WSR 19-14-100
(Aging and Long-Term Support Administration)
[Filed July 2, 2019, 9:20 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-08-001.
Title of Rule and Other Identifying Information: The department is proposing to add new sections, repeal existing sections, and amend sections in chapter 388-78A WAC, Assisted living facility licensing rules, to update physical plant requirements.
Hearing Location(s): On August 27, 2019, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at
Date of Intended Adoption: Not earlier than August 28, 2019.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., August 27, 2019.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by August 13, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules needed updating to meet the national building code standards for licensed health care facilities of this type. With a moratorium on rule development, DSHS has not been able to keep the rules up-to-date in concert with the changes in building codes, energy efficiency standards, and the structural enhancements associated with this facility type across the nation. The regulatory amendments encompass the technological advances in building design, and the health care industry. This has a positive impact on the developers, architects, facility owners, and residents in new and currently licensed facilities to meet licensing requirements and building code requirements with updated safety standards.
Reasons Supporting Proposal: See purpose statement above.
Statutory Authority for Adoption: Chapters 18.20, 74.39A RCW.
Statute Being Implemented: None.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Jeanette K. Childress, P.O. Box 45600, Olympia, WA 98504-5600, 360-752-2591; and Enforcement: Dina Longen-Grimes, P.O. Box 45600, Olympia, WA 98504-5600, 360-752-2591.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jeanette K. Childress, P.O. Box 45600, Olympia, WA 98504-5600, phone 360-725-2591, email
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Per the small business economic impact statement/cost-benefit analysis, costs are offset by eliminating some of the building requirements, updating building requirements so [to] not have to install dual systems to meet building codes and licensing rules, and with increased electronic monitoring to potentially reduce facility liability, improve energy efficiency, and reduce insurance costs.
A copy of the detailed cost calculations may be obtained by contacting Jeanette K. Childress, P.O. Box 45600, Olympia, WA 98504-5600, phone 360-725-2591, email
June 26, 2019
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 19-15 issue of the Register.