PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed August 21, 2018, 2:42 p.m.]
Subject of Possible Rule Making: The department is considering amending chapter 388-76 WAC, Adult family home minimum licensing requirements, including WAC 388-76-10510 Resident rights—Basic rights, 388-76-10515 Resident rights—Exercise of rights, 388-76-10520 Resident rights—General notice, 388-76-10522 Resident rights—Notice—Policy on accepting medicaid as a payment source, 388-76-10525 Resident rights—Description, 388-76-10530 Resident rights—Notice of services, 388-76-10532 Resident rights—Standardized disclosure of services form, 388-76-10540 Resident rights—Disclosure of fees and charges—Notice requirements—Deposits, 388-76-10545 Resident rights—Admitting and keeping residents, 388-76-10555 Resident rights—Financial affairs, 388-76-10560 Resident rights—Adult family home management of resident financial affairs, 388-76-10561 Resident rights—Resident security deposit account, 388-76-10565 Resident rights—Adult family home system for management of resident financial affairs, 388-76-10585 Resident rights—Examination of inspection results, 388-76-10600 Resident rights—Mail and telephone privacy, 388-76-10615 Resident rights—Transfer and discharge, 388-76-10685 Bedrooms, 388-76-10695 Building codes—Structural requirements, 388-76-10700 Building official—Inspection and approval, 388-76-10710 Construction and remodeling—Relocation of residents, 388-76-10720 Electronic monitoring equipment—Audio monitoring and video monitoring, 388-76-10735 Kitchen facilities, 388-76-10750 Safety and maintenance, 388-76-10765 Storage, 388-76-10770 Telephones, 388-76-10784 Water hazards—Fences, gates and alarms, 388-76-10795 Windows, 388-76-10800 Adult family home located outside of public fire protection, 388-76-10805 Automatic smoke detectors, 388-76-10810 Fire extinguishers, 388-76-10830 Emergency and disaster plan—Required, 388-76-10835 Elements of an emergency and disaster plan, 388-76-10840 Emergency food supply, 388-76-10850 Emergency medical supplies, 388-76-10870 Resident evacuation capability levels—Identification required, 388-76-10885 Elements of emergency evacuation floor plan, 388-76-10890 Posting the emergency evacuation floor plan—Required, 388-76-10895 Emergency evacuation drills—Frequency and participation, 388-76-10900 Documentation of emergency evacuation drills—Required, 388-76-10905 Emergency evacuation—Notification of department required, and other related rules as may be required. The department may also develop new rule sections related to discharge and transfer notice and compliance with 42 C.F.R. 441.302.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.128
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has worked collaboratively with external and internal stakeholders in the revisions to chapter 388-76 WAC to accomplish the following: To protect the health and safety of residents in adult family homes; clarify language as requested by adult family home business owners, department staff, and those affiliated with adult family homes; as well as, updating to reflect current issues identified by adult family home business owners, individuals affiliated with the adult family home business, and department staff.
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 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 Libby Wagner, 20425 72nd Avenue South, Kent, WA 98032, phone 253-234-6061, email WagneE@dshs.wa.gov.
August 21, 2018
Katherine I. Vasquez