WSR 11-13-091

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services)

[ Filed June 20, 2011, 1:26 p.m. ]

Subject of Possible Rule Making: The department is considering amending or repealing the following sections and possibly adding new sections in chapter 388-76 WAC, Adult family home minimum licensing requirements: WAC 388-76-1000 Definitions, 388-76-10020 License -- Ability to provide care and services, 388-76-10025 License annual fee, 388-76-10035 License requirements -- Multiple family home providers, 388-76-10036 License requirements -- Multiple adult family home management, 388-76-10070 Application -- Fees required, 388-76-10073 Application -- Processing fees required, 388-76-10080 Application -- Coprovider, 388-76-10105 Application -- Change of ownership, 388-76-10106 Change of ownership -- Notice to department and residents, 388-76-10115 Granting or denying a license -- Generally, 388-76-10120 License -- Must be denied, 388-76-10125 License -- May be denied, 388-76-10130 Qualifications -- Provider, entity representative and resident manager, 388-76-10135 Qualifications -- Caregiver, 388-76-10146 Qualifications -- Training and home care aide certification, 388-76-10160 Background check -- General, 388-76-10162 Background checks -- National fingerprint checks -- Who is required to have, 388-76-10174 Background check -- Disclosure of information -- Sharing of background information by health care facilities, 388-76-10200 Adult family home -- Staff -- Availability -- Contact information, 388-76-10395 Emergency admissions, 388-76-10215 Resident funds -- Protection, liquidation or transfer, 388-76-10540 Resident rights -- Disclosure of fees, 388-76-10555 Resident rights -- Financial affairs, 388-76-10560 Resident rights -- Adult family home management of financial affairs, 388-76-10565 Resident rights -- Adult family home system for management of residential financial affairs, 388-76-10570 Resident rights -- Financial affairs related to resident death, 388-76-10685 Bedrooms, 388-76-10705 Common use area, 388-76-10750 Safety and maintenance, 388-76-10940 Remedies -- Generally, 388-76-10945 Remedies -- Serious risk -- Recurring violations -- Uncorrected violations, 388-76-10950 Remedies -- History and actions by individuals, 388-76-10975 Civil penalties, 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 department is amending these rules to comply with and be consistent with ESHB 1277, ESHB 1548, 2ESHB 1738 and SSB 5042.

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

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. 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 Mike Tornquist, Program Manager, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, e-mail tornqmj@dshs.wa.gov. Draft section language will be posted on the aging and disability services administration 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 17, 2011

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office