WSR 07-21-140

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 24, 2007, 9:24 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-15-025.

Title of Rule and Other Identifying Information: The department is amending chapter 388-78A WAC, Boarding homes, to add new sections regarding the resident protection program and amend several existing sections in the chapter to be consistent with the new sections on the resident protection program.

Hearing Location(s): Blake Office Park East, First Floor, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on December 11, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than December 12, 2007.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRULESCOORDINATOR@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on December 11, 2007.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by December 4, 2007, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule making adds sections to chapter 388-78A WAC regarding due process rights for persons alleged to have abandoned, abused, neglected, exploited or financially exploited boarding home residents/resident protection program. The proposal adds information about investigations, notification, hearings and appeals. Relevant definitions are clarified and additional relevant terms will be defined in WAC 388-78A-2020 Definitions. The department is amending WAC 388-78A-2600 Policies and procedures, to clarify that boarding homes need to train their staff about abandonment and financial exploitation of residents, and amending WAC 388-78A-2470 Criminal history background checks, to make language consistent with new resident protection program sections.

Reasons Supporting Proposal: Persons alleged to have abandoned, abused, neglected, exploited or financially exploited boarding home residents are entitled to due process. The proposed changes provide individuals, boarding home providers, the department and others with clear guidance regarding due process rights of individuals alleged to have abandoned, abused, neglected, exploited or financially exploited residents.

Statutory Authority for Adoption: RCW 18.20.090.

Statute Being Implemented: Chapters 18.20 and 74.34 RCW.

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: Todd Henry, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, (360) 725-2580; Implementation and Enforcement: Pat Jennings, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, (360) 725-2404.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department determined there were no more than "minor costs" as defined in changes made in RCW 19.85.030 in 2007. A copy of the statement may be obtained by contacting Todd Henry, P.O. Box 45600, Mailstop 45600, Olympia, WA 98513, phone (360) 725-2580, fax (360) 438-7903, e-mail henryte@dshs.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Todd Henry, P.O. Box 45600, Mailstop 45600, Olympia, WA 98513, phone (360) 725-2580, fax (360) 438-7903, e-mail henryte@dshs.wa.gov.

October 19, 2007

Stephanie E. Schiller

Rules Coordinator

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 07-22 issue of the Register.

Washington State Code Reviser's Office