WSR 03-21-123

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 20, 2003, 4:35 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-12-055.

Title of Rule: WAC 388-76-675 Adult family home minimum licensing requirements -- Reporting requirements.

Purpose: The purpose of amending this rule is to comply with the recently passed legislation ESHB 1904 (chapter 230, Laws of 2003) -- an act relating to the reporting of incidents by mandated reporters. The proposed rule also includes an editorial change to correct the DSHS administration name.

Statutory Authority for Adoption: RCW 74.34.165.

Statute Being Implemented: RCW 74.34.020 and 74.34.035, and chapter 230, Laws of 2003.

Summary: Amending this rule would make it consistent with the recently passed legislation ESHB 1904 (chapter 230, Laws of 2003) -- an act relating to the reporting of incidents by mandated reporters.

Reasons Supporting Proposal: ESHB 1904 (chapter 230, Laws of 2003) clarifies requirements for mandatory reporters.

Name of Agency Personnel Responsible for Drafting: Dahl Kim, Aging and Disability Services Administration, (360) 725-2348; Implementation and Enforcement: Joyce Stockwell, Aging and Disability Services Administration, (360) 725-2404.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: The proposed rule is being amended to refer back to the statute as to when providers are required to notify law enforcement.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), an SBEIS is not required for rules adopting or incorporating by reference without material change to Washington state statutes. The proposed rule incorporates by reference chapter 74.34 RCW without material change.

RCW 34.05.328 does not apply to this rule adoption. Under RCW 34.05.328 (5)(b)(iii), rules adopting or incorporating by reference without material change to Washington state statutes exempt from the requirements of RCW 34.05.328. The proposed rule incorporates by reference chapter 74.34 RCW without material change.

Also, the proposed rule updates the name of the DSHS Aging and Disability Services Administration without changing the effect of the rule, and is exempt under RCW 34.05.328 (5)(b)(iv).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 25, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 21, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., November 25, 2003.

Date of Intended Adoption: Not sooner than November 26, 2003.

October 3, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3317.2
AMENDATORY SECTION(Amending WSR 98-11-095, filed 5/20/98, effective 7/1/98)

WAC 388-76-675   Reporting requirements.   (1) The provider and all caregivers shall immediately notify the department's toll-free complaint telephone number of any incidents involving allegations of resident abuse, neglect, exploitation or abandonment in accordance with the provisions of chapter 74.34 RCW.

(2) The provider shall keep a log of injuries and accidents to residents.

(3) When there is a significant change in a resident's condition, or a serious injury, trauma, or death of a resident, the provider shall immediately notify:

(a) The resident's family, surrogate decision maker, physician and other appropriate professionals, and other persons identified in the negotiated care plan; and

(b) The case manager, if the resident is receiving services paid for fully or partially by the department.

(4) The adult family home shall immediately report to the department's aging and ((adult)) disability services administration:

(a) Any event, actual or potential, requiring the evacuation or relocation of all or part of the home's residents to another address;

(b) Circumstances which threaten the home's ability to ensure continuation of services to residents; and

(c) Instances when a resident is determined to be missing.

(5) The provider shall ((immediately)) notify local law enforcement ((anytime the provider has reason to believe that the resident has been the victim of a crime)) in accordance with the provisions of RCW 74.34.035.

(6) The provider shall notify the local public health officer and the department of any occurrence of food poisoning or communicable disease as required by the state board of health.

[Statutory Authority: RCW 70.128.040, chapters 70.128 and 70.129 RCW. 98-11-095, 388-76-675, filed 5/20/98, effective 7/1/98. Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), 388-76-675, filed 6/19/96, effective 7/20/96.]

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