WSR 15-06-056

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 3, 2015, 12:05 p.m.]

Subject of Possible Rule Making: The department is considering adding new sections and amending the following sections in chapter 388-110 WAC, Contracted residential care services: WAC 388-110-020 Definitions, 388-110-140 Part II—Assisted living services (AL) facility physical requirements, 388-110-XXX Part III—Enhanced adult residential care (EARC) facility physical requirements and 388-110-XXX Part IV—Adult residential care services (ARC) facility physical requirements, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 74.39A 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 requirements set forth in the Centers for Medicare and Medicaid Services for Home and Community-Based Services (HCBS Final Rule 42 C.F.R.) that became effective March 17, 2014, related to building requirements.

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

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 K. Childress, Assisted Living Facilities 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 aging and long-term support administration 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.

March 3, 2015

Katherine I. Vasquez

Rules Coordinator