WSR 15-10-094
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed May 6, 2015, 8:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-01-179.
Title of Rule and Other Identifying Information: The department is repealing the following sections in chapter 388-78A WAC, Assisted living facility licensing rules: WAC 388-78A-3390 Resident protection programIndividual defined, 388-78A-3400 Investigation of reports, 388-78A-3410 Resident protection programNotice to the individual of preliminary finding, 388-78A-3420 Resident protection programNotice to others of preliminary findings, 388-78A-3430 Resident protection programDisputing a preliminary finding, 388-78A-3440 Hearing procedures to dispute preliminary finding, 388-78A-3450 Resident protection programFinalizing a preliminary finding, 388-78A-3460 Resident protection programAppeal of initial order, 388-78A-3470 Resident protection programReporting final findings, and 388-78A-3480 Resident protection programDisclosure of investigative and finding information.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on June 9, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than June 10, 2015.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., June 9, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by May 26, 2015, phone (360) 664-6092 or TTY (360) 664-6178, e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 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 References to the RCPP would thus be incorrect and will be repealed from chapter 388-78A WAC. Residential care services is coordinating to eliminate these WAC sections at the same time that home and community services is incorporating them into their WAC. The CR-102s for both divisions will be filed at the same time.
Reasons Supporting Proposal: Repealing the rules is beneficial to or supported by the regulated entities to prevent duplication of licensing rules.
Statutory Authority for Adoption: RCW 74.08.090.
Statute Being Implemented: RCW 74.08.090.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting: Christi Pederson, P.O. Box 45600, Olympia, WA 98513, (360) 725-2327; Implementation: Carl Walters, P.O. Box 45600, Olympia, WA 98513, (360) 725-2400; and Enforcement: Tim Hoekstra, P.O. Box 45600, Olympia, WA 98513, (360) 725-3238.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), a small business economic impact statement is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.
A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(iii), a cost-benefit analysis is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.
April 30, 2015
Katherine I. Vasquez
Rules Coordinator
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 388-78A-3390
Resident protection program—Individual defined.
WAC 388-78A-3400
Investigation of reports.
WAC 388-78A-3410
Resident protection program—Notice to the individual of preliminary finding.
WAC 388-78A-3420
Resident protection program—Notice to others of preliminary findings.
WAC 388-78A-3430
Resident protection program—Disputing a preliminary finding.
WAC 388-78A-3440
Hearing procedures to dispute preliminary finding.
WAC 388-78A-3450
Resident protection program—Finalizing a preliminary finding.
WAC 388-78A-3460
Resident protection program—Appeal of initial order.
WAC 388-78A-3470
Resident protection program—Reporting final findings.
WAC 388-78A-3480
Resident protection program—Disclosure of investigative and finding information.