PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-07-189.
Title of Rule: Chapter 388-78A WAC, Boarding home licensing rules (entire chapter).
Purpose: The purpose of revising the boarding home licensing rules is to assure that chapter 388-78A WAC complies with chapter 18.20 RCW as amended by SSB 6225, SSB 6160 and SSB 5733 by the 2004 legislature, and to be responsive to the needs of department clients.
Other Identifying Information: The department is proposing to repeal all rules in chapter 388-78A WAC adopted under WSR 03-16-047 scheduled to take effect September 1, 2004, and replace them with the proposed rules contained in this notice.
Statutory Authority for Adoption: RCW 18.20.090, chapter 142, Laws of 2004.
Statute Being Implemented: Chapter 18.20 RCW, chapter 142, 144, and 140, Laws of 2004.
Summary: The proposed amendments:
| • | Repeal all existing sections in chapter 388-78A WAC adopted under WSR 03-16-047, and replace them with new sections. |
| • | Clarify and strengthen the assessment and care planning requirements for residents in boarding homes. |
| • | Outline the minimum level of support all boarding homes must provide to the residents. |
| • | Clarify and strengthen the nursing, medication and other health support services available to residents in boarding homes. |
| • | Identify when specialized training for developmental disabilities, mental illness, and dementia is required in boarding homes in accordance with chapter 18.20 RCW and chapter 388-112 WAC. |
| • | Improve the requirements for boarding home administrators. |
| • | Revise all sections to make the requirements easier to understand. |
Reasons Supporting Proposal: See Explanation of Rule below.
Name of Agency Personnel Responsible for Drafting: Denny McKee, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2590; Implementation and Enforcement: Patricia K. Lashway, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2401.
Name of Proponent: Department of Social and Health Services, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: DSHS intends to adopt proposed rules as permanent by July 30, 2004, and make them effective as of September 1, 2004.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 388-78A WAC contains the licensing standards for boarding homes. It is being revised in part to comply with directions provided by the 2004 legislature contained in SSB 6225, SSB 6160, and SSB 5733. The department is also revising the chapter to be responsive to the needs of department clients. The anticipated effects of this rule are that residents will receive more appropriate and individualized care and services in a boarding home.
Proposal Changes the Following Existing Rules: The entire licensing chapter 388-78A WAC has been revised to make it consistent with recent legislation and to be responsive to the needs of department clients. The proposed changes include:
| • | Repealing all sections in chapter 388-78A WAC adopted under WSR 03-16-047, and replacing them with new sections. |
| • | Specifying when a boarding home license is and is not required. |
| • | Specifying the characteristics of persons that boarding homes may accept and retain in the boarding home. |
| • | Specifying the content and timing of preadmission resident assessments and full reassessments. |
| • | Specifying who is qualified to complete the preadmission assessment. |
| • | Specifying the process of developing negotiated service agreements for residents, including the timing and content of these agreements. |
| • | Specifying the requirements for implementing negotiated service agreements and monitoring residents' well-being. |
| • | Specifying the required services a boarding home must provide. |
| • | Identifying the optional domiciliary care services a boarding home may provide, and the minimum level of assistance with activities of daily living a boarding home must provide if it chooses to provide assistance with activities of daily living. |
| • | Specifying the requirements for medication assistance and medication administration, and storing and accounting for medications. |
| • | Specifying the requirements for families providing medication assistance to residents. |
| • | Specifying the requirements for food services and therapeutic diets. |
| • | Specifying the requirements associated with providing nursing services. |
| • | Specifying the requirements concerning resident-arranged services with providers external to the boarding home. |
| • | Specifying the requirements for coordinating services with providers external to the boarding home. |
| • | Specifying the requirements for providing adult day care and dementia care, and the requirements for operating a unit with restricted egress. |
| • | Specifying the requirements associated with documenting resident care, and maintaining records regarding residents' care. |
| • | Specifying the requirements for hiring and training sufficient staff for the boarding home, including requirements for criminal history background checks and testing for tuberculosis. |
| • | Specifying the training requirements for staff. |
| • | Specifying the qualifications and training requirements for boarding home administrators. |
| • | Specifying the administrative requirements of operating a boarding home, including use of management agreements, development of policies and procedures, infection control practices, and reporting requirements. |
| • | Specifying resident rights in boarding homes. |
| • | Specifying requirements for disaster preparedness and disclosing available services. |
| • | Specifying the requirements for obtaining a boarding home license and the procedures for application. |
| • | Specifying the licensee's responsibilities in a boarding home. |
| • | Specifying the requirements for the building to be used as a boarding home. |
| • | Specifying the rights and responsibilities of the boarding home during the inspection process. |
| • | Specifying the enforcement actions the department may take in response to a boarding home's noncompliance with rules, and the boarding home's appeal rights. |
A small business economic impact statement has been prepared under chapter 19.85 RCW.
A copy of the statement may be obtained by writing to Denny McKee, Residential Care Services, ADSA, P.O. Box 45600, Olympia, WA 98504-5600, or by e-mailing mckeedd@dshs.wa.gov, phone (360) 725-2590, fax (360) 438-7903.
RCW 34.05.328 applies to this rule adoption. A preliminary cost-benefit analysis has been prepared regarding this proposed rule. A copy of the preliminary cost-benefit analysis may be obtained by contacting Denny McKee, Residential Care Services, ADSA, P.O. Box 45600, Olympia, WA 98504-5600, or by e-mailing mckeedd@dshs.wa.gov, phone (360) 725-2590, fax (360) 438-7903.
Hearing Location: Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on July 6, 2004, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by July 1, 2004, 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., July 6, 2004.
Date of Intended Adoption: No later than July 30, 2004.
May 19, 2004
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-12 issue of the Register.