WSR 09-20-062



(Aging and Disability Services Administration)

[ Filed October 2, 2009, 2:33 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-14-070.

     Title of Rule and Other Identifying Information: The department is amending WAC 388-97-0001 Definitions, 388-97-0100 Utilization review, 388-97-0280 Advance directives, 388-97-0580 Roommates/room, 388-97-0720 Notification of preliminary finding, 388-97-1400 Tuberculosis-testing method -- Required, 388-97-1440 Tuberculosis -- No skin testing, 388-97-1460 Tuberculosis -- One step testing, 388-97-1480 Tuberculosis -- Two step skin testing, 388-97-1500 Tuberculosis -- Positive test result, 388-97-1520 Tuberculosis -- Negative test result, 388-97-1540 Tuberculosis -- Declining a skin test, 388-97-1560 Tuberculosis -- Reporting required, 388-97-1580 Tuberculosis -- Test records, 388-97-1600 Care of residents with active tuberculosis, 388-97-1800 Criminal history disclosure and background inquiries, 388-97-1820 Disqualification from nursing home employment, 388-97-1900 Dialysis services provided in nursing home, 388-97-2060 New construction compliance, 388-97-2280 Call systems on resident care units, 388-97-4200 Department review of initial nursing home license applications, 388-97-4220 Reasons for denial, suspension, modification, revocation of, or refusal to renew a nursing home license, 388-97-4320 Relocation of residents, 388-97-4340 License relinquishment, 388-97-4440 Notice and appeal rights, and other related rules as appropriate.

     The department is proposing new sections WAC 388-97-0725 Notice to others of preliminary findings, 388-97-1910 Dialysis services provided outside of nursing home, 388-97-4165 Application -- Liability insurance required, 388-97-4166 Liability insurance required -- Ongoing, 388-97-4167 Liability insurance required -- Commercial general liability insurance or businesses liability insurance coverage, 388-97-4168 Liability insurance required -- Professional liability insurance coverage, 388-97-4425 Notice -- Service complete, and 388-97-4430 Notice -- Proof of service.

     The department is proposing to repeal sections WAC 388-97-1420 Tuberculosis -- Mantoux skin testing, 388-97-3820 Stairways, ramps, and corridors in new construction, and removing incorrect statutory authority reference 42 C.F.R. 489.52. in the footnote in all sections of chapter 388-97 WAC.

     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 it consistent with current laws and standards. Also to remove an incorrect statutory authority reference in the footnote. The anticipated effects are to make the rule clearer, easier to read, understand and apply.

     Highlights of proposed changes:

Editorial and housekeeping changes in the following sections: Definitions, utilization, call systems, new construction, notice and appeal rights, advance directives.
To be consistent with chapter 521, Laws of 2009, E2SSB 5688 clarified that domestic partners could share a room.
Clarified tuberculosis requirements to be consistent with current standards.
Clarified when notice is considered complete and proof of notice.
Consolidated disqualifying crime lists to make home and community services and RCS lists consistent.
Clarified dialysis services provided in the nursing home and those provided outside the home.
Added liability insurance requirement to rule.
Clarified that nursing home may not need to relinquish license and cease operations if residents are relocated due to natural disasters.
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.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: Chapters 18.51 and 74.42 RCW.

     Statute Being Implemented: Chapters 18.51 and 74.42 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: Lisa N.H. Yanagida, P.O. Box 45600, Olympia, WA 98513, (360) 725-2589; 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 Lisa N.H. Yanagida, Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2589, 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 Lisa N.H. Yanagida, Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2589, fax (360) 438-7903, e-mail

September 30, 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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