WSR 16-05-046 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Aging and Long-Term Support Administration) [Filed February 10, 2016, 4:06 p.m., effective February 19, 2016] Effective Date of Rule: February 19, 2016.
Purpose: The change to requiring lockable doors in assisted living facilities went into effect on July 1, 2015, when WAC 388-110-222 and 388-110-242 went into effect by emergency rule filing WSR 15-14-082. Current emergency rules will expire on February 19, 2016. Since permanent rules will not be in effect by that date, the emergency rules need to be extended. This is the only way that medicaid clients can stay in these facilities and receive payment through community first choice which the legislature directed the department to implement. It is necessary for the immediate health, safety and welfare for those residents so that they can remain in the facility and not have to move.
Statutory Authority for Adoption: RCW 74.39A.010.
Other Authority: RCW 74.39A.010.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and 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: To comply with federal rules. The department has proceeded with the permanent rule-making process. The department has not filed [a] CR-103P yet since these rules involve coordinating the timing of the effective date with another division.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 2, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.
Date Adopted: February 4, 2016.
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.
|