WSR 18-11-069

PREPROPOSAL STATEMENT OF INQUIRY

[Filed May 15, 2018, 10:13 a.m.]

Subject of Possible Rule Making: The department is planning to add new sections and amend existing sections in chapter 388-78A WAC, including WAC 388-78A-3140, 388-78A-3150, 388-78A-3152, 388-78A-3160, 388-78A-3170, 388-78A-3180, 388-78A-3190, 388-78A-3200, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 18.20 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is planning to amend chapter 388-78A WAC as required to assure compliance with requirements of HB [EHB] 2750 passed by the 2018 legislature. HB [EHB] 2750 requires a "tiered sanction grid that considers the extent of harm from the deficiency and the regularity of the occurrence of the deficiency when imposing civil fines." In addition, it requires that "all receipts from civil penalties imposed under this chapter must be deposited in the assisted living facility temporary management account created in RCW 18.20.430." This will require changes to the additional enforcement sections listed.

Process for Developing New Rule: The department of social and health services (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 Jeanette Childress, Policy Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone 360-725-2591, fax 360-407-1976, email childjk@dshs.wa.gov, web site https://www.dshs.wa.gov/altsa.

May 15, 2018

Katherine I. Vasquez

Rules Coordinator