PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending and adding sections to these rules as a result of legislative activity during session and to be consistent with newly passed state law, ESSB 5708 Long-term care services.
The department added new WAC 388-78A-2032 and 388-78A-2035.
Citation of Existing Rules Affected by this Order: Amending WAC 388-78A-2020 and 388-78A-2030.
Statutory Authority for Adoption: Chapter 18.20 RCW.
Adopted under notice filed as WSR 12-01-113 on December 21, 2011.
Changes Other than Editing from Proposed to Adopted Version: Changes are shown with the new language underlined and deleted text lined through.
WAC 388-78A-2020 Definitions.
"Wellness program" means an educational program provided by the boarding home. It is a proactive and preventative approach to assist residents and nonresident individuals in achieving optimal levels of health, social, and emotional functioning. A wellness program does not include medical care or interventions.
WAC 388-78A-2030 Boarding home license required.
(1) A boarding home license is required to operate or maintain a boarding home as defined in chapter 18.20 RCW and this chapter.
(2) A boarding home license is required when any person other than a family member provides housing, one or more basic services, and one or more of the following:
(a) Assumes general responsibility for the safety and well-being of the residents except as provided in WAC 388-78A-2032;
(b) Provides domiciliary care which includes:
(i) Providing assistance with activities of daily living, either directly or indirectly as defined in this chapter and described in WAC 388-78A-2190;
(ii) Providing health support services, either directly or indirectly as defined in this chapter and described in WAC 388-78A-2200; or
(iii) Providing intermittent nursing services, either directly or indirectly as described in WAC 388-78A-2310.
(3) A boarding home license is required if the provision of items and services to a nonresident individual requires ongoing evaluation or assessment, ongoing care and service planning, ongoing intervention or ongoing monitoring of a nonresident individual's well-being as specified in this chapter.
(4) A boarding home may provide adult day services as defined in WAC 388-78A-2020 and as specified in WAC 388-78A-2360 to nonresident individuals, including independent living residents, on the boarding home premises.
NEW SECTION
WAC 388-78A-2032 Boarding home license not required.
(2) A boarding home license is not required for one or more of the following items and services that may, upon request of the nonresident individual, be provided to a nonresident individual:
(a) Emergency assistance provided on an intermittent or nonroutine basis;
(b) Systems including technology-based monitoring devices employed by independent senior housing, or independent living units in continuing care retirement communities, to respond to the potential need for emergency services;
(c) Scheduled and nonscheduled blood pressure checks;
(d) Nursing assessment services to determine whether referral to an outside health care provider is recommended;
(e) Making and reminding of health care appointments;
(f) Preadmission assessment, for the purposes of transitioning to a licensed care setting;
(g) Medication assistance which may include reminding or coaching the nonresident individual, opening the nonresident individuals's [individual's] medication container, using an enabler, and handing prefilled insulin syringes to the nonresident individual;
(h) Prefilling insulin syringes which must be performed by a nurse licensed under chapter 18.79 RCW;
(i) Assessment to determine cause of a fall;
(j) Nutrition management and education services;
(k) Dental services;
(l) Wellness programs as defined in WAC 388-78A-2020; or
(m) Services customarily provided under the landlord tenant agreements governed by the residential landlord-tenant act, chapter 59.18 RCW.
| SUMMARY OF COMMENTS RECEIVED | THE DEPARTMENT CONSIDERED ALL THE COMMENTS. THE ACTIONS TAKEN IN RESPONSE TO THE COMMENTS, OR THE REASONS NO ACTIONS WERE TAKEN, FOLLOW. |
| WAC 388-78A-2032 Requested the term "wellness program" be defined. | "Wellness program" definition is added to WAC 388-78A-2020, and referred to under WAC 388-78A-2032. |
| Requested clarification regarding the boarding home's ability to provide adult day services to nonresident individuals, including independent living residents, on the boarding home premises. | The department added language to clarify that, for the purposes of adult day services, nonresident individuals includes independent living residents in WAC 388-78A-2030. |
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 2, Repealed 0.
Date Adopted: March 20, 2012.
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 12-09 issue of the Register.