WSR 07-21-121

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 23, 2007, 8:46 a.m. ]

     Subject of Possible Rule Making: The department is amending WAC 388-97-07015 Protection of resident funds, 388-97-147 Surveillance, management and early identification of individuals with active tuberculosis, 388-97-155 Care of residents with active tuberculosis, 388-97-162 Required notification and reporting, 388-97-347 Laundry services and storage, 388-97-555 Nursing home license renewal, 388-97-965 Department review of nursing home license renewals, 388-97-595 Relocation of residents, 388-97-625 Notice and appeal rights and 388-97-29510 New construction compliance, and possible other sections in chapter 388-97 WAC.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 18.51 RCW, Nursing homes; chapter 74.42 RCW, Nursing homes -- Resident care, operating standards; 42 C.F.R. 489.52.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department intends to make the following amendments:

To change outdated references throughout chapter 388-97 WAC to reflect current administration name, state building codes and international codes, and standards for respiratory protection;
To make all WAC sections five digit numbers for clearer order and reference;
To add language to be consistent with federal requirements;
To add language to be consistent with national standards of tuberculosis testing;
To add language to clarify laundry system standards;
To delete and update sections on department review of nursing home renewal licenses to be consistent with current department process;
To clarify new construction preoccupancy process;
To add language on electronic monitoring to be consistent with the department policy; and
To chunk the sections into smaller sections for ease of reading and reference.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services.

     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 Judy Johnson, Residential Care Services, Aging and Disability Services Administration, Department of Social and Health Services, P.O. Box 45600, Olympia, WA 98513, phone (360) 725-2591, fax (360) 438-7903, TTY 1-877-905-0454, e-mail johnsjm1@dshs.wa.gov.

October 23, 2007

Stephanie E. Schiller

Rules Coordinator

© Washington State Code Reviser's Office