WSR 02-21-013

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed October 7, 2002, 12:55 p.m. ]

Subject of Possible Rule Making: Chapter 388-76 WAC, Adult family homes: Amending WAC 388-76-550 License application, 388-76-560 License eligibility, 388-76-565 Resident manager and live-in requirements, 388-76-650 Food services, 388-76-655 General management and administration, 388-76-680 Infection control and communicable disease, 388-76-685 Criminal history disclosure and background inquiries, 388-76-695 Protection of resident funds -- Liquidation or transfer, and 388-76-715 Dispute resolution.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.040, 70.128.120, 43.43.842, 74.34.020, chapter 70.129 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Aging and Adult Services Administration (AASA) intends to amend rules in chapter 388-76 WAC, and other rules as appropriate to:

1. Incorporate changes in food worker rules adopted by the Department of Health (DOH), and remove DOH registration that is no longer required (WAC 388-76-650 and 388-76-560).

2. Update rules to comply with current statutes (WAC 388-76-565, 388-76-685, and 388-76-715);

3. Address access to liability insurance (WAC 388-76-655);

4. Clarify administrative responsibility and staff coverage plan (WAC 388-76-570);

5. Clarify the tuberculosis testing time frame for new employees (WAC 388-76-680);

6. Address protection of vulnerable adults as well as substance abuse (WAC 388-76-560 and 388-76-685);

7. Address licensing of entity providers, and integration of initial inspection and licensing (WAC 388-76-550 and 388-76-560);

8. Address criminal history and background checks per current statute (WAC 388-76-685); and

9. Address providers receiving money from residents by gift or loan (WAC 388-76-695).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Revision of WAC 388-76-650: Department of Health (DOH) and State Board of Health (SBOH). Coordination of the rule-making process is being conducted jointly by DOH, SBOH, and AASA.

Process for Developing New Rule: The department welcomes public participation in the development of these rules. Anyone interested in participating should contact the staff person indicated below. After the rules are drafted, DSHS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and send a copy to everyone on the mailing list and anyone else who requests a copy. At a later date, the department will publish proposed rules for public comment, and a public hearing will be held before the rules are adopted as permanent.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Rosemary Biggins, Residential Care Services, Aging and Adult Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2486, e-mail biggire@dshs.wa.gov.

October 1, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office