WSR 99-18-042

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed August 25, 1999, 4:16 p.m. ]

Subject of Possible Rule Making: To repeal and amend sections of WAC 388-15-196 through 388-15-19680 and 388-15-198. Revised sections will be reorganized and moved into chapter 388-71 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: ESHB 1546 and ESHB 1880, not yet codified; RCW 74.08.090 and 74.09.520.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes to these rules are necessary to:

(1) Incorporate provisions of ESHB 1546, Home Care Stabilization Act, which includes the ability to deny family providers as paid individual providers in certain situations, and to take action to suspend or terminate the individual provider contract when the consumer's health, safety, or well-being is in jeopardy or imminent jeopardy;

(2) Incorporate provisions of ESHB 1880, Self Directed Care, relating to provider training; background checks; disclosure of abuse, neglect, abandonment, and financial exploitation; provider registry requirements; and other quality assurance requirements;

(3) Meet regulatory improvement standards, per Executive Order 97-02; and

(4) Develop additional qualifications and requirements for individual providers and home care agency providers.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Aging and Adult Services Administration (AASA) will include the following agencies on mailings: Office of Attorney General, Governor's Committee on Disability Issues and Employment, Health Care Financing Administration.

Process for Developing New Rule: AASA will schedule informal meetings to allow for feedback and comments from the public. AASA will provide draft language before publishing rules and encourage stakeholders to submit written or verbal comments. When AASA files a notice of proposed rule making, we will notify interested parties of the scheduled hearing to adopt and how to submit comments.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Sue McDonough, Aging and Adult Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 407-0331, TTY (360) 493-2637, fax (360) 438-8633, e-mail mcdonsc@dshs.wa.gov.

August 24, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

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