Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-16-110.

     Title of Rule and Other Identifying Information: WAC 388-97-0001 Definitions, 388-97-0040 Discrimination prohibited, 388-97-1000 Resident assessment, 388-97-1620 General administration, 388-97-1640 Required notification and reporting, 388-97-2020 Intermediate care facilities for mentally retarded, and 388-97-2180 ICF/MR exceptions to physical plan requirements.

     Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington Street S.E., Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on January 8, 2013, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than January 9, 2013.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on January 8, 2013.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 11, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending these rules to 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) as added by section 6113 of the Affordable Care Act section 6113.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: Chapters 18.51 and 74.42 RCW.

     Statute Being Implemented: Chapters 18.51 and 74.42 RCW.

     Rule is necessary because of federal law, [no information supplied by agency].

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Scott Bird, P.O. Box 45600, Olympia, WA 98513, (360) 725-2581; Implementation and Enforcement: Lori Melchiori, P.O. Box 45600, Olympia, WA 98513, (360) 725-2404.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), a small business economic impact statement is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.

     A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b), a cost-benefit analysis is not required for rules adopting or incorporating, by reference without material change, Washington state statures [statutes] or federal statues [statutes] or regulations.

November 13, 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 12-24 issue of the Register.