WSR 17-22-037

PERMANENT RULES

[Filed October 24, 2017, 11:29 a.m., effective November 24, 2017]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending chapter 388-96 WAC in order to implement the nursing facility methodology changes from SHB 1274 found in chapter 2, Laws of 2015 2nd sp. sess., and SHB 2678, chapter 131, Laws of 2016 regular session. This permanent rule filing cancels and supersedes the emergency filed as WSR 17-22-012 on October 19, 2017.

Citation of Rules Affected by this Order: New WAC 388-96-915, 388-96-916 and 388-96-917; and repealing WAC 388-96-534, 388-96-540, 388-96-552, 388-96-553, 388-96-558, 388-96-559, 388-96-561, 388-96-562, 388-96-564, 388-96-565, 388-96-572, 388-96-574, 388-96-708, 388-96-709, 388-96-744, 388-96-746, 388-96-747, 388-96-748, 388-96-762, 388-96-767, 388-96-776, 388-96-783, 388-96-784 and 388-96-786; and amending WAC 388-96-010, 388-96-022, 388-96-107, 388-96-122, 388-96-205, 388-96-208, 388-96-211, 388-96-218, 388-96-502, 388-96-505, 388-96-525, 388-96-542, 388-96-554, 388-96-556, 388-96-560, 388-96-580, 388-96-585, 388-96-710, 388-96-713, 388-96-758, 388-96-759, 388-96-781, 388-96-782, and 388-96-901.

Statutory Authority for Adoption: RCW 74.46.800, 74.46.561(1).

Adopted under notice filed as WSR 17-08-070 on April 3, 2017.

Changes Other than Editing from Proposed to Adopted Version: Updated licensed beds definition with a specific date for determining number of licensed beds, joint cost allocation disclosure requirement language was removed, language was added stating that expensed equipment needs a useful life of one year or more, restored references to goodwill, language regarding settlements was changed to address concerns, capital lease definition was restored.

A final cost-benefit analysis is available by contacting Elizabeth Pashley, 4450 10th Avenue S.E., Lacey, WA 98503, phone 360-725-2447, fax 360-725-2641, TTY 360-493-2637, email Elizabeth.Pashley@dshs.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 24, Repealed 24.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 24, Repealed 24.

Date Adopted: October 20, 2017.

Cheryl Strange

Secretary