WSR 12-16-110

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services)

[ Filed August 1, 2012, 10:15 a.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, 388-97-0040 Discrimination prohibited, 388-97-0640 Prevention of abuse, 388-97-1000 Resident assessment, 388-97-1160 Dietary personnel, 388-97-1620 General administration, 388-97-1640 Required notification and reporting, 388-97-1720 Clinical records, 388-97-2020 Intermediate care facilities for mentally retarded, 388-97-2180 ICF/MR exceptions to physical plan requirements, 388-97-3660 Offices in new construction, 388-97-4160 Initial nursing home license, 388-97-4220 Reasons for denial, suspension, modification, revocation or refusal to renew nursing home license, 388-97-4260 Management agreements, 388-97-4660 Temporary managers and receivership -- Application, and 388-97-4700 Duties and powers of temporary manager and receiver and other related sections.

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: SHB 2056 relating to assisted living facilities; SHB [SSB] 5708 relating to reshaping the delivery of long-term care services; 20 United States Code 1140 (Rosa's Law); 42 Code of Federal Regulations 483.20(d); and Social Security Act section 1128I(h), Affordable Care Act section 6113.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services, department of health, health care authority.

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 Scott Bird, Program Manager, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2581, fax (360) 438-7903, e-mail birdsa@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.

July 31, 2012

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office