WSR 13-15-174

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 24, 2013, 9:42 a.m.]

Subject of Possible Rule Making: The department is considering adding new sections and amending the following sections in chapter 388-78A WAC, Assisted living facilities: WAC 388-78A-2461 Background checks—General, 388-78A-2462 Background checks—Who is required to have, 388-78A-2464 Background checks—Process—Background authorization form, 388-78A-24641 Background checks—Washington state name and date of birth background check, 388-78A-24642 Background checks—National fingerprint background check, 388-78A-2465 Background check—Results—Inform, 388-78A-2466 Background checks—Washington state name and date of birth background check—Valid for two years—National fingerprint background check—Valid indefinitely, 388-78A-2467 Background check—Sharing by health care facilities, 388-78A-2468 Background checks—Employment—Conditional hire—Pending results of Washington state name and date of birth background check, 388-78A-24681 Background checks—Employment—Provisional hire—Pending results of national fingerprint background check, 388-78A-2469 Background check—Disclosure statement, 388-78A-2470 Background check—Employment-disqualifying information, 388-78A-24701 Background checks—Employment—Nondisqualifying information, 388-78A-2471, Background check—Confidentiality—Use restricted—Retention, 388-78A-3160 Authorized enforcement remedies, 388-78A-3170 Circumstances resulting in enforcement remedies, 388-78A-3180 Required enforcement remedies, 388-78A-3190 Denial, suspension, revocation, or nonrenewal of license statutorily required, 388-78A-3200 Progression of enforcement remedies, and other rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 18.20 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 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 Jeanette Childress, ALF Policy Program Manager, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, fax (360) 438-7903, e-mail childjk@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