WSR 13-15-173

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 24, 2013, 9:37 a.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 388-76-10120 License—Must be denied, 388-76-10125 License—May be denied, 388-76-10160 Background checks—General, 388-76-10161 Background checks—Who is required to have, 388-76-10163 Background checks—Process—Background authorization form, 388-76-101631 Background checks—Washington state name and date of birth background check, 388-76-101632 Background checks—National fingerprint background check, 388-76-10164 Background checks—Results, 388-76-10165 Background checks—Washington state name and date of birth background check—Valid for two years–National fingerprint background check—Valid indefinitely, 388-76-10166 Background checks—Household members, noncaregiving and unpaid staff—Unsupervised access, 388-76-10170 Background check—Confidentiality—Use restricted—Retention, 388-76-10174 Background check—Disclosure of information—Sharing of background information by health care facilities, 388-76-10175 Background checks—Employment—Conditional hire—Pending results of Washington state name and date of birth background check, 388-76-10176 Background checks—Employment—Provisional hire—Pending results of national fingerprint background check, 388-76-10180 Background checks—Employment—Disqualifying information, 388-76-10181 Background checks—Employment—Nondisqualifying information; and other rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 18.20 and 74.34 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is amending these rules to support the health and safety of residents living in long-term care settings, to consolidate various secretary's lists in the aging and long-term support administration (ALTSA) thus providing a uniform background check standard for all caregivers and to reduce the overall costs of processing background checks.

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 24, 2013

Katherine I. Vasquez

Rules Coordinator