WSR 14-05-074
(Aging and Long-Term Support Administration)
[Filed February 18, 2014, 10:41 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-170.
Title of Rule and Other Identifying Information: The department is adding new sections and amending the following sections in chapter 388-97 WAC, Nursing homes: WAC 388-97-0001 Definitions, 388-97-1790 Background checks-General (new section), 388-97-1800 Criminal history disclosure and background inquiries, 388-97-1820 Disqualification from nursing home employment, and 388-97-4220 Reasons for denial, suspension, modification, revocation of, or refusal to renew a nursing home license.
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on April 22, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than April 23, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on April 22, 2014.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 1, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending these rules to support the health and safety of residents living in residential settings, to consolidate various secretary's lists in the aging and long-term support administration (ALTSA) thus providing a uniform background check standard for all caregivers, and to reduce the overall costs of processing background checks.
In chapter 388-97 WAC, the disqualifying criminal convictions have been moved to a new chapter, with pending charges added. This requires the amending of the nursing home rules to remove the disqualifying crimes from each applicable section, amend the language to support the reference to the new chapter, and to clarify amendments to the negative actions.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 74.39A.056, chapters 18.51 and 74.42 RCW.
Statute Being Implemented: RCW 74.39A.056, 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: Jeanette K. Childress, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2591; Implementation and Enforcement: Lori Melchiori, P.O. Box 45600, Olympia, WA 98504-5600, (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 Jeanette Childress, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, e-mail Under RCW 19.85.025(3), a small business economic impact statement is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or regulations.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jeanette Childress, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, e-mail
February 13, 2014
Katherine I. Vasquez
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 14-06 issue of the Register.