May 23, 2023

Chapter 388-829Z WAC

Chapter 388-829Z WAC, Emergency Transitional Support Services. DDA is proposing new rules to regulate the emergency transitional support services provided at Rainier, a Washington state residential habilitation center. Emergency transitional support services were created in direct response to the COVID-19 public health emergency. With the declared state of emergency over, these rules are intended to inform clients about the service they are receiving and the future of that service.

Preproposal filed as WSR 22-23-032
Proposed rules filed as WSR 23-09-041
Hearing Date:  May 23, 2023

WAC 388-829-0087

WAC 388-829-0087, What continuing education credit is granted to direct support professionals employed during the pandemic and when must continuing education be completed? DDA is amending WAC 388-829-0087 to extend due dates for continuing education credits required under chapter 388-829 WAC. Direct service providers hired during the COVID-19 public health emergency (PHE) were required to complete 12 hours of continuing education annually. As a result of the PHE, the number of training programs available to provide department-approved continuing education significantly diminished. Changing rules, standards, and a sudden shift to electronic training resulted in both a delay in available training and an increased demand. Providers have reported that there are still a significant number of workers who need to complete continuing education hours that were due while PHE-related training waivers were in place. This is affecting their ability to meet requirements for current renewal cycles because hours must be applied to the older renewal cycles first. Without an extension, direct service providers could end up out of compliance, which could limit client access to qualified providers.

Preproposal filed as WSR 23-06-054
Proposed rules filed as WSR 23-09-040
Hearing Date:  May 23, 2023

WAC 388-478-0015

The department is proposing amendments to WAC 388-478-0015, Need standards for cash assistance. Proposed amendments will update standards of need for cash assistance programs as required annually by RCW 74.04.770. The amendments utilize the University of Washington Center for Women’s Welfare Self-Sufficiency Standard.

Preproposal notice filed as WSR 23-06-040
Proposed rules filed as WSR 23-09-039
Hearing Date:  May 23, 2023

WACs 388-106-1900 & 388-106-1915

The Department of Social and Health Services (department) is proposing to amend WAC 388-106-1900, What definitions apply to Medicaid Alternative Care (MAC) and Tailored Support for Older Adults (TSOA) services? and 388-106-1915, What services may I receive in MAC and TSOA? The department is not proceeding with amendments to other sections listed on the CR 101 preproposal at this time. The department determined they did not need to be amended for this proposal. The proposed rules clarify definitions and amend services provided to MAC and TSOA recipients. The department is amending chapter 388-106 WAC to update definition language, add additional services that are included in the 1115 Medicaid Transformation Waiver Renewal, and clarifying eligibility and updating language.

Preproposal notice filed as WSR 22-24-108; 
Proposed rule filed as WSR 23-09-026;        
Hearing Date: May 23, 2023

WACs 388-106-0010 & 388-106-0130

The department is planning to amend WAC 388-106-0010 “What definitions apply to this chapter?” and 388-106-0130 “How does the department determine the number of hours I may receive for in-home care?” The purpose of the proposal is to amend rules that are a result of the department’s efforts to modernize the Comprehensive Assessment and Reporting Evaluation (CARE) assessment tool. Most of the changes in this proposal were intended to be a part of WSR 20-23-124 and went through most of the rule-making review process but had to be pulled in order to prioritize other rule-making priorities. There have been no changes that affect how the department determines eligibility or benefit level using the CARE tool. In addition, in WAC 388-106-0010, “Turning and repositioning program”, “Passive range of motion,” “Active range of motion,” and “Bowel program” definitions are being added. A couple of definitions that are no longer relevant are being removed. Section (6)(c) is being removed because it is being added to 388-106-0010, “Informal support” (3) definition in this rule-making effort. Also, updates to terminology were made due to CARE Modernization.