WSR 16-02-046
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed December 30, 2015, 3:36 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-01-175.
Title of Rule and Other Identifying Information: The department is repealing the following sections in chapter 388-107 WAC, Licensing requirements for enhanced services facilities: WAC 388-107-1450 Resident protection program definition, 388-107-1460 Investigation of mandated reports, 388-107-1470 Preliminary finding, 388-107-1480 Notice to individual of preliminary findings, 388-107-1490 Notice to others of preliminary findings, 388-107-1500 Disputing a preliminary finding, 388-107-1510 Hearing procedures to dispute preliminary finding, 388-107-1520 Finalizing the preliminary finding, 388-107-1530 Reporting final findings, 388-107-1540 Appeal of administrative law judge's initial order or finding, and 388-107-1550 Disclosure of investigative and finding information.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on February 9, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than February 10, 2016.
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., February 9, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by January 26, 2016, 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: 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 References to the RCPP would thus be incorrect and will be repealed from chapter 388-107 WAC. Residential care services is coordinating to eliminate these WAC sections at the same time home and community services is incorporating them into their WAC. Both divisions will file a permanent CR-103 with the same effective date.
Reasons Supporting Proposal: Repealing the rules is beneficial to or supported by the regulated entities to prevent duplication of licensing rules.
Statutory Authority for Adoption: Chapter 71A.12 RCW.
Statute Being Implemented: Chapter 71A.12 RCW.
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: Christi Pederson, P.O. Box 45600, Olympia, WA 98513, (360) 725-2327; Implementation: Candace Goehring, P.O. Box 45600, Olympia, WA 98513, (360) 725-2401; and Enforcement: Bett Schlemmer, P.O. Box 45600, Olympia, WA 98513, (360) 725-2404.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), a small business economic impact statement is not required for rules adopting or incorporating by reference, without material change, Washington state statutes or federal statutes or regulations.
A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(iii), a cost-benefit analysis is not required for rules adopting or incorporating by reference, without material change, Washington state statutes or federal statutes or regulations.
December 29, 2015
Katherine I. Vasquez
Rules Coordinator
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 388-107-1450
Resident protection program definition.
WAC 388-107-1460
Investigation of mandated reports.
WAC 388-107-1470
Preliminary finding.
WAC 388-107-1480
Notice to individual of preliminary findings.
WAC 388-107-1490
Notice to others of preliminary findings.
WAC 388-107-1500
Disputing a preliminary finding.
WAC 388-107-1510
Hearing procedures to dispute preliminary finding.
WAC 388-107-1520
Finalizing the preliminary finding.
WAC 388-107-1530
Reporting final findings.
WAC 388-107-1540
Appeal of administrative law judge's initial order or finding.
WAC 388-107-1550
Disclosure of investigative and finding information.