Effective Date of Rule: Thirty-one days after filing.

     Purpose: Chapter 388-78A WAC was amended to make the rule clearer; to eliminate redundancies and inconsistencies with other rules and statutes; to expand options for boarding homes to provide adult day services and thereby create more options for consumers; to respond in part to chapter 505, Laws of 2005, and to create more training options for boarding home administrators.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-78A-2020, 388-78A-2050, 388-78A-2100, 388-78A-2120, 388-78A-2270, 388-78A-2280, 388-78A-2300, 388-78A-2305, 388-78A-2360, 388-78A-2380, 388-78A-2470, 388-78A-2480, 388-78A-2500, 388-78A-2510, 388-78A-2520, 388-78A-2660, 388-78A-2700, 388-78A-2910, 388-78A-2920, 388-78A-2930, 388-78A-2940, 388-78A-2960, 388-78A-2990, 388-78A-3010, 388-78A-3030, 388-78A-3040, 388-78A-3090, 388-78A-3190, and 388-78A-3220.

     Statutory Authority for Adoption: RCW 18.20.090.

      Adopted under notice filed as WSR 05-20-079 on October 4, 2005.

     Changes Other than Editing from Proposed to Adopted Version: "Resident" was deleted from WAC 388-78A-2360 (2)(i). The final rule for WAC 388-78A-2360 (2)(i) reads: "Maintain a record for each adult day services client."

     "Or resident" was deleted from the proposed wording of WAC 388-78A-2660(7). The final rule for WAC 388-78A-2660(7) reads: The boarding home must: (7) "Not allow any staff person to abuse or neglect any resident."

     A final cost-benefit analysis is available by contacting Denny McKee, ADSA Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2590, fax (360) 438-7903, e-mail mckeedd@dshs.wa.gov. There are no changes to the preliminary cost-benefit analysis.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 29, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 29, Repealed 0.

     Date Adopted: December 12, 2005.

Andy Fernando, 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 06-03 issue of the Register.