WSR 11-18-096



(Aging and Disability Services)

[ Filed September 7, 2011, 10:05 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-13-091.

Title of Rule and Other Identifying Information: The department intends to amend WAC 388-76-10000 Definitions, 388-76-10015 License -- Adult family home -- Compliance required, 388-76-10025 License annual fee, 388-76-10035 License requirements -- Multiple home providers, 388-76-10064 Application -- Forty-eight hour class training requirements, 388-76-10070 Application -- Fees required, 388-76-10073 Application -- Processing fees required, WAC 388-76-10080 Application -- Coprovider, 388-76-10105 Application -- Change of ownership, 388-76-10120 License -- Must be denied, 388-76-10130 Qualifications -- Provider, entity representative and resident manager, 388-76-10146 Qualifications -- Training and home care aide certification requirements, 388-76-10160 Background check -- General, 388-76-10174 Background check -- Disclosure of information by health care facilities, 388-76-10395 Emergency admissions, 388-76-10540 Resident rights -- Disclosure of fees and notice requirements -- Deposits, 388-76-10570 Resident rights -- Financial affairs related to resident death, 388-76-10915 Department staff access -- Willful interference prohibited, 388-76-10945 Remedies -- Imposition of remedies -- Serious risk -- Recurring violations -- Uncorrected violations, 388-76-10960 Remedies -- Department may impose remedies, and 388-76-10975 Remedies -- Specific -- Civil penalties, and other related rules as appropriate.

The department intends to repeal WAC 388-76-10162 Background check -- National fingerprint checks -- Who is required to have.

The department intends to add new sections WAC 388-76-10037 Multiple adult family homes -- Additional homes, 388-76-10561 Resident rights -- Resident security deposit account, 388-76-10911 Inspection-Multiple adult family home providers, 388-76-10946 Remedies -- Increasing severity for certain violations, 388-76-10947 Remedies -- Criteria considered, and 388-76-10976 Remedies -- Civil fine grid.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at

or by calling (360) 664-6094), on October 25, 2011, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 26, 2011.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on October 25, 2011.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 6, 2011, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending these rules as a result of legislative activity during session and to be consistent with newly passed state laws: ESHB 1548 Implementation of long-term care worker requirements regarding background checks and training, ESHB 1277 Oversight of licensed or certified long-term care settings for vulnerable adults, SSB 5042 Vulnerable adults protection, and 2E2SHB 1738 Changing the designation of the medicaid single state agency.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 70.128.040.

Statute Being Implemented: Chapter 70.128 RCW.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Mike Tornquist, P.O. Box 45600, Olympia, WA 98513, (360) 725-3204; Implementation and Enforcement: Lori Melchiori, P.O. Box 45600, Olympia, WA 98513, (360) 725-2404.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), a small business economic impact statement is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b), a cost-benefit analysis is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statues or regulations.

August 31, 2011

Katherine I. Vasquez

Rules Coordinator

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 11-19 issue of the Register.

Washington State Code Reviser's Office