WSR 09-14-066

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 29, 2009, 2:27 p.m. ]

Subject of Possible Rule Making: The department is considering amending sections of chapter 388-76 WAC Adult family home minimum licensing requirements. The department is considering amending WAC 388-76-10020 License -- Ability to provide care and services, 388-76-10030 License capacity, 388-76-10050 License -- Relinquishment, 388-76-10115 Granting or denying a license -- Generally, 388-76-10120 License -- Must be denied, 388-76-10125 License -- May be denied, 388-76-10180 Employment -- Certain criminal history -- Prohibited, 388-76-10195 Adult family home -- Staff -- Generally, 388-76-10205 Medicaid or state funded residents, 388-76-10210 Resident relocation due to closure, 388-76-10520 Resident rights -- General notice, 388-76-10530 Resident rights -- Notice of services, 388-76-10750 Safety and maintenance, 388-76-10820 Resident evacuation capabilities and location of resident bedrooms, 388-76-10840 Emergency food supply, 388-76-10870 Resident evacuation capability levels -- Identification required, 388-76-10880 Emergency evacuation adult family home floor plan, 388-76-10920 Inspection and investigation reports -- Provided by department, 388-76-10955 Remedies -- Department must impose remedies, 388-76-10960 Remedies -- Department may impose remedies, 388-76-10995 Notice, hearing rights, and effective dates relating to imposition of remedies, 388-76-11000 Resident protection program -- Investigation of reports, and other related rules as appropriate.

The department is considering new sections on notice, liability insurance, management agreements, department authority, and other related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of amending these rules is to consider making editorial and clarifying changes, and to make it consistent with current laws and standards.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Negotiated rule making; and DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Maureen Lally, Program Manager, DSHS, Residential Care Services, Aging and Disability Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, TTY (877) 905-0454, e-mail Lallyma@dshs.wa.gov. Draft section language will be posted on ADSA professional internet web page for review and comment prior to filing the CR-102. Anyone from the public can comment directly to the program manager listed above via phone, e-mail or fax.

June 29, 2009

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office