WSR 02-14-063



(Aging and Adult Services Administration)

[ Filed June 27, 2002, 3:16 p.m. ]

Date of Adoption: June 20, 2002.

Purpose: Review and update chapter 388-98 WAC, Nursing home licensure program administration, under Executive Order 97-02. Repealing all sections of chapter 388-98 WAC and merging the subject matter into chapter 388-97 WAC, Nursing homes, in order to bring all nursing homes regulations into one chapter to easier reference.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-98-001, 388-98-003, 388-98-010, 388-98-015, 388-98-020, 388-98-300, 388-98-320, 388-98-330, 388-98-340, 388-98-700, 388-98-750, 388-98-810, 388-98-830, 388-98-870 and 388-98-890; and amending WAC 388-97-005, 388-97-043, 388-97-07005, 388-97-07040, 388-97-07050, 388-97-076, 388-97-160, 388-97-162, 388-97-180, 388-97-202, 388-97-205, 388-97-260, 388-97-285, 388-97-35040, 388-97-565, 388-97-570, 388-97-575, 388-97-580, 388-97-585, and 388-97-595.

Statutory Authority for Adoption: RCW 18.51.070, 74.42.620.

Adopted under notice filed as WSR 02-07-116 on March 20, 2002.

Changes Other than Editing from Proposed to Adopted Version: (a) WAC 388-97-043(2), changed "outcome of the appeal" to "outcome of the hearing." Accepted amendment to be consistent with federal regulations; (b) WAC 388-97-043(3), added new subpart (e) "Any review of the administrative law judge's initial decision shall be conducted under WAC 388-02-0600(1)." Accepted amendment to comply with existing federal regulation -- clarification of federal requirement that the department must follow; (c) WAC 388-97-160(4), deleted subsection (4) from this regulation as intent of regulation as a result of public comment; (d) WAC 388-97-160(9), added "including protocols described in RCW 74.39A.060" after "according to established protocols" for clarification of standard practice; (e) WAC 388-97-204, deleted subsection (3)(e) as it is not referred to in RCW 74.34.180. Deletion of this subsection would make it consistent with state regulation; (f) WAC 388-97-595, added new subsection (1)(c) "The nursing home will assist the residents to the extent is directed to do so by the department." This is a result of public comment and to be consistent with the nursing home's responsibility already outlined under WAC 388-97-042 (3)(a) and 388-97-032(6); (g) WAC 388-97-625 (2)(b), deleted "against the nursing home, or" and replaced with "by the department such as." Added before 18.51.054, "a license suspension under RCW" and added before 74.39A.050, "a condition on a license under RCW." Revised as a result of public comment and for clarification; (h) WAC 388-97-625(3), added "If a federal remedy is imposed, the Centers for Medicare and Medicaid services will notify the nursing facility of appeal rights under the federal administrative appeals process." Accepted amendment as clarification of what is already stated in WAC 388-97-620 that nursing homes have a right to appeal the federal deficiency if there is a federal remedy; (i) WAC 388-97-625(6), added "as defined in subsection 2" after "written notification of the department's actions." Accepted as a result of public comment and clarification referring back to definition of action in subsection (2); and (j) WAC 388-97-640 (1)(a), changed from "not limited to but including resident's rights" to "including but not limited to a violation of resident's rights." Accepted amendment as clarification for easier reading.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 2, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 19, Amended 19, Repealed 15.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 21, Amended 20, Repealed 15.
Effective Date of Rule: Thirty-one days after filing.

June 20, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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 02-16 issue of the Register.

Washington State Code Reviser's Office