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Preproposal Statement of Inquiry (CR-101)

The table below contains the listing of DSHS' current Preproposal Statement of Inquiry (CR-101) rule filings. The WAC number links to the CR-101 form with the most recent filing on top. An e-mail link is provided for submitting comments to the contact person.

DSHS filing notices ("CR" forms) and related materials that appear on this website are facsimiles of official rule-making notices filed with the Office of the Code Reviser. Some information may be added by DSHS to rule-making notices appearing on this website. Such added information is intended for clarity only and does not alter the effect of the official notice.

Aging & Long-Term Support | Behavioral Health & Service Integration | Children's | Economic Services | Developmental Disabilities | Juvenile Justice & Rehabilitation | Financial Services | Services & Enterprise Support

Aging & Long-Term Support
Rule Title/Subject Contact Person Washington State Register Citations
Chapter 388- 106 WAC

The department is amending and adding new sections to chapter 388-106 WAC, the Volunteer Chore program, as it was
changed to Volunteer Services per Engrossed Substitute Senate Bill 6444. The intent in the name change was to broaden the
types of assistance available to eligible clients.
Angel Sulivan
(360) 725-2495
WSR 14-24-080
Chapter 388- 106 WAC

To clarify existing definitions related to eating, LTC services, and informal support; add new definitions related to MAGI eligibility group and Enhanced SErvices Facilities; adding MAGI non-institutional categorically needy group to the MPC eligibility list.
Angel Sulivan
(360) 725-2495
WSR 14-22-084
Chapter 388-71 and 106 WAC

In accordance with ESHB 2746, establish a 1915 (k) Community First Choice Option (CFCO) as specified in the federal rule. The DSHS Home and Community Services Division will develop a State Plan Amendment to provide this new State Plan option. These rules will define the scope and eligibility of the new 1915 (k) services.
Angel Sulivan
(360) 725-2495
WSR 14-20-116
Chapter 388-106 WAC

The department is adding rules to chapter 388-106 WAC, Long Term Care Services, to define the eligibility and other contract considerations for Enhanced Services Facilities (ESF).
Angel Sulivan
(360) 725-2495
WSR 14-16-109
Amending Chapter 388-106 WAC

The department is adding rules to Chapter 388-106 WAC, Long Term Care Services, for the implementation of the integrated managed care program called HealthPath Washington (HPW).
Angel Sulivan
(360) 725-2495
WSR 14-08-070
Amending WAC 388-96-809

The department is amending WAC 388-96-809 and other related sections as may be needed, to clarify timelines for securities to be given to the state.
Elizabeth Pashley
(360) 725-2447
WSR 14-08-042
Amending Chapter 388-112 WAC

The department is amending Chapter 388-112 WAC, Residential Long-term Care Services. The amendments and revisions to the rules throughout the chapter will be related to training and/or certification requirements for Long-Term Care workers.
Angel Sulivan
(360) 725-2495
WSR 14-06-078
Amending WAC 388-96-786

To update language regarding the adjustment of the Pay for Performance add-on. Other related sections as may be needed.
Elizabeth Pashley
(360) 725-2447
WSR 14-06-081
Amending WAC 388-96-718

The department is amending o add the option of contact by email in addition to letter. Other related sections as may be needed.
Elizabeth Pashley
(360) 725-2447
WSR 14-06-082
Amending WAC 388-096-381

The department is amending to provide consistency in the Administrative code concerning resident funds. Other related sections as may be needed.
Elizabeth Pashley
(360) 725-2447
WSR 14-06-083
Repealing sections in Chapter 106 WAC

The department is repealing WAC 388-106-0745 through 388-106-0765, specifically the WMIP section, as this Snohomish County program will be ending June 30, 2014.
Angel Sulivan
(360) 725-2495
WSR 14-06-086

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Behavioral Health & Service Integration Administration
Rule Title/Subject Contact Person Washington State Register Citations

WAC 388-865-0526

The department is amending WAC 388-865-0526 as a result of the Washington Supreme Court decision in In re the Detention of D.W., et.al., No. 90110-4. This section contains the department's rules for single bed certification which allows for the inpatient treatment of adults and children in facilities that are not certified as inpatient evaluation and treatment facilities.

