WSR 15-01-179

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 23, 2014, 3:00 p.m.]

Subject of Possible Rule Making: The department is considering amending and repealing the following sections in chapter 388-78A WAC, Assisted living facility licensing rules: WAC 388-78A-3390 Resident protection program—Individual defined, 388-78A-3400 Investigation of reports, 388-78A-3410 Resident protection program—Notice to the individual of preliminary findings, 388-78A-3430 Resident protection program—Disputing a preliminary finding, 388-78A-3440 Hearing procedures to dispute preliminary finding, 388-78A-3450 Resident protection program—Finalizing a preliminary finding, 388-78A-3460 Resident protection program—Appeal of initial order, 388-78A-3470 Resident protection program—Reporting final findings, 388-78A-3480 Resident protection program—Disclosure of investigative and finding information, and other rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Resident client protection program (RCPP) has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-78A WAC. Residential care services is coordinating to eliminate these WACs at the same time home and community services is going to incorporate them into their WACs. The CR-101s for both divisions will be filed at the same time. Repealing the rules is beneficial to or supported by the regulated entities to prevent duplication of licensing rules.

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, P.O. Box 45600, Olympia, WA 98513, phone (360) 725-2591, fax (360) 438-7903, e-mail Jeanette.Childress@dshs.wa.gov. Draft section language will be posted on aging and long-term support administration professional internet web page at http://www.altsa.dshs.wa.gov/professional/afh.htm 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.

December 22, 2014

Katherine I. Vasquez

Rules Coordinator