General Notices

INTERPRETIVE STATEMENT ISSUED The department of revenue has issued the following excise tax advisory (ETA): ETA 3196.2023 B&O Deduction for Affiliated Qualified Employers of Record . This ETA clarifies when a person is a qualified employer of record eligible for a business and occupation tax deduction from gross income for employee costs when the person is providing paymaster services. The ETA has been updated to provide information on the types of documentation that can be used to substantiate

Document Title: Public Comment Notice for Proposed Developmental Disabilities Administration (DDA) HCBS Waiver Amendments and Waiver Renewal to be effective September 1, 2024. Subject: Basic plus, core, community protection (CP), children's intensive in-home behavioral support (CIIBS) waiver amendments and individual and family services (IFS) home and community-based waiver renewal are available for 30 days of public comment from October 2 through November 2, 2023. Effective Date: September 20,

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0046 Outpatient Hospital Supplemental Payments (Safety Net Program). Effective Date: January 1, 2024. Description: The health care authority (HCA) intends to submit SPA 23-0046 to update outpatient hospital supplemental payment amounts for the new safety net program. Prospective payment system hospitals' total supplemental payment pool will be reduced to $24,800,000. SPA 23-0046 will also change "state fiscal year" to "calendar year

Notice of Public Employees Benefits Board (PEBB) Program Administrative Policy Statements The following is a list of administrative policies published by the PEBB program. These policies are effective January 1, 2024. You can download the complete policy statements on the PEBB program rules and policies page at hca.wa.gov/pebb-rules . The following policies were amended to support the PEBB program: Policy 11-1: Providing a notice to an employee and a state agency. This policy clarifies the requi

Notice of School Employees Benefits Board (SEBB) Program Administrative Policy Statements The following is a list of administrative policies published by the SEBB program. These policies are effective January 1, 2024. You can download the complete policy statements on the SEBB program rules and policies page at hca.wa.gov/sebb-rules . The following policies were amended to support the SEBB program: Policy 19-1: Termination due to loss of eligibility or enrollment error. This policy applies whene

Pursuant to RCW 42.56.580 , the public records officer for the Department of Archaeology and Historic Preservation is Jamie Dudman, 1110 South Capitol Way, Suite 30, Olympia, WA 98501, phone 360-515-8416, fax 360-586-3067, email jamie.dudman@dahp.wa.gov . Jamie Dudman Records Manager

The Washington state liquor and cannabis board is withdrawing its Policy Statement PS-21-01 regarding conformed tetrahydrocannabinol (THC) isomers that was filed as WSR 21-10-045 on April 28, 2021. The policy statement is no longer necessary, because E2SSB 5367 addresses the regulation of THC other than delta-9 THC, and the conversion of hemp-derived cannabidiol to THC isomers and other potentially intoxicating or psychoactive cannabinoids including, but not limited to, delta-8 THC. The legislat

Pursuant to RCW 34.05.312 , the rules coordinator for the Energy Facility Site Evaluation Council is Ali Smith, 621 Woodland Square Loop, Lacey, WA 98503, phone 360-664-1345, email ali.smith@efsec.wa.gov . Ali Smith Management Analyst 3

MEMORANDUM Pursuant to RCW 34.05.230 , the department of labor and industries' (L&I) insurance services division and the fraud prevention and labor standards division issued the following policy statements. If you have any questions or need additional information, please contact Maggie Leland, rules coordinator, at Maggie.Leland@Lni.wa.gov , or 360-902-4504. Policy: Insurance Services Policy 61.25. Title: Coverage for Consumer Directed Employer Program . Effective Date: September 1, 2023. Descri

MEMORANDUM Pursuant to RCW 34.05.230 , the department of labor and industries' fraud prevention and labor standards division issued the following policy statement. If you have any questions or need additional information, please contact Maggie Leland, rules coordinator, at Maggie.Leland@Lni.wa.gov , or 360-902-4504. Policy: Employment Standards Policy ES.A.12.2. Title: Tip, Gratuity, and Service Charge Examples . Effective Date: August 9, 2023. Description: The policy was created in order to pro

