WSR 09-20-061



(Aging and Disability Services Administration)

[ Filed October 2, 2009, 2:28 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-14-069.

     Title of Rule and Other Identifying Information: The department is amending and creating new sections to chapter 388-78A WAC regarding boarding home rules. The department is proposing amendments to WAC 388-78A-2060 Preadmission assessment, 388-78A-2300 Food and nutrition services, 388-78A-2440 Resident register, 388-78A-2470 Criminal history disclosure and background checks, 388-78A-2480 Tuberculosis -- Testing -- Required, 388-78A-2520 Administrator qualifications -- General, 388-78A-2540 Administrator requirements, 388-78A-2590 Management agreements -- General, 388-78A-2910 Applicable building codes, 388-78A-3030 Toilet rooms and bathrooms, 388-78A-3190 Denial, suspension, revocation, or nonrenewal of license statutorily required, 388-78A-3410 Resident protection program -- Notice to the individual of preliminary finding, 388-78A-3420 Resident protection program -- Notice to others of preliminary findings, 388-78A-3430 Resident protection program -- Disputing a preliminary finding, 388-78A-3450 Resident protection program -- Finalizing a preliminary finding, 388-78A-3460 Resident protection program -- Appeal of initial order, 388-78A-3470 Resident protection program -- Reporting final findings, and 388-78A-3480 Resident protection program -- Disclosure of investigative and finding information.

     The department is proposing new sections WAC 388-78A-2481 Tuberculosis -- Testing method -- Required, 388-78A-2482 Tuberculosis -- No testing, 388-78A-2483 Tuberculosis -- One step testing, 388-78A-2484 Tuberculosis -- Two step skin testing, 388-78A-2485 Tuberculosis -- Positive test result, 388-78A-2486 Tuberculosis -- Negative test result, 388-78A-2487 Tuberculosis -- Declining a skin test, 388-78A-2488 Tuberculosis -- Reporting -- Required, 388-78A-2489 Tuberculosis -- Test records, 388-78A-2521 Certification of training, 388-78A-2522 Administrator qualifications -- Prior to 2004, 388-78A-2523 Administrator qualification -- NH administrator license, 388-78A-2524 Administrator qualifications -- Certification of training and three years experience, 388-78A-2525 Administrator qualifications -- Associate degree, certification of training, and two years experience, 388-78A-2526 Administrator qualifications -- Bachelor's degree, certification of training and one year experience, 388-78A-2527 Administrator qualifications -- Five years experience, 388-78A-2592 Management agreements -- Licensee, 388-78A-2593 Management agreements -- Terms of agreement, 388-78A-2594 Management agreements -- Department review, 388-78A-2595 Management agreements -- Resident funds, 388-78A-2665 Resident rights -- Notice -- Policy on accepting medicaid as a payment source, 388-78A-2731 Application -- Liability insurance required, 388-78A-2732 Liability insurance required -- Ongoing, 388-78A-2733 Liability insurance required -- Commercial general liability insurance or business liability insurance coverage, 388-78A-2734 Liability insurance required -- Professional liability insurance coverage, 388-78A-3390 Resident protection program -- Individual defined, 388-78A-4000 Notice -- Service complete, and 388-78A-4010 Notice -- Proof of service.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at or by calling (360) 664-6094), on December 8, 2009, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than December 9, 2009.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5 p.m. on December 8, 2009.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 24, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of amending these rules is to consider making editorial and clarifying changes and to make these rules consistent with current law and standards. The anticipated effects are to make the rule clearer, easier to read, understand and apply.

Editorial and housekeeping changes in the following sections: Preadmission assessment, food and nutrition services, resident register, toilet rooms and bathrooms.
Added disclosure requirement regarding the facility's policy on accepting medicaid payments to be consistent with RCW 18.20.440 and SSB 6009.
Clarified tuberculosis requirements to be consistent with current standards.
Clarified when notice is considered complete and proof of notice.
Consolidated disqualifying crime lists.
Added liability insurance requirement to rule.
Clarified management agreement requirements.
Clarified resident protection program requirements.
Clarified that new construction must comply with rules in effect at the time of plan approval except in cases where resident health and safety may be jeopardized.
Chunked large administrator qualifications section into smaller sections.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 18.20.090.

     Statute Being Implemented: Chapter 18.20 RCW.

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

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Judy Johnson, P.O. Box 45600, Olympia, WA 98513, (360) 725-2591; Implementation and Enforcement: Lori Melchiori, P.O. Box 45600, Olympia, WA 98513, (360) 725-2404.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     See Reviser's note below.

     A copy of the statement may be obtained by contacting Judy Johnson, Boarding Home Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, fax (360) 438-7903, e-mail

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Judy Johnson, Boarding Home Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, fax (360) 438-7903, e-mail

October 1, 2009

Stephanie E. Vaughn

Rules Coordinator

     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 09-22 issue of the Register.

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