WSR 11-21-032

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 11, 2011, 12:32 p.m. , effective October 21, 2011 ]


Effective Date of Rule: October 21, 2011.

Purpose: The department is extending emergency rules (previously filed as WSR 11-14-015) for sections of chapter 388-78A WAC to comply with and be consistent with section 402 of ESHB 1277, Oversight of licensed or certified long-term care settings for vulnerable adults. Section 402 of this new law requires that boarding home license fees be set in the State Omnibus Appropriations Act. It also requires that the license must be issued only to the person who applied for the license and provides details on the expiration date of a license. The law directs that the effective date of these changes is July 1, 2011. The department has taken these steps to adopt the emergency rules as permanent rules: The department has filed an initial public notice (CR-101), WSR 11-13-094 on June 20, 2011. The department has shared drafts of the proposed rules with stakeholders. The department has filed a proposed rule notice (CR-102), WSR 11-17-134 on August 24, 2011, with a public hearing date of October 11, 2011. However, the department needs to file an emergency extension since the permanent rules will not be in effect in time.

Citation of Existing Rules Affected by this Order: Amending WAC 388-78A-2750, 388-78A-2800, and 388-78A-3230.

Statutory Authority for Adoption: Chapter 18.20 RCW.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The legislature has passed ESHB 1277 which requires the license fee to be set in the State Omnibus Appropriations Act. It also requires that the license must be issued only to the person who applied for the license and provides details on the expiration date of a license. The effective date of this change is July 1, 2011. This does not allow the department enough time to adopt rules through the regular rule adoption process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: October 6, 2011.

Katherine I. Vasquez

Rules Coordinator

-4309.1
AMENDATORY SECTION(Amending WSR 10-16-085, filed 7/30/10, effective 1/1/11)

WAC 388-78A-2750   Application process.   To apply for a boarding home license, a person must:

(1) Submit to the department a complete license application on forms designated by the department at least ninety days prior to the proposed effective date of the license;

(2) Submit all relevant attachments specified in the application;

(3) Submit department background authorization forms as required in WAC 388-78A-2462 and 388-78A-2463;

(4) Sign the application;

(5) Submit the license fee as specified in WAC 388-78A-3230;

(6) Submit verification that construction plans have been approved by construction review services;

(7) Submit a revised application before the license is issued if any information has changed since the initial license application was submitted;

(8) Submit a revised application containing current information about the proposed licensee or any other persons named in the application, if a license application is pending for more than one year; and

(9) If the licensee's agent prepares an application on the licensee's behalf, the licensee must review, sign and attest to the accuracy of the information contained in the application.

(10) A license must be issued only to the person who applied for the license.

(11) A license may not exceed twelve months in duration and expires on a date set by the department.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. 10-16-085, 388-78A-2750, filed 7/30/10, effective 1/1/11. Statutory Authority: RCW 18.20.090 (2004 c 142 19) and chapter 18.20 RCW. 04-16-065, 388-78A-2750, filed 7/30/04, effective 9/1/04.]


AMENDATORY SECTION(Amending WSR 04-16-065, filed 7/30/04, effective 9/1/04)

WAC 388-78A-2800   Changes in licensed bed capacity.   To change the licensed bed capacity in a boarding home, the boarding home must:

(1) Submit a completed request for approval to the department at least one day before the intended change;

(2) Submit the prorated fee ((required according to WAC 388-78A-3230)); and

(3) Post an amended license obtained from the department, indicating the new bed capacity.

[Statutory Authority: RCW 18.20.090 (2004 c 142 19) and chapter 18.20 RCW. 04-16-065, 388-78A-2800, filed 7/30/04, effective 9/1/04.]


AMENDATORY SECTION(Amending WSR 10-21-036, filed 10/12/10, effective 10/29/10)

WAC 388-78A-3230   Fees.   The boarding home must:

(1) Submit an annual per bed license fee ((of one hundred six dollars per bed of the licensed resident bed capacity as determined by and in accordance with RCW 18.20.050)) based on the licensed bed capacity and as established in the omnibus appropriation act and any amendment or addition made to that act;

(2) ((Submit an additional one hundred fifty dollars when billed by the department for:

(a) A third on-site visit required by the boarding home's failure to adequately correct problems identified in a statement of deficiencies; and

(b) A full out-of-sequence inspection resulting from information gathered during a complaint investigation.

(3))) Submit an additional late fee in the amount of ten dollars per day from the license renewal date until the date of mailing the fee, as evidenced by the postmark; and

(((4))) (3) Submit to construction review services a fee for the review of the construction documents per the review fee schedule that is based on the project cost.

[Statutory Authority: RCW 18.20.050 and 2010 c 37 206 (19)(a). 10-21-036, 388-78A-3230, filed 10/12/10, effective 10/29/10. Statutory Authority: RCW 18.20.090 (2004 c 142 19) and chapter 18.20 RCW. 04-16-065, 388-78A-3230, filed 7/30/04, effective 9/1/04.]

Washington State Code Reviser's Office