WSR 16-01-122 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Aging and Long-Term Support Administration) [Filed December 18, 2015, 9:36 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-06-056.
Title of Rule and Other Identifying Information: The department is adding the following new sections to chapter 388-110 WAC, Contracted residential care services: WAC 388-110-222 Enhanced adult residential care physical requirements and 388-110-242 Adult residential care physical requirements.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), 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 proposing these rules to comply with federal legislation around home and community-based service waivers (42 C.F.R. 441.302).
Reasons Supporting Proposal: These rules are needed to comply with federal regulations.
Statutory Authority for Adoption: Chapter 74.39A RCW.
Statute Being Implemented: Chapter 70.128 RCW.
Rule is necessary because of federal law, 42 C.F.R. 441.302.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting: Christi Pederson, P.O. Box 45600, Olympia, WA 98513, (360) 725-2327; Implementation: Candace Goehring, P.O. Box 45600, Olympia, WA 98513, (360) 725-2401; and Enforcement: Bett Schlemmer, P.O. Box 45600, Olympia, WA 98513, (360) 725-2404.
No small business economic impact statement has been prepared under chapter 19.85 RCW. 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 federal statutes or regulations.
A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(iii), a cost-benefit analysis is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.
December 17, 2015
Katherine I. Vasquez
Rules Coordinator
NEW SECTION
WAC 388-110-222 Enhanced adult residential care physical requirements
Effective July 1, 2015, the contractor must ensure that, at the resident's choice, each resident has the ability to lock his/her unit door, unless otherwise indicated in the resident's NSA.
NEW SECTION
WAC 388-110-242 Adult residential care physical requirements
Effective July 1, 2015, the contractor must ensure that, at the resident's choice, each resident has the ability to lock his/her unit door, unless otherwise indicated in the resident's NSA.
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