Kathy Sayre
(360) 725-1342
WSR 14-22-016

New chapter in Title 388 WAC

The department is proposing new rules that update and clarify individual rights specific to Medicaid enrollees, and explain DBHR's complaint process and grievance system.

Kathy Sayre
(360) 725-1342
WSR 14-16-111

Various updates to Chapter 388-800 WAC

The Legislature did not appropriate any funds for the Alcohol and Drug Addiction Treatment and Support Act (ADATSA) in the new biennium budget. ADATSA-related medical care services recipients will be Medicaid eligible under the Affordable Care Act (ACA) starting January 1, 2014.

Kathy Sayre
(360) 725-1342
WSR 13-16-104

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Children's Administration
Rule Title/Subject Contact Person Washington State Register Citations
Chapter 388-61A WAC

Amendments are made to update the section on required training for staff and staff supervisors.
Susan Hannibal
(206) 923-4910
WSR 14-19-028
Chapter 388-15 and other related rules as appropriate

The CA needs to replace “twenty days” with “thirty days” to accurately reflect the new 30 day appeal deadline for CAPTA internal review requests. This change will better align with the federal requirements. WAC 388-15-069, CA needs to remove the language stated in 2.
Brenda Villarreal
(360) 902-7956
WSR 14-14-119
Chapters 388-145, 388-147, 388-148, 388-160 WAC and other related rules as appropriate

The intent of the revision project is to provide foster parents, child placing agencies and group care facilities with clearly defined chapters and easy-to-understand rules written in plain talk language.
Randy Roberts
(360) 902-7872
WSR 14-11-101

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Economic Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
WAC 388-450-0085

The Department is proposing to amend WAC 388-450-0085, “Does the department count all of my self-employment income to
determine if I am eligible for benefits?”, and any other related rules to implement a standard fifty (50) percent self-employment
income deduction for cash and food assistance programs.
Bob Thibodeau
(360) 725-4634
WSR 14-24-078
WAC 388-414-0001 and 388-468-0005

The department proposes to amend WAC 388-414-0001 to fully incorporate requirements under Title 7 of the Code of Federal Regulations (CFR) §273.2 (j) related to categorical eligibility (CE) for the federal Supplemental Nutrition Assistance Program (SNAP) and the requirement to verify residency if questionable at application and recertification for certain households. The department is also proposing to amend WAC 388-468-0005 to clarify that households that are considered Categorically Eligible based on the receipt of non-cash public assistance benefits (broad-based categorical eligibility) have the same state residency verification requirements as non-CE households and both household types can be out of state for more than one month and still be considered a resident.
Bob Thibodeau
(360) 725-4634
WSR 14-21-113
WAC 388-310-0300

The department is proposing to amend to implement a parenting education and home visiting services program targeted to WorkFirst households who are homeless or who have an infant.
Louisa Erickson
(360) 725-4559
WSR 14-20-107
WAC 388-478-0015

The department is proposing to amend WAC 388-478-0015 to revise the basic need standards for cash assistance. The department is required by RCW 74.04.770 to establish standards of need for cash assistance programs on an annual basis.
Jenny Grayum
(360) 725-4583
WSR 14-15-069
WAC 388-410-0025, 388-410-0033 and any related rules as needed

The proposed changes will clarify when claims may be corrected by Administrative Law Judges, indicate that the Secretary has designated the Office of Financial Recovery (OFR) as the organization that may dismiss claims based on hardship, and to incorporate the process OFR uses to evaluate hardship claims by reference.
Jenny Grayum
(360) 725-4583
WSR 14-14-120
WAC 388-420-0010, 388-408-0040 and any related rules as needed

The department is proposing to amend rules to update information concerning the division that licenses behavioral health agencies and certifies the services the agencies provide. References to the Division of Alcohol and Substance Abuse (DASA) should be removed.
Jenny Grayum
(360) 725-4583
WSR 14-14-118
Title 388 WAC

The department is proposing to create a new WAC section to provide a small energy assistance payment to certain Basic Food households who are not eligible for a Standard Utility Allowance income deduction.
Jenny Grayum
(360) 725-4583
WSR 14-10-086
WAC 388-450-0035