NOTICE Title or Subject: Supplemental Notice for Ground Emergency Medical Transportation (GEMT) Medicaid State Plan Amendment (SPA) 23-0009. Effective Date: July 1, 2023. Description: The health care authority (HCA) previously filed notice under WSR 23-06-014 of the intent to submit SPA 23-0009 to: • Amend the definition of "dry run" to differentiate between treatment without transport and responses where there is no patient at the scene. • Amend the definition of "treat and refer" to clearly id

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0049 July 2023 Fee Schedule Updates. Effective Date: October 1, 2023. Description: The health care authority (HCA) intends to submit SPA 23-0049 to update the fee schedule effective dates for several medicaid programs and services. This is a regular, budget-neutral update to keep rates and billing codes in alignment with the coding and coverage changes from the Centers for Medicare and Medicaid Services, the state, and other sources

INTERPRETIVE STATEMENT ISSUED The department of revenue has issued the following excise tax advisory (ETA): ETA 3239.2023 Estate Tax Deduction for Qualified Family-Owned Business Interests: Real Estate Activities . This ETA addresses a deduction from the Washington taxable estate for the value of the decedent's qualified family-owned business interests. This ETA focuses on certain real estate business interests. A copy of this document is available via the internet at Excise Tax Advisories. Atif

NOTICE OF ADOPTION OF A POLICY STATEMENT Title of Policy Statement: Virtual Supervision for Psychology Internships and Preinternships during and following the COVID-19 Declared Emergency. Policy Number: EBOP-20-02.2. Issuing Entity: Examining board of psychology (board). Subject Matter: Clarifying the board's position on using virtual supervision to fulfill requirements for face-to-face individual supervision for internships and preinternships. The board has extended this policy statement until

NOTICE OF ADOPTION OF AN INTERPRETIVE STATEMENT Title of Interpretive Statement: Use of Telepsychology to Fulfill Experience Requirements during and following the COVID-19 Declared Emergency. Policy Number: EBOP-20-01.2. Issuing Entity: Examining Board of Psychology (board). Subject Matter: Clarifying the board's position on using telepsychology to fulfill experience requirements for practica, internships, and preinternships. The board has extended this interpretive statement until the conclusio

The Washington state board of nursing (board), formally known as the nursing care quality assurance commission, is filing a notice of hearing per the direction of the joint administrative rules review committee (JARRC) pursuant to RCW 34.05.630 (3) regarding practical and registered nursing in chapter 246-840 WAC. On July 5, 2023, JARRC found by majority vote that by requiring a "graduate degree" to be a masters or doctoral degree and adopting exemptions to WAC 246-840-340 and 246-840-342 by age

Notice of Interpretive and Policy Statement s Under chapter 42.56 RCW, the department of ecology (ecology) maintains an index that includes interpretive and policy statements issued by ecology. Under RCW 34.05.230 , we are filing notice in the Washington State Register about these statements. To obtain copies of these items, please copy and paste the web address (URL) from the table below into a web browser to view and download; or submit an email records request to ecology's public records offi

Notice of Interpretive or Policy Statement In accordance with RCW 34.05.230 (12), following is a list of policy and interpretive statements issued by the department of social and health services (DSHS). Economic Services Administration Division of Child Support (DCS) Document Title: DCS Administrative Policy 6.03: Privacy of Information Exchanged through the DCS Public Internet Site - OBSOLETE. Subject: Privacy of information exchanged through the public internet site. Effective Date: August 2,

PUBLIC NOTICE Announcing the Draft Phase I, Western and Eastern Phase II Municipal Stormwater General Permits and Fact Sheet for Review and Comment The Washington state department of ecology (ecology) proposes to reissue the Phase I, Western and Eastern Phase II Municipal Stormwater National Pollutant Discharge Elimination System and State Waste Discharge General Permits (permits). The current permits were last issued in August 2019 and are scheduled to expire at the end of July 2024 . The revis

