SOCIAL AND HEALTH SERVICES

(Home and Community Living Administration)

[Filed November 25, 2025, 8:58 a.m.]

Preproposal statement of inquiry was filed as WSR 22-04-046.

Title of Rule and Other Identifying Information: The proposed rules make changes to chapter 388-76 WAC, Adult family home minimum licensing requirements; chapter 388-78A WAC, Assisted living facility licensing rules; chapter 388-97 WAC, Nursing homes; and chapter 388-107 WAC, Licensing requirements for enhanced services facilities: New WAC 388-76-10231 Resident roster and complete contact information, 388-97-1645 Resident roster and complete contact information, and 388-107-0565 Resident roster and complete contact information; and amending WAC 388-76-10000 Definitions, 388-76-10320 Resident record—Content, 388-76-10980 Remedies—Specific—Stop placement—Admissions prohibited, 388-78A-2020 Definitions, 388-78A-2410 Content of resident records, 388-78A-2440 Resident register, 388-78A-3200 Progression of enforcement remedies, 388-97-0001 Definitions, 388-97-0240 Resident decision making, 388-97-0260 Informed consent, 388-97-0280 Advance directives, 388-97-0300 Notice of rights and services, 388-97-0340 Protection of resident funds, 388-97-0360 Privacy and confidentiality, 388-97-0420 Work, 388-97-0480 Examination of survey results, 388-97-0580 Roommates/rooms, 388-97-0860 Resident dignity and accommodation of needs, 388-97-0880 Environment, 388-97-0900 Self determination and participation, 388-97-1720 Clinical records, 388-97-4540 Stop placement, 388-107-0001 Definitions, 388-107-0560 Resident records—Clinical records, and 388-107-1430 Enforcement authority—Penalties and sanctions.

Hearing Location(s): On January 27, 2026, 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.

Date of Intended Adoption: Not earlier than January 28, 2026.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning noon on November 26, 2025, by 5:00 p.m. on January 27, 2026.

Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by 5:00 p.m. on January 13, 2024 [2026].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules implement sections of SHB 1218, chapter 159, Laws of 2021, which:

Reasons Supporting Proposal: This rule making is necessary to implement sections of SHB 1218, chapter 159, Laws of 2021.


•	Requires facilities to create and regularly maintain a resident roster and complete contact information and respond to requests from the long-term care ombuds within specified time frames.
•	Requires facilities to post stop placement orders in a conspicuous place.
•	Replaces "his or her" with gender-neutral terms.
•	Defines "resident representative" (applied in this rule making to adult family homes, nursing homes, and enhanced services facilities, which do not currently have a statutory definition).

Statutory Authority for Adoption: RCW 18.20.090, 18.51.070, 70.97.230, 70.128.040, and chapter 70.129 RCW.

Statute Being Implemented: Chapter 74.39 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Colleen Jensen, P.O. Box 45600, Olympia, WA 98504, 360-725-2300.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is not a significant rule as defined in RCW 34.05.328 (5)(b)(iii): Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Explanation of exemptions: This rule is not a significant rule as defined in RCW 34.05.328 (5)(b)(iii): Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Scope of exemption for rule proposal:

Katherine I. Vasquez

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 26-01 issue of the Register.