WSR 09-21-094



(Aging and Disability Services Administration)

[ Filed October 20, 2009, 12:59 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-14-068.

     Title of Rule and Other Identifying Information: The department is amending and creating new sections to chapter 388-101 WAC, Certified community residential services and supports.

     The department is proposing amendments to WAC 388-101-3060 Change of ownership, 388-101-3080 The department may deny -- Application, 388-101-3090 The department must deny -- Application, 388-101-3250 Background checks, 388-101-3520 Client related funds, 388-101-4010 Community protection -- Written individual plan, 388-101-4170 Mandating reporting policies and procedures, 388-101-4270 Notice of preliminary finding, 388-101-4280 Reporting preliminary findings, 388-101-4290 Disputing a preliminary finding, 388-101-4300 Disclosure of investigative and finding information, 388-101-4310 Hearing procedures to dispute a preliminary finding, 388-101-4320 Appeal of the administrative law judge's preliminary order on a finding, 388-101-4330 Finalizing a preliminary finding, and 388-101-4340 Reporting final findings.

     The department is proposing new sections WAC 388-101-3055 Application for initial certification -- Liability insurance required, 388-101-3165 Access to certification evaluation report and plan of correction, 388-101-3205 Liability insurance required -- Ongoing, 388-101-3206 Liability insurance required -- Commercial general liability insurance or business liability insurance coverage, 388-101-3207 Liability insurance required -- Professional liability insurance coverage, 388-101-3372 Medical devices, 388-101-4269 Individual defined, 388-101-4350 Notice -- Service complete, and 388-101-4360 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 make editorial and clarifying changes and to make the rules consistent with current law and standards. The anticipated effects are to make the rules clearer, easier to read, understand and apply.

     Highlights of proposed changes:

     •     Editorial and housekeeping changes in the following sections: Title for mandated reporting policies and procedures; and notice and appeal rights.

     •     Clarifies when notice is considered complete and what constitutes proof of notice.

     •     Clarifies that the service provider is responsible to implement, not develop the treatment plan required for clients in the community protection program (CPP).

     •     Eliminates from this chapter CPP treatment plan rules that are not service provider requirements but that are CPP program requirements in chapter 388-831 WAC.

     •     Clarifies when the department may or must deny an application for certification.

     •     Clarifies that individuals who are on a state registry with a finding of abuse, neglect, financial exploitation, or abandonment cannot have unsupervised access to clients.

     •     Adds existing liability insurance contract requirements to rule.

     •     Clarifies requirements for ensuring that common household expenses are shared equitably among clients living in the same household.

     •     Clarifies that group home providers applying for a change of ownership must also meet applicable adult family home or boarding home licensing requirements for change of ownership.

     •     Adds a section to clarify that certification evaluation reports and plans of correction must be made available upon request.

     •     Adds a section regarding requirements for the safe use of medical devices.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 71A.12.080.

     Statute Being Implemented: Chapter 71A.12 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: John Gaskell, P.O. Box 45600, Olympia, WA 98513, (360) 725-3210; Implementation and Enforcement: Joyce Stockwell, P.O. Box 45600, Olympia, WA 98513, (360) 725-2401.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCS analyzed the proposed amendments and concludes that costs to small businesses will be minor, if there are any costs at all. The primary purpose of the proposed amendments is to make editorial and clarifying changes and to make the rules consistent with current laws and standards. As a result, the preparation of a small business economic impact statement is not required.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting John Gaskell, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3210, fax (360) 438-7903, e-mail

October 15, 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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