WSR 09-16-101

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed August 4, 2009, 12:02 p.m. ]

Subject of Possible Rule Making: The department is considering clarifying and simplifying amendments to the following: WAC 388-76-10035 License requirements -- Multiple family home providers, 388-76-10036 License requirements -- Multiple adult family home management, 388-76-10040 License requirements -- Qualified person must live-in or be on-site, 388-76-10090 Application -- Entity application, 388-76-10105 Application -- Change of ownership, 388-76-10110 Application -- Change of location or address, 388-76-10185 Employment -- Certain conviction history -- Permitted, 388-76-10200 Adult family home -- Staff -- Availability -- Contact information, 388-76-10415 Food services, 388-76-10505 Specialty care -- Admitting and retaining residents, 388-76-10550 Resident rights -- Adult family home staffing -- Notification required, 388-76-10860 Fire drill plan and procedures for emergency evacuation -- Required, 388-76-10950 Remedies -- History and actions by individuals, 388-76-10970 Remedies -- Specific -- Condition(s) on license, 388-76-10975 Remedies -- Specific -- Civil penalties, 388-76-10985 Remedies -- May extend to multiple homes, and other related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of amending these rules is to consider consolidating terms to simplify the rules and for clarity.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Negotiated rule making; and 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 Maureen Lally, Program Manager, DSHS, Residential Care Services, Aging and Disability Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, TTY (877) 905-0454, e-mail Lallyma@dshs.wa.gov. Draft section language will be posted on ADSA professional internet web page for review and comment prior to filing the CR-102. Anyone from the public can comment directly to the program manager listed above via phone, e-mail or fax. Interested parties and stakeholders can participate by accessing and commenting on the draft proposed rule language at http//www.aasa.dshs.wa.gov/professional/afh.htm through e-mail, fax or direct contact with the program manager.

August 4, 2009

Don Goldsby, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office