Subject of Possible Rule Making: The department is planning to amend WAC 388-71-0100 What are the statutory references for WAC 388-71-0100 through 388-71-01281? through 388-71-01281 To whom does the department report a final substantiated finding against a nursing assistant employed in a nursing facility or skilled nursing facility?, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.34.068, 74.34.165; 42 U.S.C. Sec. 1396r (g)(1)(D), 42 U.S.C. Sec. 1395i-3 (g)(1)(D).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Because adult protective services (APS) is now a separate division within the aging and long-term support administration, rules will be recodified to a new rule chapter; in response to Crosswhite v. DSHS, 389 P.3d 731, 197 Wn. App. 539 (2017), a definition of "willful" will be added; to memorialize the process, rules will be updated to include the petition process for nursing assistants; and other changes in grammar, structure, and consistency may be made.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The department of social and health services (DSHS) welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Will Reeves, P.O. Box 45600, Olympia, WA 98504, phone 360-485-3715, fax 360-438-8633, TTY 800-833-6388, email william.p.reeves@dshs.wa.gov.