WSR 14-05-072
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed February 18, 2014, 10:37 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-174.
Title of Rule and Other Identifying Information: The department is adding new sections and amending the following sections in chapter 388-78A WAC, Assisted living facilities: WAC 388-78A-2020, 388-78A-2462 Background checks—Who is required to have, 388-78A-24641 Background checks—Washington state name and date of birth background check, 388-78A-2464 Process—Background authorization form, 388-78A-24642 Background checks—National fingerprint background check, 388-78A-2465 Background check—Results—Inform, 388-78A-2467 Background check—Sharing by health care facilities, 388-78A-2468 Background checks—Employment—Conditional hire—Pending results of Washington state name and date of birth background check, 388-78A-2469 Background check—Disclosure statement, 388-78A-2470 Background check—Employment-disqualifying information, 388-78A-24701 Background checks—Employment—Nondisqualifying information, 388-78A-3170 Circumstances resulting in enforcement remedies, and 388-78A-3190 Denial, suspension, revocation, or nonrenewal of license statutorily required.
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on April 22, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than April 23, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on April 22, 2014.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 1, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending these rules to support the health and safety of residents living in residential setting, to consolidate various secretary's lists in aging and long-term support administration (ALTSA) thus providing a uniform background check standard for all caregivers and to reduce the overall costs of processing background checks.
In chapter 388-78A WAC, the disqualifying criminal convictions have been moved to a new WAC chapter, with pending charges added. This requires the amending of the assisted living facility rules to remove the disqualifying crimes from each applicable section, amend the language to support the reference to the new WAC chapter, and to clarify amendments to the negative actions.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 74.39A.056, chapter 18.20 RCW.
Statute Being Implemented: RCW 74.39A.056, chapter 18.20 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: Jeanette K. Childress, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2591; Implementation and Enforcement: Lori Melchiori, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2404.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
See Reviser's note below.
A copy of the statement may be obtained by contacting Jeanette Childress, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, e-mail Jeanette.childress@dshs.wa.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jeanette Childress, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, e-mail Jeanette.childress@dshs.wa.gov.
February 12, 2014
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 14-06 issue of the Register.