WSR 09-15-156

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed July 21, 2009, 12:02 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 388-76-10000 Definitions, 388-76-10015 License -- Required, 388-76-10020 License -- Ability to provide care and services, 388-76-10030 License capacity, 388-76-10050 License -- Relinquishment, 388-76-10055 Application -- Generally, 388-76-10080 Application -- Coprovider, 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, 388-76-10225 Reporting requirement, 388-76-10265 Tuberculosis -- Testing -- Required, 388-76-10270 Tuberculosis -- Testing method -- Required, 388-76-10340 Preliminary service plan, 388-76-10420 Meals and snacks, 388-76-10455 Medication -- Administration, 388-76-10490 Medication disposal -- Written policy -- Required, 388-76-10520 Resident rights -- General notice, 388-76-10530 Resident rights -- Notice of services, 388-76-10540 Resident rights -- Disclosure of fees and notice requirements -- Deposits, 388-76-10655 Physical restraints, 388-76-10673 Abuse and neglect reporting -- Mandated reporting to department -- Required, 388-76-10685 Bedrooms, 388-76-10750 Safety and maintenance, 388-76-10820 Resident evacuation capabilities and location of resident bedrooms, 388-76-10840 Emergency food supply, 388-76-10845 Emergency drinking water 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, 388-10990 Informal dispute resolution (IDR), 388-76-10995 Notice, hearing rights, and effective dates relating to imposition of remedies, 388-76-11005 Resident protection program sections through WAC 388-76-11040, 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.

The department is considering repealing WAC 388-76-10190 Adult family home -- Compliance with regulations -- Required.

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 them 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.

July 21, 2009

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office