WSR 15-24-037

PROPOSED RULES

[Filed November 20, 2015, 3:58 p.m.]

Preproposal statement of inquiry was filed as WSR 15-10-041.

Title of Rule and Other Identifying Information: The department is creating WAC 388-107-0945 Resident suicide and self-harm prevention; repealing WAC 388-107-0930 Nursing and nutrition station; and amending WAC 388-107-0001 Definitions, 388-107-0020 Department authority, 388-107-0080 Ongoing comprehensive assessments, 388-107-0100 Enhanced services facility team, 388-107-0110 Initial individual treatment plan, 388-107-0120 Comprehensive individual treatment plan, 388-107-0130 Ongoing comprehensive individual treatment plan, 388-107-0140 Implementation of the individual treatment plan, 388-107-0150 Comprehensive individual treatment plan sent to the state, 388-107-0160 Behavioral support plan, 388-107-0180 Self-determination and participation, 388-107-0190 Rights of residents, 388-107-0200 Quality of care, 388-107-0210 Care and services, 388-107-0240 Staffing ratios, 388-107-0280 Transfer and discharge, 388-107-0370 Treatment services, 388-107-0390 Use of routine psychopharmacologic medications, 388-107-0400 Use of as needed psychopharmacologic medications, 388-107-0410 Management of escalating behaviors, 388-107-0420 Physical restraints for medical purposes only, 388-107-0430 Food services, 388-107-0560 Resident records—Clinical records, 388-107-0770 Environment of care, 388-107-0810 Resident room, 388-107-0830 Resident bathing facilities, 388-107-0890 Outdoor recreation space and walkways, 388-107-0940 Resident safety and suicide prevention, 388-107-0960 Plumbing—Water supply, 388-107-1000 Mechanical—Ventilation systems, and 388-107-1190 Administrator responsibilities.

Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on January 26, 2016, at 10:00 a.m.

Date of Intended Adoption: Not earlier than January 27, 2016.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., January 26, 2016.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by January 12, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending sections of chapter 388-107 WAC in order to address concerns of the Center for Medicare/Medicaid Services (CMS) Home and Community Based Services (HCBS) and stakeholders with operationalization of the requirements stated therein.

Reasons Supporting Proposal: In order to qualify for federal matching funds, the enhanced services facilities (ESF) program must conform to federal CMS HCBS requirements. These federal requirements became effective after the initial ESF rules were adopted. In order to ensure that payments for ESF services will qualify for federal funding under the HCBS requirements, we support the proposed rule amendments.

Statutory Authority for Adoption: RCW 70.97.230.

Rule is necessary because of federal law, HCBS Final Rule 42 C.F.R.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Comments from operations review-statutory language. Comments were incorporated into the rule.

Name of Proponent: Department of social and health services, Penelope Rarick, policy program manager, ALTSA/RCS, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Penelope Rarick, Olympia, (360) 725-3210; and Enforcement: Bett Schlemmer, Olympia, (360) 725-2404.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule does not impact small businesses or small nonprofits.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Penelope Rarick, P.O. Box 45600, Olympia, WA 98504, phone (360) 725-3210, fax (360) 438-7903, e-mail raricpp@dshs.wa.gov.

November 12, 2015

Katherine I. Vasquez

Rules Coordinator