NOTICE OF APPEAL RCW 34.05.330 (3) Pursuant to RCW 34.05.330 (3), you are hereby notified for publication in the Washington State Register that: On July 18, 2023, the Governor's Office received an appeal from Brad Thomsen, relating to the State of Washington Fish and Wildlife Commission's denial of a petition to "Begin Rule Making for Spring Black Bear Hunts that would use Recreational Licensed Hunters and/or Licensed Master Hunters when needed to address certain management objectives, such as t

PUBLIC NOTICE Announcing the Reissuance of the Irrigation System Aquatic Weed Control General Permit The Washington state department of ecology (ecology) is reissuing the Irrigation System Aquatic Weed Control National Pollutant Discharge Elimination System (NPDES) and state waste discharge general permit (permit) on August 23, 2023. The permit becomes effective on October 2, 2023, and expires on August 22, 2028. Purpose of the Permit: The permit addresses various legal requirements and responsi

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0048 Asset Verification System. Effective Date: August 1, 2023. Description: The health care authority (HCA) intends to submit SPA 23-0048 to comply with federal requirements in Section 1940 (42 C.F.R. 1396w) of the Social Security Act by contracting with a vendor who specializes in automated financial institution verification for medicaid agencies to verify financial resources of medicaid applicants/recipients. SPA 23-0048 is expec

The health technology clinical committee reached a final coverage decision for the following technology at their July 21, 2023 meeting: Stereotactic body radiation therapy Decision No: 20230623A All documents related to this evidence assessment, including final coverage decision, are available on the health technology assessment program website www.hca.wa.gov/about-hca/programs-and-initiatives/health-technology-assessment . For further information, contact Val Hamann, Program Specialist, Health

Pursuant to RCW 34.05.630 (3), the department of labor and industries (L&I) will hold a hearing to take comments on the joint administrative rules review committee (JARRC) findings regarding L&I's use of a policy in lieu of a rule for administering RCW 51.32.090 (3). JARRC found that by requiring an injured worker to be working in order to receive loss of earning power benefits, L&I is using the equivalent of a policy in place of a rule. L&I will take comments, oral and written, and report back

Prevailing Rate of Wage Publication Pursuant to RCW 39.12.015 and 39.12.020 , and WAC 296-127-011, on August 1, 2023, the industrial statistician will determine and publish on the internet the statewide prevailing rates of wage. These rates become effective 30 days from publication on August 31, 2023. For more information on prevailing wage or a copy of the rates, please visit our website at https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ or call 360-902-533 5.

Pursuant to RCW 34.05.230 , the following policy statement was issued by the department of labor and industries (L&I) fraud prevention and labor standards division. If you have any questions or need additional information, please contact Maggie Leland, rules coordinator, at Maggie.Leland@Lni.wa.gov , or 360-902-4504. Title: Policy ES.C.12 - Military Family Leave Act . Date Created: July 24, 2023. Description: The new administrative policy provides guidance on the Military Family Leave Act (chapt

Pursuant to RCW 42.56.580 , the public records officer for the Office of the Superintendent of Public Instruction is Roslyn Covais, 600 Washington Street S.E., Olympia, WA 98504, phone 360-725-6372, fax 360-753-4201, email roslyn.covais@k12.wa.us . Matt Schultz Chief Legal and Civil Rights Officer

NOTICE OF APPEAL RCW 34.05.330 (3) Pursuant to RCW 34.05.330 (3), you are hereby notified for publication in the Washington State Register that: On July 18, 2023, the Governor's Office received an appeal from Brad Thomsen, relating to the State of Washington Fish and Wildlife Commission's denial of a petition to "Begin Rule Making for Spring Black Bear Hunts that would use Recreational Licensed Hunters and/or Licensed Master Hunters when needed to address certain management objectives, such as t

