Services for Home and Community Based Services (HCBS Final Rule 42 CFR) that became effective March 17, 2014 related to building requirements.

Jeanette Childress
(360) 725-2591
Preproposal notice filed as WSR 15-06-056
Proposed rules filed as WSR 15-10-105
Hearing date: June 9, 2015

Chapter 388-71 WAC

The department is adding new sections to chapter 388-71 WAC to transfer and amend the rules for Residential Client Protection Program found in chapter 388-76 WAC (Adult Family Home), chapter 388-78A WAC (Assisted Living), chapter 388-97 WAC (Nursing Home), chapter 388-101 WAC (Supportive Living Programs), and chapter 388-111 WAC (Residential Habilitation Centers), to the Adult Protective Services Program.

Carol Sloan
(360) 725-2345
Preproposal notice filed as WSR 15-01-181
Proposed rules filed as WSR 15-10-100
Hearing date: June 9, 2015

Chapter 388-101 WAC

The Resident Client Protection Program (RCPP) has been moved into Adult Protective Services and the rules will be administered under chapter 388-71 WAC and chapter 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-101 WAC. Residential Care Services is coordinating to eliminate these WAC sections at the same time that Home and Community Services is incorporating them into their WACs. The CR-102s for both divisions will be filed at the same time.

Christi Pederson
(360) 725-2327
Preproposal notice filed as WSR 15-01-177
Proposed rules filed as WSR 15-10-096
Hearing date: June 9, 2015

Chapter 388-111 WAC

Resident Client Protection Program (RCPP) has been moved into Adult Protective Services and the rules will be administered under chapter 388-71 WAC and chapter 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-111 WAC. Residential Care Services is coordinating to eliminate these WAC sections at the same time Home and Community Services is incorporating them into their WACs. The CR-102s for both divisions will be filed at the same time.

Christi Pederson
(360) 725-2327
Preproposal notice filed as WSR 15-01-176
Proposed rules filed as WSR 15-10-095
Hearing date: June 9, 2015

Chapter 388-78A WAC

The Resident Client Protection Program (RCPP) has been moved into Adult Protective Services and the rules will be administered under chapter 388-71 WAC and chapter 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-78A WAC. Residential Care Services is coordinating to eliminate these WAC sections at the same time that Home and Community Services is incorporating them into their WACs. The CR-102s for both divisions will be filed at the same time.

Christi Pederson
(360) 725-2327
Preproposal notice filed as WSR 15-01-179
Proposed rules filed as WSR 15-10-094
Hearing date: June 9, 2015

Chapter 388-107 WAC

Resident Client Protection Program (RCPP) has been moved into Adult Protective Services and the rules will be administered under chapter 388-71 WAC and chapter 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-107 WAC. Residential Care Services is coordinating to eliminate these WAC sections at the same time Home and Community Services is incorporating them into their WACs. The CR-102s for both divisions will be filed at the same time.

Christi Pederson
(360) 725-2327
Preproposal notice filed as WSR 15-01-175
Proposed rules filed as WSR 15-10-093
Hearing date: June 9, 2015

Chapter 388-76 WAC

Resident Client Protection Program (RCPP) has been moved into Adult Protective Services and the rules will be administered under chapter 388-71 WAC and chapter 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-76 WAC. Residential Care Services is coordinating to eliminate these WAC sections at the same time Home and Community Services is incorporating them into their WACs. The CR-102s for both divisions will be filed at the same time. Repealing the rules is beneficial to or supported by the regulated entities to prevent duplication of licensing rules. Also, the department needs to amend rules to comply with Center for Medicare and Medicaid Services new requirements for Home and Community Based Services regulations on chemical and physical restraints, psychopharmacologic medications, as well as the requirement for entrance doors to be locked by the resident with only appropriate staff having keys to doors.

Christi Pederson
(360) 725-2327
Preproposal notice filed as WSR 15-01-180
Proposed rules filed as WSR 15-10-092
Hearing date: June 9, 2015

Contact the DSHS Rules Coordinator to:

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DSHS Rules Coordinator
Rules and Policies Assistance Unit
PO Box 45850
Olympia, WA 98504
Phone: (360) 664-6097
TTY: (360) 664-6178
FAX: (360) 664-6185