Hearing Location(s): On July 8, 2025, at 10:00 a.m., virtually via Teams or call in. See the department of social and health services (DSHS) website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, beginning noon on May 7, 2025, by 5:00 p.m. on July 8, 2025.

Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, fax 360-664-6185, 711 relay service, email shelley.tencza@dshs.wa.gov, by 5:00 p.m. on June 24, 2025.

Add new sections to chapter 388-76 WAC; and amend WAC 388-76-10000 Definitions, 388-76-10980 Remedies—Specific—Stop placement—Admissions prohibited, 388-78A-2020 Definitions, 388-78A-2390 Resident records, 388-78A-2440 Resident register, 388-78A-2450 Staff, 388-78A-2600 Policies and procedures, 388-2610 Infection control, 388-78A-2660 Resident rights, 388-78A-2700 Emergency and disaster preparedness, 388-78A-2730 Licensee's responsibilities, 388-78A-2930 Communication system, 388-97-0001 Definitions, 388-97-0180 Resident rights, 388-97-0520 Access and visitation rights, 388-97-1640 Required notification and reporting, 388-97-1740 Disaster and emergency preparedness, 388-97-2300 Telephones on resident care units, 388-97-4320 Relocation of residents, 388-107-0001 Definitions, 388-107-0570 Resident records—System, 388-107-1010 Telephone on resident care units, 388-107-1430 Enforcement authority, penalties and sanctions, and 388-107-1600 Emergency disaster plan.

Reasons Supporting Proposal: The purpose of the proposed rule making is to bring long-term care facility setting WAC into compliance with SHB 1218, chapter 159, Laws of 2021. This rule making includes adding definitions, updating visitation policies, expanding the definitions and examples of emergencies and disasters, expanding communication avenues for residents, their care teams and families, the staff, and community partners, and further protecting residents by requiring facilities to post stop placement notices where they can easily be seen.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Amy Grimsley, P.O. Box 45600, Olympia, WA 98504, phone 360-725-2488, 711 relay service, email rcsolicy@dshs.wa.gov[rcspolicy@dshs.wa.gov].

Chapter 19.85 RCW, The Regulatory Fairness Act, requires that the economic impact of proposed regulations be analyzed in relation to small businesses. The statute defines small businesses as those business entities that employ 50 or fewer people and are independently owned and operated.

DSHS has analyzed the proposed rule amendments and has determined that small businesses will be impacted by these changes, with some costs considered "more-than-minor" and disproportionate to small businesses.

When proposed rule changes cause more-than-minor costs to small businesses, the Regulatory Fairness Act requires an analysis that compares these costs between small businesses and the largest 10 percent of businesses.

We can assume that the cost does not vary depending on the size of the business. However, because larger businesses are generally able to absorb costs more easily, the impact may be felt more disproportionately by small businesses. Costs associated with updating and maintaining the emergency and disaster plans may impact smaller businesses more than their larger counterparts. For example, $400 for updating and maintaining disaster and emergency plans would be more burdensome to a smaller business than a larger business.

While DSHS cannot directly mitigate disproportionate costs for the smaller businesses, the increase in requirements will add to the safety of the residents and the ability for the facility to respond to disasters and emergencies. DSHS assumes that this added safety will increase the residents' health and safety as well as quality of life.

DSHS has considered the impact of proposed rules in chapter 388-76 WAC, Adult family home minimum licensing requirements; chapter 388-78A WAC, Assisted living facilities licensing rule; chapter 388-97 WAC, Nursing homes; and chapter 388-107 WAC, Licensing requirements for enhanced services facilities.

To comply with the Regulatory Fairness Act, DSHS analyzed impacts on small businesses and proposed ways to mitigate costs considered more-than-minor and disproportionate, and concluded that the probable costs of the proposed rule do not exceed the probable benefits.

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 25-12 issue of the Register.