WSR 14-05-075

PROPOSED RULES

[Filed February 18, 2014, 10:44 a.m.]

Preproposal statement of inquiry was filed as WSR 13-15-173.

Title of Rule and Other Identifying Information: The department is adding new sections and amending the following sections in chapter 388-76 WAC, Adult family homes: WAC 388-76-10000 Definitions, 388-76-10120 License—Must be denied, 388-76-10125 License—May be denied, 388-76-10130 Qualifications—Provider, entity representative and resident manager, 388-76-10135 Qualifications—Caregiver, 388-76-10145 Qualifications—Licensed nurse as provider, entity representative or resident manager, 388-76-10150 Assessor, 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, 388-76-10166 Background checks—Household members, noncaregiving and unpaid staff—Unsupervised access, 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, 388-76-10180 Background checks—Employment—Disqualifying information, 388-76-10181 Background checks—Employment—Nondisqualifying information, and 388-76-10955 Remedies—Department must impose remedies.

Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, 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), on April 22, 2014, at 10:00 a.m.

Date of Intended Adoption: Not earlier than April 23, 2014.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on April 22, 2014.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 1, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending these rules to support the health and safety of residents living in residential setting, to consolidate various secretary's lists in 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.

In chapter 388-76 WAC, the disqualifying criminal convictions have been moved to a new WAC chapter, with pending charges added. This requires the amending of the adult family homes rules to remove the disqualifying crimes from each applicable section, amend the language to support the reference to the new WAC chapter, and to clarify amendments to the negative actions.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.39A.056, chapters 18.20 and 74.34 RCW.

Statute Being Implemented: RCW 74.39A.056, chapters 18.20 and 74.34 RCW.

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

Name of Agency Personnel Responsible for Drafting: Jeanette K. Childress, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2591; Implementation and Enforcement: Lori Melchiori, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2404.

See Reviser's note below.

A copy of the statement may be obtained by contacting Jeanette Childress, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, e-mail Jeanette.childress@dshs.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jeanette Childress, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, e-mail Jeanette.childress@dshs.wa.gov.

February 12, 2014

Katherine I. Vasquez

Rules Coordinator