February 6, 2024

Scheduled Hearing Dates: 
February 06, 2024 10:00am

Rule-Making Hearing Docket

Please note: The public hearing on February 6, 2024, will be held online for those interested in attending. Meeting details are as follows:

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Meeting ID: 217 289 623 041
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+1 564-999-2000,,389388453#   United States, Olympia

Phone Conference ID: 389 388 453#

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

WACs 388-412-0025, 388-450-0162, 388-450-0200, 388-450-0225, 388-473-0010, 388-473-0040, 388-473-0050, 388-473-0070, 388-473-0080 & 388-478-0050

The department is proposing to amend the following WAC sections: WAC 388-412-0025, “How do I receive my benefits?”, 388-450-0162, “How does the department count my income to determine if my assistance unit is eligible and how does the department calculate the amount of my cash and basic food benefits?”, 388-450-0200, “Will the medical expenses of elderly persons or individuals with disabilities in my assistance unit be used as an income deduction for basic food?”, 388-450-0225, “How are my assistance unit's benefits calculated for the first month I am eligible for cash assistance?”, 388-473-0010, “What are ongoing additional requirements and how do I qualify?”, 388-473-0040, “Assistance for service animals as an ongoing additional requirement.”, 388-473-0050, “Telephone and internet services as an ongoing additional requirement.”, 388-478-0050, “Payment standards for ongoing additional requirements.” Additionally, the department is proposing creation of the following WAC sections: WAC 388-473-0070, “Transportation as an ongoing additional requirement.” and 388-473-0080, “Medical related items or services as an ongoing additional requirement.” Effective April 1, 2024, these amendments expand potential eligibility of Ongoing Additional Requirements (OAR) to individuals with an incapacity (under WAC 388-400-0070). These amendments also increase payment standards for existing OAR benefits, and create new benefits to assist with things such as transportation and medical related items not covered by insurance. The Operating Budget includes funding to support this change.

Deanna Ballard (360) 338-2896

Roanne Harris
(360) 870-8059

Preproposal notice filed as WSR 23-20-093;
Proposed rules filed as WSR 24-02-046;
Hearing Date:  February 6, 2024

WACs 388-444-0030 & 388-444-0035

The department is proposing amendments to the following WAC sections: WAC 388-444-0030, “Are able-bodied adults without dependents (ABAWD) subject to additional work requirements and time limits to be eligible for basic food?” and 388-444-0035, “Who is exempt from ABAWD time limits and minimum work requirements?” These amendments are necessary to comply with federal regulatory changes under the Fiscal Responsibility Act of 2023, effective September 1, 2023. Related amendments are in effect as of September 1, 2023, under emergency rule filed as WSR 23-18-017 and WSR 24-01-133.

Angela Aikins

Roanne Harris
(360) 870-8059

Preproposal notice filed as WSR 23-18-018;
Proposed rules filed as WSR 24-02-045;
Hearing Date:  February 6, 2024

Chapter 388-97 WAC

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 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 related sections during the COVID-19 pandemic. 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.

Molly McClintock 360-742-6966

Preproposal notices filed as WSR 20-17-005, 20-17-133, 20-19-009, 20-21-034 and 21-11-061;

Proposed rule filed as WSR 23-06-063;

Supplemental proposed rule filed as WSR 24-01-015;        

Hearing Date: February 6, 2024

Contact the DSHS Rules Coordinator to:

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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
711 Relay Service