WSR 97-15-132

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Adult Services Administration)

(Public Assistance)

[Filed July 23, 1997, 10:28 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-12-047.

Title of Rule: Limited moratorium on the licensing of adult family homes, WAC 388-76-9970 through 388-76-9980.

Purpose: To implement a limited moratorium on the licensing of adult family homes as mandated by the 1997 legislature in section 402 of E2SHB 1850.

Statutory Authority for Adoption: Section 402 of E2SHB 1850, passed by the 1997 legislature.

Statute Being Implemented: Section 402 of E2SHB 1850, passed by the 1997 legislature.

Summary: In section 402 of E2SHB 1850, the legislature mandated the Department of Social and Health Services (DSHS) 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.

Reasons Supporting Proposal: Rules are required by statute.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jeanne Marie Thomas, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, (360) 493-2626 or (360) [(800)] 422-3263.

Name of Proponent: Department of Social and Health Services, Aging and Adult Services Administration, Residential Care Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 applies to this rule adoption.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on August 26, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin by August 19, 1997, e-mail lbaldwin@dshs.wa.gov, TTY (360) 902-8324, or (360) 902-7540.

Submit Written Comments to and Identify WAC Numbers: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by August 26, 1997.

Date of Intended Adoption: No sooner than August 27, 1997.

July 22, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-76-9970 Purpose. The purpose of WAC 388-76-9970 through 388-76-9980 is to satisfy the legislative requirements of section 402, chapter 392, Laws of 1997.

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NEW SECTION

WAC 388-76-9972 Definitions. For purposes of WAC 388-76-9970 through 388-76-9980, the following definitions shall apply:

"Accommodation" means a determination by the department to accept an application for a new adult family home license, based on a case-by-case review of requests.

"Long distance" means a distance of thirty miles or more, or requiring thirty minutes or more of travel time between existing licensed residential long-term care facilities.

"Moratorium" means a temporary stoppage of the acceptance of new adult family home applications received during the dates specified in WAC 388-76-9974. The moratorium is limited because accommodations may be granted by the department to allow for the application for new licenses, in individual cases in which the department finds that a need exists.

"Need" means the necessity for long-term care services by persons enrolled in Medicaid whose care requirements have been assessed to be most appropriately served in a residential long-term care setting. To meet this definition, the department must find that a need exists for one of the following:

(1) Services for persons who reside in a geographical area which has a lack of available providers; a need will be found by the department based on consultation with case managers and on a review of the availability of existing residential facilities; or

(2) Services for persons whose requirements are distinctive, and require special expertise by care providers; a need will be found by the department based on consultation with case managers or specialized departmental staff, such as staff serving persons with developmental disabilities or with mental health disabilities; or

(3) Services for persons of particular ethnic groups whose cultural lifestyle can only be maintained by care providers with knowledge of their culture; a need will be found by the department based on consultation with case managers or specialized departmental staff, such as staff serving persons with developmental disabilities, or persons with mental health disabilities; or

(4) Services for persons who would be isolated from family and friends if they relocated across a long distance in order to receive residential services; a need will be found by the department based on a review of the proximity of existing residential facilities.

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NEW SECTION

WAC 388-76-9974 Effective date of the moratorium. The moratorium shall be effective beginning at 8:00 a.m., September 4, 1997, and extend through 5:00 p.m., December 12, 1997, or until such time as the secretary removes the moratorium. After the moratorium is lifted by the secretary, WAC 388-76-9970 through 388-76-9980 will no longer be effective.

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NEW SECTION

WAC 388-76-9976 Process for requesting an individual accommodation. (1) Before submitting an application for adult family home licensure, a person must request an individual accommodation to the moratorium by writing a letter to the director of residential care services, aging and adult services administration, at the following address:

Aging and Adult Services Administration

Director, Residential Care Services

PO Box 45600

Olympia, WA 98504-5600

(2) Any requests for individual accommodations that do not contain all of the requirements listed in subsection (3) of this section, will be returned to the individual making the request without action.

(3) The letter requesting an individual accommodation shall contain all of the following:

(a) A statement that the letter is a request for an individual accommodation to the moratorium on the licensure of new adult family homes; and

(b) A statement of which type of need, as defined in WAC 388-76-9972, the adult family home proposes to address; and

(c) A statement that the applicant will contract with the state to provide service to a client or clients who have been determined to be Medicaid eligible; and

(d) A photocopy of one of the following:

(i) For persons who do not currently have an adult family home license: The certificate of attendance at an adult family home orientation. The certificate of attendance can be obtained by attending an orientation session sponsored by a local adult family home area office. Information about the orientations may be obtained by calling the phone numbers listed in subsection (6) of this section; or

(ii) For persons who currently operate a licensed home and are requesting consideration of an additional license, and therefore do not need to attend orientation: A current adult family home license.

(4) The director of residential care services, or the director's designee, shall respond in writing, within fifteen working days, with a decision to grant or deny the request for the individual accommodation. Individuals who receive a letter granting their request for accommodation may then apply for an adult family home license.

(5) The letter requesting the accommodation should not be accompanied by an adult family home application. Any applications or accompanying checks sent with letters will be returned to the applicant without action.

(6) The adult family home area offices are:

Southeast Washington

Phone: 360/493-2546

Address: Residential Care Services/

Adult Family Home Area Office

PO Box 45600

Olympia, WA 98504-5600

Counties: Clark, Cowlitz, Klickitat, Lewis, Pacific, Skamania, Thurston, Wahkiakum.

King County

Phone: 206/587-4285

Address: Residential Care Services/

Adult Family Home Area Office

1737 Airport Way S, Suite 160

Seattle, WA 98134

County: King (excluding north King County zip codes).

Northwest Washington

Phone: 360/653-0591

Address: Residential Care Services/

Adult Family Home Area Office

PO Box 3504

Arlington, WA 98036

Counties: Island, San Juan, Skagit, Snohomish, Whatcom (and including north King County zip codes).

Northeast Washington

Phone: 509/456-3911

Address: Residential Care Services/

Adult Family Home Area Office

316 W. Boone, Suite 170

Spokane, WA 99201-2351

Counties: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, Yakima.

Pierce County and the Olympic Peninsula

Phone: 253/597-4160

Address: Residential Care Services/

Adult Family Home Area Office

1949 S. State Street

Tacoma, WA 98405-2850

Counties: Clallam, Grays Harbor, Jefferson, Kitsap, Mason, Pierce.

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NEW SECTION

WAC 388-76-9978 Applications that will be processed during the moratorium. (1) Applications received under any one of the following conditions shall be processed according to the usual departmental licensure process:

(a) Applications postmarked on or before September 3, 1997, to:

Aging and Adult Services Administration

Residential Care Services

PO Box 45600

Olympia, WA 98504-5600; or

(b) Applications hand delivered no later than 5:00 p.m., September 3, 1997, to:

Aging and Adult Services Administration

Residential Care Services/Adult Family

Home Licensing

Building A, 600 Woodland Square Loop

Lacey, WA 98503

With the delivery confirmed by a receipt from Aging and Adult Services staff; or

(c) Applications received with an attached letter from the director of residential care services, or the director's designee, stating that an individual accommodation has been granted; or

(d) Applications for licensed homes that are relocating within the same county of residence. This does not include applications for licenses for homes where the license is being transferred from one individual or entity to another individual or entity.

(2) All other applications shall be returned to the applicant without action.

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NEW SECTION

WAC 388-76-9980 Notification of the end of the moratorium. Persons currently holding an adult family home license, and persons on the department's interested parties mailing list will be notified of the date that the moratorium is no longer in effect, as determined by the secretary.