WSR 02-12-001

EXPEDITED RULES

DEPARTMENT OF COMMUNITY,

TRADE AND ECONOMIC DEVELOPMENT

[ Filed May 22, 2002, 2:53 p.m. ]

Title of Rule: Chapter 365-18 WAC, Long-term care ombudsman program, Department of Community, Trade and Economic Development.

Purpose: To implement the long-term care ombudsman program as provided for in chapter 43.190 RCW and the Older American Act of 1965 (42 U.S.C. 3001 et seq., as amended).

Statutory Authority for Adoption: Chapter 43.190 RCW.

Statute Being Implemented: Chapter 43.190 RCW.

Summary: This expedited rule making is to revise WAC 365-18-040 (1)(a), (b) and (c) per revisions to chapter 43.190 RCW passed by the Washington state legislature during the 2002 session. The revisions change the conflict of interest waiting period from three years to one year.

Reasons Supporting Proposal: If these changes were not made, the WAC would contradict the RCW. The changes make the WAC consistent with the RCW.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Hanna, Department of Community, Trade and Economic Development, State of Washington, 725-2856.

Name of Proponent: Department of Community, Trade and Economic Development, State of Washington, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This expedited rule making is to revise WAC 365-18-040 (1)(a), (b) and (c) per revisions to chapter 43.190 RCW passed by the Washington state legislature during the 2002 session. The revisions change the conflict of interest waiting period from three years to one year. The changes will make it easier to recruit and train volunteers to become long-term care ombudsmen, while retaining safeguards such as the screening process and the ultimate authority of the state long-term care ombudsman to certify volunteers.

Proposal Changes the Following Existing Rules: See above.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Nancy Hanna, Department of Community, Trade and Economic Development, State of Washington, P.O. Box 48300, Olympia, WA 98504-8300 , AND RECEIVED BY August 5, 2002.


May 15, 2002

Martha Choe

Director

OTS-5686.1


AMENDATORY SECTION(Amending WSR 00-09-060, filed 4/17/00, effective 5/18/00)

WAC 365-18-040   Conflicts of interest.   (1) All ombudsmen shall be free from conflicts of interests, including:

(a) No ombudsman shall be or have been employed by or participated in the management of any long-term care facility, or have or have had the right to receive remuneration from a long-term care facility, including work as a paid consultant or independent contractor, currently or within ((three years from the start of his or her duties as an ombudsman)) the past year;

(b) No ombudsman or member of his or her immediate family shall have, or have had within the past ((three)) year((s)), any pecuniary interest in a long-term care facility or a long-term care service;

(c) No ombudsman shall have a direct involvement in the licensing, certification, or regulation of a long-term care facility or of a long-term care service during his or her tenure as an ombudsman or within the past year;

(d) No ombudsman shall be assigned to or work in a long-term care facility in which the ombudsman or a member of his/her immediate family resides;

(e) No ombudsman shall solicit or be the beneficiary of gifts, money or estate property from residents in any facility in which he or she has served or is serving as ombudsman. This subsection shall not prohibit an ombudsman from receiving gifts, money, or estate property from a resident who is a relative of the ombudsman;

(f) No ombudsman may work for an agency or entity in which the ombudsman has direct personal involvement in the provision or establishment of involuntary services or in the involuntary commitment of a resident.

(2) No individual, or immediate family member of such an individual, who is involved in the designation or removal of the state ombudsman, or the designation or revocation of the contractor or subcontractors, or who administers or oversees the contractor's or subcontractor's contract, may be an official or employee of any agency or organization that conducts the licensing, certification, or regulation of long-term care facilities, or that owns, operates, or manages such facilities.

[Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, 365-18-040, filed 4/17/00, effective 5/18/00.]

Washington State Code Reviser's Office