PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Purpose: Amending chapter 388-110 WAC, Contracted residential care services, to incorporate into administrative rules the dementia care pilot project standards for contracting with boarding homes to provide specialized dementia care to department clients:
| • | Make revisions necessary to be consistent with, and not duplicate, amendments to chapter 388-78A WAC, Boarding home licensing rules; and |
| • | Review and update the rules under Executive Order 97-02. |
Citation of Existing Rules Affected by this Order: Repealing WAC 388-110-060 Resident rights, 388-110-080 Social
and recreational activities, 388-110-170 Education and
training requirements, 388-110-180 Nurse delegation training
and registration, 388-110-190 Performance of delegated nursing
care tasks and 388-110-200 Nurse delegation -- Penalties; and
amending WAC 388-110-005 Authority, 388-110-010 Scope and
applicability, 388-110-020 Definitions, 388-110-030 Contract
application, 388-110-040 Contract qualifications, 388-110-050
Change of contractor, 388-110-070 General service standards,
388-110-090 Administration, 388-110-100 ((Transfer and))
Discharge, social leave, and bed hold, 388-110-120 Resident
personal funds, 388-110-140 Assisted living services facility
structural requirements, 388-110-150 Assisted living service
standards, 388-110-220 Enhanced adult residential care service
standards, 388-110-240 Adult residential care service
standards, 388-110-260 Remedies, 388-110-270 Notice, hearing
rights, effective dates relating to imposition of remedies,
and 388-110-280 Dispute resolution.
Statutory Authority for Adoption: RCW 74.39A.010, 74.39A.020, 74.39A.060, and 74.39A.070.
Other Authority: Chapter 74.39A RCW.
Adopted under notice filed as WSR 04-13-021 on June 7, 2004.
Changes Other than Editing from Proposed to Adopted Version: The following changes have been made to the proposed rule based upon suggestions and comments received, as well as technical and editing changes noted during the process.
WAC 388-110-020 Definitions, the definition of "personal care services" has been revised to clarify that "instrumental activities of daily living" are not included in the definition.
WAC 388-110-040 Contract qualifications, subsection (2)(b) added to clarify, "...and each care facility that was required by law to be licensed but was not,..."
WAC 388-110-050 Change of contractor, subsection (2) added to clarify, "...and residents' representatives..."
WAC 388-110-140 Assisted living services facility structural requirements, subsection (1) has been revised to clarify the definition of "type 'B' dwelling unit" defined by the International Code Council has been adopted into rule by the Washington State Building Code Council.
WAC 388-110-220 Enhanced adult residential care service standards, subsection (3)(a) deleted "re-assessment" and replaced with "assessment."
A final cost-benefit analysis is available by contacting Denny McKee, Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-5290, fax (360) 438-7903, e-mail McKeeDD@dshs.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 13, Repealed 6.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 17, Repealed 6.
Date Adopted: July 30, 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 04-17 issue of the Register.