Pursuant to RCW 34.05.312 , the rules coordinator for the Energy Facility Site Evaluation Council is Ali Smith, 621 Woodland Square Loop, Lacey, WA 98503, phone 360-664-1345, email ali.smith@efsec.wa.gov . Ali Smith Management Analyst 3

Notice of Interpretive or Policy Statement In accordance with RCW 34.05.230 (12), following is a list of policy and interpretive statements issued by the department of social and health services. Economic Services Administration Division of Child Support (DCS) Document Title: Policy Clarification Memo (PCM) 23-006. Subject: Changes to how DCS handles lump sum reporting. Effective Date: July 14, 2023. Document Description: The policy explains employers are required to report lump sum payments to

NOTICE OF ADOPTION OF INTERPRETIVE STATEMENT Title of Interpretive Statement: Opioid Prescribing and Monitoring for Allopathic Physicians and Physician Assistants, INS2023-03. Issuing Entity: Washington medical commission. Subject Matter: Opioid prescribing for allopathic physicians and physician assistants reaffirming the importance of clinical judgment and standard of care. Effective Date: March 3, 2023. Contact Person: Michael Farrell, JD, Policy Development Manager, 16201 East Indiana Avenue

NOTICE OF ADOPTION OF INTERPRETIVE STATEMENT Title of Interpretive Statement: Opioid Prescribing and Monitoring for Patients, INS2023-04. Issuing Entity: Washington medical commission. Subject Matter: Opioid prescribing for patients reaffirming the importance of the treating practitioner's clinical judgment and standard of care. Effective Date: March 3, 2023. Contact Person: Michael Farrell, JD, Policy Development Manager, 16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99203, 509-329-

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0048 Asset Verification System. Effective Date: July 1, 2023. Description: The health care authority (HCA) intends to submit SPA 23-0048 to comply with federal requirements in Section 1940 (42 C.F.R. 1396w) of the Social Security Act by contracting with a vendor who specializes in automated financial institution verification for medicaid agencies to verify financial resources of medicaid applicants/recipients. SPA 23-0048 is expecte

Pursuant to RCW 34.05.312 , the rules coordinator for the Washington State Liquor and Cannabis Board is Cassidy West, 1025 Union Avenue S.E., Olympia, WA 98504-3080, phone 360-878-4235, fax 360-664-9689, email cassidy.west@lcb.wa.gov . David Postman Chair

Notice of Interpretive or Policy Statement In accordance with RCW 34.05.230 (12), following is a list of policy and interpretive statements issued by the department of social and health services. Economic Services Administration Division of Child Support (DCS) Document Title: PCM 23-005: Children in DCYF Out-of-Home Placements. Subject: PCM 23-005. Effective Date: July 14, 2023. Document Description: This DCS policy clarification memo explains how staff work cases when a child is in a department

Effective July 17, 2023, pursuant to RCW 42.56.580 , the public records officer for the Department of Retirement Systems is Jessica Madeley. Public records requests should be sent to Jessica Madeley, P.O. Box 48380, Olympia, WA 98504-8380, Jessica.madeley@drs.wa.gov , www.drs.wa.gov . Jessica Madeley Public Records Officer Litigation Manager

Pursuant to RCW 42.56.580 , the public records officer for the Office of the Corrections Ombuds is Heather Bates, P.O. Box 40009, Olympia, WA 98504, phone 360-664-4749, public records requests website https://oco.wa.gov/about-us/public-records-requests , email Heather.Bates@gov.wa.gov . Caitlin T. Robertson, PhD Director

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0047 Technical Correction to Add Dental Health Aide Therapists (DHAT). Effective Date: July 23, 2017. Description: The health care authority (HCA) intends to submit SPA 23-0047 as a technical correction to add coverage of and reimbursement for DHAT. In accordance with SB 5079, signed into law on February 22, 2017, HCA submitted SPA 17-0027 on August 22, 2017, to add DHAT coverage; the Centers for Medicare and Medicaid Services (CMS)

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0041 July 2023 Fee Schedule Updates. Effective Date: July 11, 2023. Description: The health care authority (HCA) intends to submit SPA 23-0041 to update the fee schedule effective dates for several medicaid programs and services. This is a regular, budget-neutral update to keep rates and billing codes in alignment with the coding and coverage changes from the Centers for Medicare and Medicaid Services, the state, and other sources.

