WSR 16-11-089

PREPROPOSAL STATEMENT OF INQUIRY

[Filed May 17, 2016, 12:50 p.m.]

Subject of Possible Rule Making: The department is proposing to add new, repeal, and amend sections in chapter 388-107 WAC, Licensing requirements for enhanced services facilities: WAC 388-107-0001, 388-107-1205, 388-107-1210, 388-107-1215, 388-107-1220, 388-107-1230, 388-107-1240, 388-107-1250, 388-107-1252, 388-107-1260, 388-107-1270, 388-107-1280, 388-107-1290, 388-107-1300, 388-107-1310, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 70.97, 43.20A, 43.43, and 74.39A RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose for the changes is to consolidate the negative actions and character, competence, and suitability rules related to background checks for home and community services, residential care services, and developmental disabilities administration (DDA). The consolidated list will provide better clarity and understanding for the public and contracted entities, reduce the amount of WAC language, and help preserve the health and safety of our clients.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DDA and the aging and long-term support administration will collaborate and coordinate with the DSHS background check central unit to consolidate and coordinate rules related to negative actions and character, competence, and suitability reviews including WAC such as chapters 388-06, 388-71, 388-76, 388-78A, 388-97, 388-101, 388-825 WAC, and other chapters as may be necessary.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Claudia Baetge, Long-Term Care Policy Program Manager, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2589, fax (360) 438-7903, e-mail baetgcf@dshs.wa.gov.

May 16, 2016

Katherine I. Vasquez

Rules Coordinator