WSR 09-03-029

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed January 12, 2009, 8:58 a.m. , effective February 12, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of the proposed rule is to clarify requirements and make grammatical correction.

Citation of Existing Rules Affected by this Order: Amending WAC 388-76-10000, 388-76-10230, 388-76-10235, 388-76-10330, 388-76-10355, 388-76-10650, 388-76-10720, 388-76-10725, 388-76-10775, 388-76-10840, 388-76-10845, 388-76-10870, 388-76-10930, and 388-76-10995.

Statutory Authority for Adoption: RCW 70.128.040.

Adopted under notice filed as WSR 08-21-036 on October 8, 2008.

Changes Other than Editing from Proposed to Adopted Version: For WAC 388-76-10930 Plan of correction -- Required, added subsection (3), "The adult family home must complete an attestation of correction for any inspection report as the department requires."

For WAC 388-76-10235 Guardianship, the following effective date language was added:

"Effective February 1, 2009, the adult family home ((may be)) must ensure that no provider, entity representative, resident manager, or staff becomes any resident's guardian.

(2) Provider, entity representative, resident manager or staff who is a resident's guardian before February 1, 2009 may continue to be that resident's guardian."

The changes were made because residential care services seeks consistency in rule-making language to the extent possible in all settings, nursing homes, boarding homes and adult family homes.

A final cost-benefit analysis is available by contacting Maureen Lally, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, e-mail lallyma@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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 14, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 14, Repealed 0.

Date Adopted: January 12, 2009.

Stan Marshburn

Interim Secretary

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 09-04 issue of the Register.

Washington State Code Reviser's Office