WSR 18-21-098
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed October 16, 2018, 10:09 a.m.]
Continuance of WSR 18-18-091.
Preproposal statement of inquiry was filed as WSR 17-18-085.
Title of Rule and Other Identifying Information: The department is amending WAC 388-78A-2190 Activities of daily living.
Hearing Location(s): On November 27, 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 November 28, 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., November 27, 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 November 14, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-78A-2190 to assure compliance with SHB 1671 (chapter 201, Laws of 2017), which requires the term "medication assistance" to be added to the "activities of daily living" which currently includes bathing, dressing, eating, personal hygiene, transferring, toileting, and ambulation and mobility.
This notice is to announce a second public hearing on these proposed rules for November 27, 2018. This notice also extends the written comment deadline to 5:00 p.m., on November 27, 2018.
Reasons Supporting Proposal: See purpose above.
Statutory Authority for Adoption: Chapter
18.20 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jeanette K. Childress, P.O. Box 45600, Olympia, WA 98504-5600, 360-725-2591.
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 proposed rules are exempt under RCW
34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
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.
Explanation of exemptions: This proposal implements changes from the 2017 legislative session (chapter 201, Laws of 2017).
October 15, 2018
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 13-13-063, filed 6/18/13, effective 7/19/13)
WAC 388-78A-2190Activities of daily living.
Assistance with activities of daily living is ((an optional))a service that the assisted living facility may provide.
(1) If an assisted living facility chooses not to provide assistance with activities of daily living:
(a) The assisted living facility must admit or retain only those residents who are independent in activities of daily living; except that
(b) A resident, or the resident's representative, may independently arrange for outside services to assist with activities of daily living.
(2) When an assisted living facility chooses to provide, either directly or indirectly, assistance with activities of daily living, the assisted living facility must provide that assistance consistent with the reasonable accommodation requirements in state and federal laws.
(3) When an assisted living facility chooses to provide, either directly or indirectly, assistance with activities of daily living, the assisted living facility must provide to each resident, consistent with the resident's assessed needs, minimal assistance with the following activities of daily living:
(a) Bathing: Minimal assistance with bathing means the assisted living facility must provide the resident with occasional:
(i) Reminding or cuing to wash and dry all areas of the body as needed;
(ii) Stand-by assistance getting into and out of the tub or shower; and
(iii) Physical assistance limited to steadying the resident during the activity.
(b) Dressing: Minimal assistance with dressing means the assisted living facility must provide the resident with occasional:
(i) Reminding or cuing to put on, take off, or lay out clothing, including prostheses when the assistance of a licensed nurse is not required;
(ii) Stand-by assistance during the activity; and
(iii) Physical assistance limited to steadying the resident during the activity.
(c) Eating: Minimal assistance with eating means the assisted living facility must provide the resident with occasional:
(i) Reminding or cuing to eat and drink; and
(ii) Physical assistance limited to cutting food up, preparing food and beverages, and bringing food and fluids to the resident.
(d) Personal hygiene: Minimal assistance with personal hygiene means the assisted living facility must provide the resident with occasional:
(i) Reminding and cuing to comb hair, perform oral care and brush teeth, shave, apply makeup, and wash and dry face, hands and other areas of the body;
(ii) Stand-by assistance during the activity; and
(iii) Physical assistance limited to steadying the resident during the activity.
(e) Transferring: Minimal assistance in transferring means the assisted living facility must provide the resident with occasional:
(i) Reminders or cuing to move between surfaces, for example to and from the bed, chair and standing;
(ii) Stand-by assistance during the activity; and
(iii) Physical assistance limited to steadying the resident during self-transfers.
(f) Toileting: Minimal assistance in toileting means the assisted living facility must provide the resident with occasional:
(i) Reminders and cuing to toilet, including resident self-care of ostomy or catheter, to wipe and cleanse, and to change and adjust clothing, protective garments and pads;
(ii) Stand-by assistance during the activity; and
(iii) Physical assistance limited to steadying the resident during the activity.
(g) Mobility: Minimal assistance in mobility means the assisted living facility must provide the resident with occasional:
(i) Reminding or cuing to move between locations on the assisted living facility premises;
(ii) Stand-by assistance during the activity; and
(iii) Physical assistance limited to steadying the resident during the activity; and
(h) Medication assistance: As defined in RCW 69.41.010.
(4) The assisted living facility may choose to provide more than minimal assistance with activities of daily living consistent with state and federal law.