WSR 20-03-097
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed January 14, 2020, 9:42 a.m., effective February 14, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is creating WAC 388-76-10401 to incorporate federal requirements for home and community based settings into the state licensing requirements for adult family homes. These regulations improve quality of life in adult family homes by giving residents greater opportunities to make decisions about their lives and care. The intent of these changes are to ensure that residents are able to receive care in a homelike setting and reduce dependence on isolating settings or institutions. By incorporating federal requirements into the state regulations, this will help adult family home providers to understand and meet their obligations.
Citation of Rules Affected by this Order: New WAC 388-76-10401.
Adopted under notice filed as WSR 19-21-117 on October 18, 2019.
A final cost-benefit analysis is available by contacting Libby Wagner, 20425 72nd Avenue South, Kent, WA 98032, phone 253-234-6061, email Elizabeth.wagner@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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: January 13, 2020.
Cheryl Strange
Secretary
NEW SECTION
WAC 388-76-10401Home and community-based setting requirements.
(1) The home must ensure that the following conditions are present for each resident:
(a) Privacy in each resident's bedroom, including lockable doors when chosen, with only the resident or residents who live in the room and appropriate staff having the key;
(b) Choice of roommates;
(c) Freedom to decorate and furnish their room within the terms of the notice of rights and service agreement;
(d) Freedom and support to control their own schedule;
(e) Access to food and water at any time; and
(f) Having visitors at any time, although nothing in this section requires an adult family home to provide a visitor with food or a place to sleep.
(2) When conditions under subsection (1) of this section cannot be met, the home must ensure the following elements are in place before implementing a modification:
(a) The specific assessed need for the modification is identified in the resident's assessment and negotiated care plan;
(b) The resident's negotiated care plan documents less intrusive methods and interventions that were tried prior to the modification but did not work;
(c) The details of the modification are clearly described in the resident's assessment and negotiated care plan, including how the modification addresses the resident's specific assessed need;
(d) The modification is agreed to by the resident or the resident's legal representative; and
(e) The modification must not cause the resident harm.
(3) All modifications must be reviewed annually with the assessment and negotiated care plan, and evidence of its effectiveness or lack thereof must be documented in both.
(4) Any modification must be discontinued if there is no longer a need for it or it is no longer effective.