WSR 15-01-180

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 23, 2014, 3:02 p.m.]

Subject of Possible Rule Making: The department is considering amending and repealing the following sections in chapter 388-76 WAC, Adult family home minimum licensing requirements: WAC 388-76-11000 Resident protection program—Investigation of reports, 388-76-11004 Resident protection program—Individual defined, 388-76-11005 Resident protection program—Notice to individual of preliminary finding, 388-76-11010 Resident protection program—Notice to others of preliminary finding, 388-76-11015 Resident protection program—Disputing a preliminary finding, 388-76-11020 Resident protection program—Hearing procedures to dispute preliminary finding, 388-76-11025 Resident protection program—Finalizing a preliminary finding, 388-76-11030 Resident protection program—Appeal of the initial order or finding, 388-76-11035 Resident protection program—Reporting final findings, 388-76-11040 Resident protection program—Disclosure of investigative and finding information, 388-76-10685 Bedrooms, 388-76-10655 Physical restraints, 388-76-10660 Chemical restraints, and other rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.128 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Resident client protection program (RCPP) has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-76 WAC. Residential care services is coordinating to eliminate these WAC sections at the same time home and community services is incorporating them into their WACs. The CR-101s for both divisions will be filed at the same time. Repealing the rules is beneficial to or supported by the regulated entities to prevent duplication of licensing rules.

Also, the department needs to amend rules to comply with Center for Medicare and Medicaid Services new requirements for home and community-based services regulations on chemical and physical restraints, psychopharmacologic medications, as well as the requirement for entrance doors to be locked by the resident with only appropriate staff having keys to doors.

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 Amy Abbott, Adult Family Home Policy Program Manager, P.O. Box 45600, Olympia, WA 98513, phone (360) 725-3204, fax (360) 438-7903, e-mail beckeame@dshs.wa.gov. Draft section language will be posted on aging and long-term support administration professional internet web page at http://www.altsa.dshs.wa.gov/professional/afh.htm for review and comment prior to filing the CR-102. Anyone from the public can comment directly to the program manager listed above via phone, e-mail, or fax.

December 22, 2014

Katherine I. Vasquez

Rules Coordinator