The department is proposing to amend “Educational Benefits” and other related rules to remove obsolete information that state-funded work study can be categorized under Title IV Higher Education (HEA) or Bureau of Indian Affairs (BIA) sources.
Jenny Grayum
(360) 725-4583
WSR 14-09-110
Title 388 WAC

The department plans to propose amendments to update all necessary sections in “Title 388 WAC” to implement annual adjustments to standards for WASHCAP and the Washington Basic Food Program.
Jenny Grayum
(360) 725-4583
WSR 14-09-111
WAC 388-436-0002

The department is proposing to amend rules to increase the amount of Additional Requirements for Emergent Needs (AREN) payments that can be issued from a $750.00 maximum lifetime limit to $750.00 maximum in a 12-month period.
Jenny Grayum
(360) 725-4583
WSR 14-09-112
WAC 388-449-0001, 0035, 0060, 0080

The department is proposing to amend WACs 388-449-0001, 388-449-0035, 388-449-0060, 388-449-0080, and any other related rules in order to implement the changes required by SB 6573, which passed the 2014 Legislature.
Jenny Grayum
(360) 725-4583
WSR 14-09-113
Chapter 388-310 WAC

The department is proposing to amend or add a new section to chapter 388-310 WAC, WorkFirst, to provide WorkFirst incentive payments to families who are participating in activities outlined in their Individual Responsibility Plan. Other related rules may also be amended as necessary.
Jenny Grayum
(360) 725-4583
WSR 14-09-115
Chapter 388-14A

The department is proposing new sections and/or amendments in Chapter 388-14A WAC, to clarify and revise the procedures used for the reimbursement for uninsured medical expenses when the DSHS Division of Child Support (DCS) is enforcing a support order with a medical support obligation.
Nancy Koptur
(360) 664-5065
WSR 14-09-116
WAC 388-450-0162

The department is proposing to amend WAC 388-450-0162 and any other income-related WAC necessary to allow a 50% unearned income disregard for non-parental child-only TANF cases. Current rule only allows a 50% earned income disregard, creating an inequity for non-parental caregivers relying on unearned income.
Jenny Grayum
(360) 725-4583
WSR 14-08-069
Amending and creating new rules under Title 388 WAC

The Changes proposed under this filing are intended to implement the Supplemental Nutrition Assistance Program (SNAP) provisions of Title IV of the Federal Agriculture Reform and Risk Management Act of 2014 (Farm Bill) (H.R. 2642; 113th Congress). Changes are expected to impact eligibility and benefits for the Washington Basic Food program and the state-funded Food Assistance Program (FAP) for legal immigrants. Under RCW 74.08A.120, rules for FAP shall follow exactly the rules of the federal food stamp program (SNAP) except for the provisions pertaining to immigrant status.
Jenny Grayum
(360) 725-4583
WSR 14-05-100
Amending WAC 388-444-0001

The department is amending WAC 388-444-0001 to fully incorporate requirements under Title 7 of the Code of Federal Regulations (CFR) §273.2 (j) related to categorical eligibility for the federal Supplemental Nutrition Assistance Program (SNAP). This department is proposing to amend the rule to clarify when households are considered Categorically Eligible based on the receipt of cash assistance benefits..
Jenny Grayum
(360) 725-4583
WSR 14-05-101
Amending WAC 388-492-0040, 388-492-0070

The department may propose rules related to the Washington Combined Application Project (WASHCAP) under “Chapter 388-492-WAC” in order to ensure that the project remains cost neutral with Supplemental Nutrition Assistance Benefits provided under the Washington Basic Food Program or Basic Food. Proposed revisions may include the sections listed above and any related rules.
Jenny Grayum
(360) 725-4583
WSR 14-06-052
Amending WAC 388-310-1600

The department is The Department is proposing to reduce the time period before closure of TANF/SFA due to non-participation in WorkFirst activities without good cause.
Jenny Grayum
(360) 725-4583
WSR 14-06-080
Amending WAC 388-444-0030

The department is amending WAC 388-444-0030 and other related rules to provide the annual update to Washington’s Supplemental Nutrition Assistance Program (SNAP) state plan concerning able-bodied adults without dependents (ABAWD) time-limits, work requirements, and possible waivers for certain geographic areas. The current ABAWD waiver is due to expire September 30, 2014. This rule filing is needed to reflect any new waivers in state code.
Jenny Grayum
(360) 725-4583
WSR 14-04-128
Changes to TANF Eligibility Requirements

