WSR 16-13-153

PREPROPOSAL STATEMENT OF INQUIRY

[Filed June 22, 2016, 11:50 a.m.]

Subject of Possible Rule Making: The department is considering adding new sections, repealing, and amending sections within chapter 388-113 WAC, including WAC 388-113-0005, 388-113-0010, 388-113-0030, 388-113-0040, and subsection (2) of WAC 388-113-0020, and any other related rules as may be required. The department is also considering adding new sections, repealing, and amending sections within chapter 388-71 WAC including WAC 388-71-0500, 388-71-0505, 388-71-0510, 388-71-0512, 388-71-0513, 388-71-0514, 388-71-0515, 388-71-0516, 388-71-0517, 388-71-0523, 388-71-0540, 388-71-0543, 388-71-0544, 388-71-0546, 388-71-0551, 388-71-0553, 388-71-0556, 388-71-0560, 388-71-0839, 388-71-0880, 388-71-0888, 388-71-0975, 388-71-1001, and any other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 General authority of secretary—Rule adoption.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose for making changes is to clarify and consolidate rules related to background checks, disqualifying convictions and negative actions, and character, competence, and suitability (CC&S) determinations for home and community services, residential care services, and the developmental disabilities administration (DDA). The changes will provide better clarity and understanding for the public and contracted entities, reduce the amount of WAC language across programs, and help preserve the health and safety of our clients. Other provisions related to long-term care worker qualifications and a client's choice of provider will also be clarified and consolidated.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The aging and long-term support administration and DDA will collaborate and coordinate with the department of social and health services (DSHS) background check central unit to consolidate and coordinate rules related to background checks, negative actions, and CC&S determinations including chapters 388-06, 388-71, 388-76, 388-78A, 388-97, 388-101, 388-106, 388-107, and 388-825 WAC.

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 Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2495, fax (360) 438-8633, TTY 1-800-833-6388, e-mail angel.sulivan@dshs.wa.gov.

June 21, 2016

Katherine I. Vasquez

Rules Coordinator