WSR 15-20-113
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed October 6, 2015, 2:53 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-12-084.
Title of Rule and Other Identifying Information: The department is amending WAC 388-101-3000, 388-101-4190, 388-101-4200 and 388-101-4240; repealing WAC 388-101-4210, 388-101-4220 and 388-101-4230; and creating WAC 388-101-3202, 388-101-3259, 388-101-4175, 388-101-4180, 388-101-4185, 388-101-4205, 388-101-4515, 388-101-4525, and 388-101-4535.
Hearing Location(s): Office Building 2, 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 November 24, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than November 25, 2015.
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 5:00 p.m., November 24, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by November 11, 2015, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to chapter 388-101 WAC are needed to align with new or changed legislation to include:
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HB 1307 outlines enforcement changes in regards to CCRSS providers.
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Initiative 1163 modifies the law governing background checks, training, and home care aide certification for long-term care and must be implemented in this program by January 1, 2016. This created changes in the definition section of this WAC and long-term care worker requirements (WAC 388-101-3259) and background checks (WAC 388-101-3202).
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SB 5600 modified certain definitions concerning vulnerable adults, including the definitions of abuse and sexual abuse and also amended RCW 74.35.020 and 74.34.205. These changes are reflected in the definition section of this WAC.
Reasons Supporting Proposal: Repealing the rules is beneficial to or supported by the regulated entities to prevent duplication of certification rules and supports the health and safety of residents in long-term care settings.
Statutory Authority for Adoption: Chapter 71A.12 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Comments and recommendations were received from the board of appeals regarding statutory language. These recommended changes will be incorporated into these proposed rules once all comments are received through the public hearing process.
Name of Proponent: Department of social and health services, Penelope Rarick, policy program manager, ALTSA/RCS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Penelope Rarick, Olympia, (360) 725-3210.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not impact small business or small nonprofits.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules do not meet the definition of "significant legislative rule" under RCW 34.05.328 (5)(c).
September 30, 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 15-21 issue of the Register.