WSR 15-01-176

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 23, 2014, 2:53 p.m.]

Subject of Possible Rule Making: The department is considering amending and repealing the following sections in chapter 388-111 WAC, Residential habilitation centers—Compliance standards: WAC 388-111-0040 Resident and client protection program—Investigation of report of abandonment, abuse, neglect, or financial exploitation, 388-111-0050 Resident and client protection program—Notice to individual of preliminary findings, 388-111-0070 Resident and client protection program—Disputing preliminary findings, 388-111-0080 Resident and client protection program—Disputing a preliminary finding—Hearing procedures, 388-111-0090 Resident and client protection program—Finalizing the preliminary finding, 388-111-0100 Reporting final findings, 388-111-0110 Resident and client protection program—Appeal of administrative law judge's initial order or finding, 388-111-0120 Resident and client protection program—Disclosure of investigative and finding information, and other rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.20.010.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Resident client protection program (RCPP) has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-111 WAC. Residential care services is coordinating to eliminate these WACs at the same time home and community services is going to incorporate them into their WACs. The CR-101s for both divisions will be filed at the same time. Repealing the rules is beneficial to or supported by the regulated entities to prevent duplication of licensing rules.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Penny Rarick, P.O. Box 45600, Olympia, WA 98513, phone (360) 725-2589, fax (360) 438-7903, e-mail penelope.rarick@dshs.wa.gov. Draft section language will be posted on aging and long-term support administration professional internet web page at http://www.altsa.dshs.wa.gov/professional/afh.htm for review and comment prior to filing the CR-102. Anyone from the public can comment directly to the program manager listed above via phone, e-mail or fax.

December 22, 2014

Katherine I. Vasquez

Rules Coordinator