WSR 97-12-047

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Public Assistance)

[Filed June 2, 1997, 4:42 p.m.]

Subject of Possible Rule Making: Limited moratorium on the licensing of adult family homes. Licensing rules are in chapter 388-76 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: E2SHB 1850.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In section 402 of E2SHB 1850, the 1997 legislature mandated the Department of Social and Health Services to implement a limited moratorium on the licensing of adult family homes. Rules are necessary to implement the moratorium and specifically to describe a process for granting exceptions to the moratorium on a case-by-case basis in order to accommodate the residential long-term care needs of particular geographical or ethnic communities. As specified in E2SHB 1850, rule development will allow the department to review, and, if necessary, amend existing rules that promote the health, safety, and protection of residents of adult family homes.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agencies have any direct regulatory authority over adult family homes in Washington state. The state fire marshal has indirect authority through the development and oversight of building codes that adult family homes must satisfy. The scope of this rule-making process does not include any regulations related to building safety or structural requirements. Coordination with the state fire marshal will not be necessary.

Process for Developing New Rule: Interested parties may contact the Department of Social and Health Services representative below to provide input on drafting the rules. The Department of Social and Health Services, Aging and Adult Services Administration, will send a written draft of proposed rules to a list of interested parties including adult family home provider associations, nursing home professional associations, the state long-term care ombudsman, and related advocacy organizations.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties may comment in writing, or attend the public hearing to provide verbal comment. Persons interested in being added to the mailing list for the proposed rules may contact the individual listed below. To be added to the mailing list, or send written comment, contact Jeanne Marie Thomas, Department of Social and Health Services, Aging and Adult Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone 1-800-422-3263, (360) 493-2626, TDD (360) 407-0212 or 1-800-737-7931, FAX (360) 438-7903, e-mail jmthomas@dshs.wa.gov.

May 30, 1997

Merry A. Kogut, Manager