WSR 10-19-103

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed September 20, 2010, 11:13 a.m. ]

Subject of Possible Rule Making: The department is considering creating a new chapter called "intermediate care facilities for persons with mental retardation (ICF/MR) reporting, investigation and findings" under TITLE 388 WAC, Department of social and health services. The subject of the rule making will be due process rights for individuals working in ICF/MR state residential habilitation centers alleged to have abused, neglected, financially exploited, and/or abandoned a resident.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 74.34 RCW, RCW 74.34.068, 74.08.090, and 71A.12.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Vulnerable adult abuse reporting requirements and due process rights are codified in chapters 388-78A and 388-97 WAC, and chapter 74.34 RCW for individuals working in ICF/MR that are licensed boarding homes or nursing homes.

All staff working in ICF/MR, including state residential habilitation centers (RHCs) are subject to the requirements in chapter 74.34 RCW.

These rules will formalize the due process rights and abuse reporting requirements for individuals working in state RHCs that are also ICF/MR.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) and the Washington state patrol (WSP). CMS and WSP will have the opportunity to review and comment on these WACs before they are finalized.

Process for Developing New Rule: 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 Lisa N.H. Yanagida, Program Manager, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2589, fax (360) 438-7903, e-mail yanagln2@dshs.wa.gov. Draft WAC chapter language will be posted on the 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. Interested parties and stakeholders can participate by accessing and commenting on the draft proposed rule language at http://www.adsa.dshs.wa.gov/professional/icfmr.htm through e-mail, fax or direct contact with the program manager.

September 10, 2010

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office