WSR 15-18-050
(Aging and Long-Term Support Administration)
[Filed August 27, 2015, 9:39 a.m.]
Supplemental Notice to WSR 15-10-100.
Preproposal statement of inquiry was filed as WSR 15-01-181.
Title of Rule and Other Identifying Information: The department is amending and adding new sections to chapter 388-71 WAC, Home and community services and programs, specifically adult protective services.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on October 27, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than October 28, 2015.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5:00 p.m., October 27, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by October 13, 2015, TTY (360) 664-6178 or (360) 664-6092 or by e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is adding new sections to chapter 388-71 WAC to transfer and amend the rules for residential client protection program found in chapter 388-76 WAC (adult family home), chapter 388-78A WAC (assisted living), chapter 388-97 WAC (nursing home), chapter 388-101 WAC (supportive living programs), and chapter 388-111 WAC (residential habilitation centers), to the adult protective services program.
The department is editing the original amendments to chapter 388-71 WAC to incorporate comments received after the hearing on June 9, 2015. New edits are:
WAC 388-71-0210: The proposed language stated that APS "may" notify the alleged perpetrator …. The discretionary "may" is changed to "will."
WAC 388-71-01247: A reference to 40 C.F.R. 488-335 is struck as its inclusion was an error.
WAC 388-71-01247: The language is amended to mitigate scope of authority concerns.
Reasons Supporting Proposal: Read the purpose statement above.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Statute Being Implemented: RCW 74.08.090, 74.09.520.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Carol Sloan, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2345.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
August 24, 2015
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 15-19 issue of the Register.