WSR 18-07-079

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 19, 2018, 1:10 p.m.]

Subject of Possible Rule Making: The department is planning to amend WAC 388-97-4425 Notice—Service complete, 388-97-4430 Notice—Proof of service, 388-97-4440 Appeal rights, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.42.620.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments to WAC 388-97-4425 and 388-97-4430 will clarify that notices can be delivered and that proof of service can be obtained electronically through the federal web site.

Reports or notices regarding deficiencies cited under the Washington Administrative Code (WAC) are now delivered to facilities through a federal web site. Amendment of WAC 388-97-4440 will clarify the nursing home's right to appeal WAC deficient findings under the state appeal process, regardless of the delivery method of the deficiency report.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The department invites the interested public to review and provide input on the draft language of this rule. Draft material and information about how to participate may be obtained from the department representative listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lisa Herke, Nursing Home Policy Program Manager, P.O. Box 45600, Olympia, WA 98504, phone 509-225-2819, fax 360-438-7903, email lisa.herke@dshs.wa.gov.

Additional comments: Draft section language will be posted on aging and long-term support administration's professional internet web page for review and comment prior to filing the CR-102. Anyone from the public can comment directly to the program manager listed above via phone, email or fax.

March 19, 2018

Katherine I. Vasquez

Rules Coordinator