Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-19-012.

     Title of Rule and Other Identifying Information: WAC 246-843-010 General definitions and 246-843-205 Standards of conduct for nursing home administrators. Amending the rules to clarify that standards for nursing home administrators do not change even when a licensed nursing facility converts some of its beds to assisted living beds.

     Hearing Location(s): Department of Health, Point Plaza East, Room 153, 310 Israel Road S.E., Tumwater, WA 98501, on May 4, 2012, at 11:00 a.m.

     Date of Intended Adoption: May 4, 2012.

     Submit Written Comments to: Kendra Pitzler, P.O. Box 47864, Olympia, WA 98504-7864, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by April 27, 2012.

     Assistance for Persons with Disabilities: Contact Kendra Pitzler by April 20, 2012, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Legislation (ESSB 5708) passed in 2011 requires the board to adopt rules defining an on-site full-time administrator in nursing homes with small resident populations when the nursing home has converted some of its licensed nursing facility bed capacity for use as assisted living or enhanced assisted living services under chapter 74.39A RCW. The proposed rule allows a nursing home administrator to also be the administrator of the assisted living facility when one facility has both types of beds. The proposal add[s] this type of facility to the current definition.

     Reasons Supporting Proposal: The proposed rule is required by ESSB 5708. The proposed rule ensures that a nursing home administrator who is the administrator of a nursing home that has both nursing home and assisted living beds understands the amount of time he or she is required to spend in the nursing home administrator role.

     Statutory Authority for Adoption: ESSB 5708, RCW 18.52.030.

     Statute Being Implemented: RCW 18.52.030.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Board of nursing home administrators, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kendra Pitzler, 310 Israel Road SE, Tumwater, WA 98501, (360) 236-4723.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business impact statement was not prepared. The proposed rule would not impose more than minor costs on businesses in an industry.

     A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. The proposed rule does not qualify as a significant legislative rule because it does not adopt substantive provisions of the law. The amendments simply provide clarification and do not change the existing standards.

March 5, 2012

Blake T. Maresh

Executive Director

OTS-4534.1

AMENDATORY SECTION(Amending WSR 00-01-071, filed 12/13/99, effective 1/13/00)

WAC 246-843-010   General definitions.   Terms used in these rules have the following meanings:

     (1) "On-site, full-time administrator" is an individual in active administrative charge of one nursing home facility or collocated facilities, as licensed under chapter 18.51 RCW, a minimum of four days and an average of forty hours per week. ((Exception:)) An "on-site, full-time administrator" in nursing homes with small resident populations, ((or)) in rural areas, or in nursing homes with small resident populations when the nursing home has converted some of its licensed nursing facility bed capacity for use as assisted living or enhanced assisted living services under chapter 74.39A RCW is an individual in active administrative charge of one nursing home facility, or collocated facilities, as licensed under chapter 18.51 RCW:

     (a) A minimum of four days and an average of twenty hours per week at facilities with one to thirty nursing home beds; or

     (b) A minimum of four days and an average of thirty hours per week at facilities with thirty-one to forty-nine nursing home beds.

     (2) "Active administrative charge" is direct participation in the operating concerns of a nursing home. Operating concerns include, but are not limited to, interaction with staff and residents, liaison with the community, liaison with regulatory agencies, pertinent business and financial responsibilities, planning and other activities as identified in the most current job analysis published by the National Association of Boards of Examiners for Long-Term Care Administrators.

     (3) "Person" means an individual and does not include the terms firm, corporation, institutions, public bodies, joint stock associations, and other such entities.

     (4) "Nursing home administrator-in-training" means an individual in an administrator-in-training program approved by the board.

     (5) "Secretary" means the secretary of the department of health or the secretary's designee.

     (6) "Collocated facilities" means more than one licensed nursing facility situated on a contiguous or adjacent property, whether or not there are intersecting streets. Other criteria to qualify as a collocated facility would be determined by the nursing home licensing agency under chapter 18.51 RCW.

     (7) "Recognized institution of higher learning" means an accredited degree granting institution in the United States or outside the United States that is listed in the directory of accredited institutions of postsecondary education published by the American Council on Education.

[Statutory Authority: Chapters 18.52 and 34.05 RCW. 00-01-071, § 246-843-010, filed 12/13/99, effective 1/13/00. Statutory Authority: RCW 18.52.061. 95-07-128, § 246-843-010, filed 3/22/95, effective 4/22/95; 93-13-004 (Order 371B), § 246-843-010, filed 6/3/93, effective 7/4/93. Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), § 246-843-010, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B), recodified as § 246-843-010, filed 3/1/91, effective 4/1/91. Statutory Authority: RCW 18.52.100(14). 87-02-008 (Order PM 633), § 308-54-020, filed 12/29/86; Order PL 107, § 308-54-020, filed 3/3/71.]

[Statutory Authority: Chapters 18.52 and 34.05 RCW. 00-01-067, § 246-843-205, filed 12/13/99, effective 1/13/00. Statutory Authority: RCW 18.52.061. 95-07-128, § 246-843-205, filed 3/22/95, effective 4/22/95; 93-13-004 (Order 371B), § 246-843-205, filed 6/3/93, effective 7/4/93. Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), § 246-843-205, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B), recodified as § 246-843-205, filed 3/1/91, effective 4/1/91; Order PL 164, § 308-54-205, filed 3/27/74.]

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