2023 QUARTERLY REPORT ON RULE-MAKING ACTIVITIES Petitions Received The following information is being filed in order to implement RCW 1.08.112 (1)(g) and WAC 1-21-180. The Washington state department of agriculture received two petitions for rule making during the second quarter of 2023. Date Requestor Subject 1ST QUARTER (JANUARY THROUGH MARCH) None 2ND QUARTER (APRIL THROUGH JUNE) 4/3/2023 Patricia Dunn Adding Impatiens capensis to the quarantine list in chapter 16-752 WAC. 4/27/2023 Kristi Pa

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0021 July 2023 Fee Schedule Updates. Effective Date: July 7, 2023. Description: The health care authority (HCA) intends to submit SPA 23-0041 to update the fee schedule effective dates for several medicaid programs and services. This is a regular, budget-neutral update to keep rates and billing codes in alignment with the coding and coverage changes from the Centers for Medicare and Medicaid Services, the state, and other sources. T

NOTICE Subject: Medicaid State Plan Amendment (SPA) 23-0045 Personal Needs Allowance. Effective Date: July 6, 2023. Description: The health care authority (HCA) and the aging and long-term support administration of the department of social and health services (DSHS) intend to submit SPA 23-0045 to increase the personal needs allowance (PNA) to comply with HB 1128 approved in the recent legislative session. The PNA for individuals increases to $100 and to $200 for couples. SPA 23-0045 is expected

Reviser's note: The following material has not been adopted under the Administrative Procedure Act, chapter 34.05 RCW, but has been filed in the office of the code reviser and is published in the Register exactly as filed. Following is chapter 381-90 WAC for filing. The indeterminate sentence review board is exercising its exemption to the Administrative Procedure Act under RCW 34.05.030 and is requesting the code revisor's office publish the revisions to this chapter as shown below. Corey McNal

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0044 Update Cross-Reference for ICF/IID Compliance. Effective Date: July 1, 2023. Description: The health care authority (HCA) intends to submit SPA 23-0044 to update the cross-reference to Attachment 4.35-B on Numbered Page 79c to Attachment 4.35-H, to correctly identify the section of the medicaid state plan that describes enforcement of compliance for intermediate care facilities for individuals with intellectual disabilities (IC

DETERMINATION OF TYPES OF SIGNIFICANT AGENCY ACTIONS (SAAs) Pursuant to RCW 70A.02.060 , the Puget Sound partnership (partnership) and covered agencies will conduct environmental justice assessments for significant agency actions (SAAs) identified in RCW 70A.02.010 (12)(a) through (e): • Adopting or developing significant legislative rules as defined in RCW 34.05.328 . • Adopting or developing new grant or loan programs initiated after July 1, 2023. • Designing or awarding capital projects, gran

Notification of Significant Agency Action Types The Healthy Environment for All Act, passed in 2021, requires agencies to perform environmental justice assessments for specific covered activities, termed "significant agency action" (SAA). SAA is statutorily defined in RCW 70A.02.010 (12): (a) Significant legislative rules: The development and adoption of significant legislative rules as defined in RCW 34.05.328 . (b) New grant and loan programs: The development and adoption of any new grant or l

NOTICE Subject: Medicaid State Plan Amendment (SPA) 23-0043 Adult Family Home, Adult Day Respite, Nurse Delegation, Enhanced Service Facility, Assisted Living Facility, Home Care Agency Provider, Consumer Directed Employer Rates (Home and Community Services). Effective Date: July 1, 2023. Description: The health care authority (HCA) and the aging and long-term support administration (ALTSA) of the department of social and health services (DSHS) intend to submit SPA 23-0043 in order to increase d