WSR 17-06-069 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Aging and Long-Term Support Administration) [Filed March 1, 2017, 9:08 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-22-038.
Title of Rule and Other Identifying Information: The department is proposing to create WAC 388-102-0100 Online registration, contained in a new chapter 388-102 WAC, Online registration of continuing care retirement communities (CCRC).
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on April 4, 2017, at 10:00 a.m.
Date of Intended Adoption: Not earlier than April 5, 2017.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., April 4, 2017.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by March 21, 2017, phone (360) 664-6092, TTY (360) 664-6178, or email KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule will establish consistent application and registration requirements for the continuing care retirement community online state registry. The proposed rule will require an entity to submit a completed application with required documentation and pay a registration fee in order to become registered as a continuing care retirement community.
Reasons Supporting Proposal: Legislation that passed in 2016 requires the department of social and health services (DSHS) to create an online registry and a collect a registration fee for CCRCs operating in the state of Washington effective July 1, 2017.
Statutory Authority for Adoption: RCW 43.17.060, 18.390.40 [18.390.040].
Statute Being Implemented: SSHB [2SHB] 2726, chapter 183, Laws of 2016.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: HB [2SHB] 2726 directed the department in section 4 (1)(a) to require submission of a complete application, and in (c) to establish and collect a fee. Section 2(2) allows an applicant to appeal [a] decision by the department to deny an applicant registration.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Teri Smistad, 4450 10th Avenue S.E., Lacey, WA 98503, (360) 725-2394; Implementation and Enforcement: Eric Mandt, 4450 10th Avenue S.E., Lacey, WA 98503, (360) 725-2579.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rule and concluded that no new costs will be imposed on small businesses or small nonprofit organizations.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule are [is] exempt under RCW 34.05.328 (5)(b)(iii), rules adopting or incorporating by reference Washington state statutes.
February 23, 2017
Katherine I. Vasquez
Rules Coordinator
Chapter 388-102 WAC
ONLINE REGISTRATION OF CONTINUING CARE RETIREMENT COMMUNITIES (CCRC) NEW SECTION
WAC 388-102-0100 Online registration.
(1) The department of social and health services business analysis and applications unit (BAAU) will establish an online registration as required by chapter 18.390 RCW.
(2) To be eligible to be registered as a continuing care retirement community (CCRC) and listed on the state aging and long-term support administration (ALTSA) CCRC online registry, an entity must:
(a) Complete the application; and
(b) Pay the registration fee.
(3) A CCRC must register with the state and pay the required fee every two years.
(4) At the time of the application for or renewal of a CCRC registration, the entity must pay a registration fee. Beginning July 1, 2017, the registration fee must be established in the omnibus appropriations act and any amendment or additions made to that act.
(5) An applicant may appeal agency denials of an application for CCRC registration.
(a) Appeals to the department must be made in writing within thirty days of the department's denial.
(b) Appeals should be sent to the office of administrative hearings.
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