WSR 20-22-102

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Long-Term Support Administration)

[Filed November 3, 2020, 3:57 p.m.]

Supplemental Notice to WSR 20-11-055.

Preproposal statement of inquiry was filed as WSR 19-03-148.

Title of Rule and Other Identifying Information: This proposal would update chapter 388-76 WAC, Adult family home minimum licensing requirements, amending the following sections: WAC 388-76-10510 Resident rights—Basic rights, 388-76-10515 Resident rights—Exercise of rights, 388-76-10522 Resident rights—Notice—Policy on accepting Medicaid as a payment source, 388-76-10525 Resident rights—Description, 388-76-10530 Resident rights—Notice of services, 388-76-10532 Resident rights—Standardized disclosure of services form, 388-76-10540 Resident rights—Disclosure of fees and charges—Notice requirements—Deposits, 388-76-10545 Resident rights—Admitting and keeping residents, 388-76-10550 Resident rights—Adult family home staffing—Notification required, 388-76-10560 Resident rights—Adult family home management of resident financial affairs, 388-76-10561 Resident rights—Resident security deposit account, 388-76-10585 Resident rights—Examination of inspection results, 388-76-10595 Resident rights—Advocacy access and visitation rights, 388-76-10600 Resident rights—Mail and telephone privacy, 388-76-10605 Resident rights—Personal property and storage space, 388-76-10615 Resident rights—Transfer and discharge, 388-76-10620 Resident rights—Quality of life—General, 388-76-10685 Bedrooms, 388-76-10715 Doors—Ability to open, 388-76-10720 Electronic monitoring equipment—Audio monitoring and video monitoring, 388-76-10725 Electronic monitoring equipment—Resident requested use, 388-76-10750 Safety and maintenance, 388-76-10765 Storage, 388-76-10770 Telephones, 388-76-10784 Water hazards—Fences, gates and alarms, 388-76-10795 Windows, 388-76-10800 Adult family home located outside of public fire protection, 388-76-10805 Automatic smoke detectors, 388-76-10810 Fire extinguishers, 388-76-10825 Space heaters, fireplaces, and stoves, 388-76-10830 Emergency and disaster plan—Required, 388-76-10840 Emergency food supply, 388-76-10850 Emergency medical supplies, 388-76-10865 Resident evacuation from adult family home, 388-76-10870 Resident evacuation capability levels—Identification required, 388-76-10885 Elements of emergency evacuation floor plan, 388-76-10890 Posting the emergency evacuation floor plan—Required, 388-76-10895 Emergency evacuation drills—Frequency and participation, 388-76-10900 Documentation of emergency evacuation drills—Required, and 388-76-10905 Emergency evacuation—Notification of department required.

The proposal would also repeal the following sections: WAC 388-76-10520 Resident rights—General notice, 388-76-10555 Resident rights—Financial affairs, 388-76-10565 Resident rights—Adult family home system for management of resident financial affairs, and 388-76-10835 Elements of an emergency and disaster plan.

This proposal would also add a new section, WAC 388-76-10616 Resident rights—Transfer and discharge notice.

Hearing Location(s): On December 22, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up-to-date information.

Date of Intended Adoption: Not earlier than December 23, 2020.

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., December 22, 2020.

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 December 8, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to update rules that are obsolete or require clarification. The department worked with internal and external stakeholders to identify rules that have been in place for a number of years and that are ambiguous or difficult to implement or enforce. We sought to clarify areas where a rule may have multiple interpretations. Some of the rules are being updated to reflect new or improved technology. Other rule changes are intended to improve resident safety. Because some of the regulations in the section outlining resident rights are closely related to the federal regulations under the home and community based settings program, we adapted the language to a closer alignment with those requirements. Similarly, adult family homes must meet the requirements of this chapter and the building code, so some of the changes here incorporate parts of the international residential code as adopted by Washington state into this chapter for easier use.

Reasons Supporting Proposal: The goal of this proposal is to update these rules to improve clarity and usability of the rules and compliance by adult family homes, and improve resident safety and quality of life. Addressing known barriers and increasing the clarity of the rules is intended to improve compliance. Reorganizing and strengthening these rules is intended to improve resident safety and quality of life, and make it easier for residents to exercise their rights. The department solicited feedback on the proposal from internal and external stakeholders and incorporated the suggestions received wherever possible.

This proposal was updated based on comments received during the previous public comment period. The supplemental rule filing is to allow the public to comment on the changes. This second supplemental filing reflects changes made on public comments.

Statutory Authority for Adoption: RCW 70.128.040, 70.128.060.

Statute Being Implemented: Chapters 70.128, 74.34 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [No information supplied], governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Libby Wagner, P.O. Box 45600, Olympia, WA 98504, 360-464-0487.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Libby Wagner, P.O. Box 45600, Olympia, WA 98504, phone 360-464-0487, fax 360-725-3224, email libby.wagner@dshs.wa.gov.

The proposed rule does impose more-than-minor costs on businesses.

The department completed a small business economic impact statement and cost-benefit analysis and determined that while most homes will face no costs or minimal costs, some homes may experience more-than-minor costs. However, the benefits to these changes outweigh the costs.

A copy of the statement may be obtained by contacting Libby Wagner, P.O. Box 45600, Olympia, WA 98504, phone 360-464-0487, fax 360-725-3224, email libby.wagner@dshs.wa.gov.

November 2, 2020

Katherine I. Vasquez

Rules Coordinator