WSR 17-23-043

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 8, 2017, 11:44 a.m.]

Subject of Possible Rule Making: The department is proposing to add new sections, repeal existing sections, and amend existing sections in chapter 388-76 WAC, Adult family home minimum licensing requirements, including WAC 388-76-10005 License—Required, 388-76-10010 License—Valid and not transferable, 388-76-10015 License—Adult family home—Compliance required, 388-76-10020 License—Ability to provide care and services, 388-76-10025 License annual fee, 388-76-10030 License capacity, 388-76-10035 License requirements—Multiple family home providers, 388-76-10036 License requirements—Multiple adult family home management, 388-76-10037 License requirements—Multiple adult family homes—Additional homes, 388-76-10040 License requirements—Qualified person must live-in or be on-site, 388-76-10045 Licensing—Certain state employees and employee household members—Prohibited, 388-76-10050 License—Relinquishment, 388-76-10055 Application—Generally, 388-76-10057 Application—General qualifications, 388-76-10060 Application—Department orientation class—Required, 388-76-10063 Application—General training requirements, 388-76-10064 Adult family home administrator training requirements, 388-76-10065 Application—Required information, 388-76-10070 Application—Fees required, 388-76-10073 Application—Processing fees required, 388-76-10074 Application—Waiver of fees, 388-76-10075 Application—Becomes void, 388-76-10080 Application—Coprovider, 388-76-10085 Application—Individual or coprovider, 388-76-10090 Application—Entity application, 388-76-10095 Application—Identification of landlord—Required, 388-76-10100 Application—Identification of landlord—Required, 388-76-10105 Application—Change of ownership, 388-76-10106 Change of ownership—Notice to department and residents, 388-76-10107 Priority processing—Change of ownership and relocation, 388-76-10110 Application—Change of location or address, 388-76-10115 Granting or denying a license—Generally, 388-76-10120 License—Must be denied, 388-76-10125 License—May be denied, 388-76-10129 Qualifications—Adult family home personnel, 388-76-10130 Qualifications—Provider, entity representative and resident manager, 388-76-10135 Qualifications—Caregiver, 388-76-10140 Qualifications—Students—Volunteers, 388-76-10145 Qualifications—Licensed nurse as provider, entity representative, or resident manager, 388-76-10146 Qualifications—Training and home care aide certification, 388-76-10150 Qualifications—Assessor, 388-76-10191 Liability insurance required, 388-76-10192 Liability insurance required—Commercial general liability insurance or business liability insurance coverage, 388-76-10193 Liability insurance required—Professional liability insurance coverage, 388-76-10195 Adult family home—Staff—Generally, 388-76-10198 Adult family home—Personnel records, 388-76-10200 Adult family home—Staff—Availability—Contact information, 388-76-10205 Medicaid or state funded residents, 388-76-10210 Resident relocation due to closure, 388-76-10215 Resident funds—Protection, liquidation or transfer, 388-76-10220 Incident log, 388-76-10225 Reporting requirement, 388-76-10230 Pets, 388-76-10235 Guardianship, 388-76-10240 Durable power of attorney for health care or financial decisions, 388-76-10245 Resident self-determination—Health care decision making, 388-76-10250 Medical emergencies—Contacting emergency medical services—Required, 388-76-10255 Infection control, 388-76-10260 Communicable disease—Preventing spread, 388-76-10315 Resident record—Required, 388-76-10320 Resident record—Content, 388-76-10325 Resident record—Legal documents—If available, 388-76-10330 Resident assessment, 388-76-10335 Resident assessment topics, 388-76-10340 Preliminary service plan, 388-76-10345 Assessment—Qualified assessor—Required, 388-76-10350 Assessment—Updates required, 388-76-10355 Negotiated care plan, 388-76-10360 Negotiated care plan—Timing of development—Required, 388-76-10365 Negotiated care plan—Implementation—Required, 388-76-10370 Negotiated care plan—Persons involved in development, 388-76-10375 Negotiated care plan—Signatures—Required, 388-76-10380 Negotiated care plan—Timing of reviews and revisions, 388-76-10385 Negotiated care plan—Copy to department case manager—Required, 388-76-10390 Admission and continuation of services, 388-76-10395 Emergency admissions, 388-76-10400 Care and services, 388-76-10405 Nursing care, 388-76-10410 Laundry services, 388-76-10415 Food services, 388-76-10420 Meals and snacks, 388-76-10425 Offsite food preparation, 388-76-10430 Medication system, 388-76-10435 Medication refusal, 388-76-10440 Medication—Assessment—Identification of amount of assistance needed when taking medications, 388-76-10445 Medication—Independent—Self-administration, 388-76-10450 Medication—Self-administration with assistance, 388-76-10455 Medication—Administration, 388-76-10460 Medication—Negotiated care plan, 388-76-10463 Medication—Psychopharmacologic, 388-76-10465 Medication—Altering—Requirements, 388-76-10470 Medication—Timing—Special directions, 388-76-10475 Medication—Log, 388-76-10480 Medication organizers, 388-76-10485 Medication storage, 388-76-10490 Medication disposal—Written policy—Required, 388-76-10495 Specialty care—Designations, 388-76-10500 Granting specialty care designation—Requirements, 388-76-10505 Specialty care—Admitting and retaining residents, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.128 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has worked collaboratively with external and internal stakeholders to plan revisions to chapter 388-76 WAC in order to protect the health and safety of residents in adult family homes, clarify rule language as requested by adult family home business owners, department staff, and those affiliated with adult family homes, as well as to update rule language to reflect current issues identified by adult family home business owners, individuals affiliated with the adult family home business, and department staff.

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 Sherise Baltazar, Adult Family Home Policy Program Manager, P.O. Box 45600, Olympia, WA 98504, phone 360-725-3204, fax 360-438-7903, email Sherise.Baltazar@dshs.wa.gov, web site https://www.dshs.wa.gov/altsa/residential-care-services/information-adult-family-home-providers.

November 8, 2017

Katherine I. Vasquez

Rules Coordinator