WSR 11-13-093

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services)

[ Filed June 20, 2011, 1:32 p.m. ]

Subject of Possible Rule Making: The department is considering adding new sections and amending the following sections in chapter 388-97 WAC, Nursing homes: WAC 388-97-0001 Definitions, 388-97-0140 Transfer and discharge appeals for resident in medicare and medicaid certified facilities, 388-97-0600 Refusal of certain transfers, 388-97-0760 Hearing procedures to dispute preliminary finding, 388-97-0820 Appeal of administrative law judge's initial order or finding, 388-97-1640 Required notification and reporting, 388-97-4160 Initial nursing home license, 388-97-4180 Nursing home license renewal, 388-97-4280 Change of ownership, 388-97-4460 Remedies, and other related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 18.51 and 74.42 RCW.

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 federal regulations and newly passed state laws: SSB 5042 Vulnerable adults protection, ESHB 1277 Oversight of licensed or certified long-term care settings for vulnerable adults, and 2E2SHB 1738 Changing the designation of medicaid state agency.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services.

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 Lisa 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 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 20, 2011

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office