The Community Services Division is proposing to require completion of a new orientation as a condition of eligibility for the Temporary Assistance for Needy Families (TANF) / State Family Assistance (SFA) programs.
Jenny Grayum
(360) 725-4583
WSR 14-03-117
Chapter 388-492; and other rules in Title 388 WAC

The Department is proposing to amend rules under chapter 388-492 WAC as well as other rules in Title 388 WAC related to eligibility and benefit level for food assistance under the Washington Combined Application Program (WASHCAP).
Jenny Grayum
(360) 725-4583
WSR 14-02-119

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Developmental Disabilties Administration
Rule Title/Subject Contact Person Washington State Register Citations
Chapter 388-823, 825 and 831 WAC

ESHB 2746 requires DSHS to refinance personal care services and establish a 1915(k) Community First Choice Option (CFCO) program per §1915(k) of the Social Security Act.
Alan McMullen
(360) 725-3524
WSR 14-22-083
Chapter 388-845 WAC

ESHB 2746 requires DSHS to refinance personal care services and establish a 1915(k) Community First Choice Option (CFCO) program per §1915(k) of the Social Security Act.
Alan McMullen
(360) 725-3524
WSR 14-22-082
New chapter in Title 388 WAC

The Department plans to create new rules related to the Community Crisis Stabilization Service (CCSS) program.
Alan McMullen
(360) 725-3524
WSR 14-21-127
New chapter in Title 388 WAC

Developmental Disabilities Administration is creating rules to comply with the requirements in RCW 74.39A related to training for residential service businesses.
Alan McMullen
(360) 725-3524
WSR 14-18-086
Amending Chapters 388-828, 388-832, 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. Other related changes as may be required
Alan McMullen
(360) 725-3524
WSR 14-12-093
Amending Chapter 388-827 WAC

The department is amending Chapter 388-827 WAC State Supplementary Payment Program. The amendments will provide additional information regarding client eligibility criteria, award amounts, update references to other rules that have changed and other necessary program details to provide more consumer accessible rules and to promote a more consistent statewide administration of the Department’s state supplementary payment program.
Alan McMullen
(360) 725-3524
WSR 14-04-129
Amending Chapter 388-823 WAC

Amendments to this chapter may change eligibility requirements for some individuals applying for services from the Developmental Disabilities Administration. Other changes will correct language that is inconsistent with RCW language. In addition, housekeeping changes will be made such as WAC and RCW references and Division of Developmental Disabilities to Developmental Disabilities Administration.
Alan McMullen
(360) 725-3524
WSR 13-22-078

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Juvenile Justice & Rehabilitation Administration
Rule Title/Subject Contact Person Washington State Register Citations
Chapter 388-891 WAC

The Division of Vocational Rehabilitation (DVR) plans to: amend, repeal and create sections to inform customers about the services DVR provides, and update customer rights, customer confidentiality and the conditions under which DVR provides or pays for services.
Phyllis Hansen
(360) 725-3666
WSR 14-18-085

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Financial Services Administration
Rule Title/Subject Contact Person Washington State Register Citations
Chapter 388-06 WAC

The department is revising and reorganizing this chapter and creating two new chapters to comply with RCW 43.43.832 (4) and to provide clarity for the affected individuals and organizations. Other sections of Chapter 388-06 WAC may be revised to ensure consistency with Department practices and other background check rule chapters.
Cindy LaRose-Eatwell
(360) 902-8072
WSR 14-13-065
Chapter 388-03 WAC

Since the creation of chapter 388-03 WAC in 2000, the services/business of the DSHS language testing and certification program and how the services are provided have changed. The name of the program has also changed to reflect what and how the services are provided. New demands from internal and external stakeholders are increasing. Additional rules and regulations are needed to implement agreements reached between the former Governor and WFSE/AFSCME. New processes and specific procedures need to be included in chapter 388-03 WAC to de-certify interpreting-related offenders and to strengthen and enforce interpreter qualification requirements.
Hungling Fu
(360) 664-6035
WSR 14-03-070

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Services and Enterprise Support Administration
Rule Title/Subject Contact Person Washington State Register Citations