WSR 13-15-110

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 22, 2013, 12:01 p.m.]

Subject of Possible Rule Making: The department is considering adding new sections and amending the following sections in chapter 388-76 WAC, Adult family homes: WAC 388-76-10000 Definitions, 388-76-10037 License requirements—Multiple adult family homes—Additional homes, 388-76-10125 License—May be denied, 388-76-10130 Qualifications—Provider, entity representative and resident manager, 388-76-10146 Qualifications—Training and home care aide certification, 388-76-10174 Background check—Disclosure of information—Sharing of background information by health care facilities, 388-76-10315 Resident record—Required, 388-76-10525 Resident rights—Description, 388-76-10535 Resident rights—Notice of change to services, 388-76-10595 Resident rights—Advocacy access and visitation rights, 388-76-10615 Resident rights—Transfer and discharge, 388-76-10925 Disclosure of inspection and complaint investigation reports, 388-76-10935 Washington protection and advocacy—Long-term care ombudsman—Official duties—Penalty for interference, 388-76-10960 Remedies—Department may impose remedies, 388-76-10975 Remedies—Specific—Civil penalties, 388-76-10980 Remedies—Specific—Stop placement—Admissions prohibited, and other related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.128 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 newly passed state laws: SHB 1629 Home care aides—Credentialing and continuing education; EHB 1677 Adult family homes—Multiple facility operators; SHB 1686 K-12 schools—High school equivalency certificates; SSB 5077 Statutes—Gender-neutral terms; SB 5510 Vulnerable adults—Abuse; and SSB 5630 Vulnerable adults—Adult family homes. In addition, the department is amending rules to comply with SHB 2056 Assisted living facilities, passed (chapter 10, Laws of 2012) in the 2012 legislative session, which changed the terminology "boarding home" to "assisted living facility."

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state department of health.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. 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 Sandy Robertson, Adult Family Home Policy Program Manager, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, e-mail robersk@dshs.wa.gov. Draft section language will be posted on ALTSA 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 17, 2013

Katherine I. Vasquez

Rules Coordinator