WSR 07-15-024

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed July 12, 2007, 8:53 a.m. ]

     Subject of Possible Rule Making: The department is amending WAC 388-97-077 Nursing home resident protection program and other related sections; and amending other sections as necessary.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 74.34 RCW, Abuse of vulnerable adults; chapter 18.51 RCW, Nursing homes; and chapter 74.42 RCW, Nursing homes -- Resident care, operating standards; 42 C.F.R. 488.335, 42 C.F.R. 483.156.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is amending these rules:

To simplify and clarify existing due process for rights of individuals accused of abusing, neglecting, exploiting or financially exploiting vulnerable adults in nursing homes; and
To improve protection of vulnerable adults who reside in nursing homes from abuse, neglect, exploitation and financial exploitation through investigations and agency findings.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lisa Yanagida, Residential Care Services, Aging and Disability Services Administration, Department of Social and Health Services, P.O. Box 45600, Olympia, WA 98513, phone (360) 725-2589, fax (360) 438-7903, TTY 1-877-905-0454, e-mail yanagln2@dshs.wa.gov.

July 13 [12], 2007

Stephanie E. Schiller

Rules Coordinator

© Washington State Code Reviser's Office