WSR 02-15-081

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed July 15, 2002, 3:56 p.m. ]

Date of Adoption: July 11, 2002.

Purpose: The department is adopting the amendments to WAC 388-76-535, 388-76-61510, and 388-76-710. WAC 388-76-535 is amended to include RCW 69.41.085 as authority. WAC 388-76-61510 changes the timeline required for developing a negotiated care plan from fourteen to thirty days from date of a resident's admission. This change has resulted from stakeholder input. WAC 388-76-710 is amended to correct the Board of Appeals mailing address and correct cross-references concerning administrative proceedings to chapter 388-02 WAC. Other proposed rules on medication practices in community-based settings, originally proposed as new WAC 388-76-64005, 388-76-64015, 388-76-64020, 388-76-64025, 388-76-64030 and 388-76-64035 in WSR 02-03-117, have been revised and reproposed as WSR 02-14-161 for further public comment.

Citation of Existing Rules Affected by this Order: Amending WAC 388-76-535, 388-76-61510, and 388-76-710.

Statutory Authority for Adoption: RCW 70.128.040, 69.41.085.

Adopted under notice filed as WSR 02-03-117 on January 22, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

July 11, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3026.6
AMENDATORY SECTION(Amending Order 3984, filed 6/19/96, effective 7/20/96)

WAC 388-76-535   Authority.   The following rules are adopted under RCWs 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210, ((and)) 18.88A.230, and 69.41.085.

[Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), 388-76-535, filed 6/19/96, effective 7/20/96.]


AMENDATORY SECTION(Amending WSR 98-12-054, filed 5/29/98, effective 7/1/98)

WAC 388-76-61510   When must the negotiated care plan be developed?   The plan must be developed within ((fourteen)) thirty days of the resident's admission.

[Statutory Authority: RCW 70.128.040, 70.128.060, chapter 70.129 RCW and 1998 c 272. 98-12-054, 388-76-61510, filed 5/29/98, effective 7/1/98.]


AMENDATORY SECTION(Amending WSR 96-14-003 (Order 3984), filed 6/19/96, effective 7/20/96)

WAC 388-76-710   Notice, hearing rights, and effective dates relating to imposition of remedies.   (1) Chapter 34.05 RCW applies to department actions under this chapter and chapter 70.128 RCW, except that orders of the department imposing license suspension, stop placement, or conditions on a license are effective immediately upon notice and shall continue pending a final administrative decision on the merits.

(2) Civil monetary penalties shall become due twenty-eight days after the provider or the owner or operator of an unlicensed adult family home is served with a notice of the penalty unless the provider requests a hearing in compliance with chapter 34.05 RCW and RCW 43.20A.215. If a hearing is requested, the penalty becomes due ten days after a final decision in the department's favor is issued. Interest shall accrue beginning thirty days after the department serves the provider with notice of the penalty at a rate of one percent per month in accordance with RCW 43.20B.695.

(3) A person contesting any decision by the department to impose a remedy shall within twenty-eight days of receipt of the decision:

(a) File a written application for an adjudicative proceeding by a method showing proof of receipt with the ((Office)) Board of Appeals((, P.O. Box 2465, Olympia, WA 98504)) at the mailing address contained in WAC 388-02-0030; and

(b) Include in or with the application:

(i) The grounds for contesting the department decision; and

(ii) A copy of the contested department decision.

(4) Administrative proceedings shall be governed by chapter 34.05 RCW, RCW 43.20A.215, where applicable, this section, and chapter ((388-08)) 388-02 WAC. If any provision in this section conflicts with chapter ((388-08)) 388-02 WAC, the provision in this section governs.

[Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), 388-76-710, filed 6/19/96, effective 7/20/96.]

Washington State Code Reviser's Office