Title of Rule and Other Identifying Information: The department is proposing to amend chapter 388-71 WAC, Home and community services and programs; chapter 388-106 WAC, Long-term care services; and chapter 388-113 WAC, Disqualifying crimes and negative actions. The department is also proposing to create a new chapter 388-115 WAC, Consumer directed employer (CDE).

Hearing Location(s): On July 6, 2021, 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.

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. July 7, 2021.

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 May 22, 2021.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend, repeal, and create new sections in chapters 388-71, 388-106, and 388-113 WAC, and create a new chapter 388-115 WAC, Consumer directed employer, as a reference for the individual providers employed by the CDE.

The purpose for making changes is to clarify and consolidate rules related to background checks, disqualifying convictions, and negative actions; and character, competence, and suitability determinations for home and community services, residential care services, and the developmental disabilities administration. These changes will provide better clarity and understanding for the public and contracted entities, reduce the amount of WAC language across programs, and help preserve the health and safety of our clients. Other provisions related to long-term care worker qualifications and a client's choice of provider will also be clarified and consolidated.

Reasons Supporting Proposal: The department is making these changes based on the implementation of the CDE and the change from individual providers contracted with the department to individual providers employed by CDE as a result of the passage of ESSB 6199 (chapter 278, Laws of 2018) in 2018.

Name of Agency Personnel Responsible for Drafting and Implementation: Carson Crepeaux, P.O. Box 45600, Olympia, WA 98504-5600, 360-725-3714; Enforcement: Karen Fitzharris, P.O. Box 45600, Olympia, WA 98504-5600, 360-725-2536.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5600, phone 360-725-2495, fax 360-407-7582, TTY 360-493-2637, email Angel.Sulivan@dshs.wa.gov.

Is exempt under RCW 19.85.025(4) because the proposed amendments impose no new or disproportionate costs on small businesses so a small business economic impact statement is not required.

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 21-12 issue of the Register.