WSR 18-17-066
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed August 9, 2018, 1:50 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-13-048.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-101-3170 Group training home, in order to strike the requirement for a group training home to be licensed as an adult family home. RCW
70.128.030(3) specifically exempts facilities approved and certified under chapter
71A.22 RCW, Training centers and homes, from the operation of chapter
70.128 RCW, Adult family homes.
Hearing Location(s): On September 25, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (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.
Date of Intended Adoption: Not earlier than September 26, 2018.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., September 25, 2018.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by September 11, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is striking the requirement for a group training home to be licensed as an adult family home in WAC 388-101-3170.
Reasons Supporting Proposal: To meet the statutory requirements of RCW
70.128.030(3) that exempt facilities approved and certified under chapter
71A.22 RCW, Training centers and homes, from the operation of chapter
70.128 RCW, Adult family homes.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Claudia Baetge, P.O. Box 45600, Olympia, WA 98504, 360-725-2589; Implementation: Candace Goehring, P.O. Box 45600, Olympia, WA 98504, 360-725-2401; and Enforcement: Bett Schlemmer, P.O. Box 45600, Olympia, WA 98504, 360-725-2404.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. The department has analyzed the proposed rules and determined that they have no fiscal impact.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rule content is explicitly and specifically dictated by statute; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
Explanation of exemptions: The department has analyzed the proposed rule and concluded that no new costs will be imposed on small business affected by them. The preparation of a comprehensive small business economic impact statement is not required under RCW
19.85.030.
August 8, 2018
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 08-02-022, filed 12/21/07, effective 2/1/08)
WAC 388-101-3170Group training home.
After the effective date of this chapter a person or entity desiring to become a group training home must:
(1) Complete an application on forms and attachments designated by the department; and
(2) Currently be:
(a) Certified as a community residential services and support provider; and
(b) ((
Licensed as an adult family home under chapter 70.128 RCW; and(c))) A nonprofit business in accordance with state and federal law.