WSR 17-07-119

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 21, 2017, 3:19 p.m.]

Subject of Possible Rule Making: The department is considering amending the following sections in chapter 388-76 WAC, Adult family home minimum licensing requirements: WAC 388-76-10510, 388-76-10515, 388-76-10520, 388-76-10522, 388-76-10525, 388-76-10530, 388-76-10532, 388-76-10540, 388-76-10545, 388-76-10555, 388-76-10560, 388-76-10561, 388-76-10565, 388-76-10585, 388-76-10600, 388-76-10615, 388-76-10685 Bedrooms, 388-76-10695, 388-76-10700, 388-76-10710, 388-76-10720, 388-76-10735, 388-76-10750, 388-76-10765, 388-76-10770, 388-76-10784, 388-76-10795, 388-76-10800, 388-76-10805, 388-76-10810, 388-76-10830, 388-76-10835, 388-76-10840, 388-76-10850, 388-76-10870, 388-76-10885, 388-76-10890, 388-76-10895, 388-76-10900, 388-76-10905, and other related rules as may be required. The department may also develop new rule sections related to discharge and transfer notice and compliance with 42 C.F.R. 441.302.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.128 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is amending WAC 388-76-10545, 388-76-10685, 388-76-10735, 388-76-10750, 388-76-10795, 388-76-10800, 388-76-10805, 388-76-10810, 388-76-10850 and 388-76-10895, for the health and safety of residents in the home.

The department is amending or repealing WAC 388-76-10510, 388-76-10515, 388-76-10520, 388-76-10522, 388-76-10525, 388-76-10530, 388-76-10532, 388-76-10540, 388-76-10555, 388-76-10560, 388-76-10561, 388-76-10565, 388-76-10585, 388-76-10600, 388-76-10615, 388-76-10695, 388-76-10700, 388-76-10710, 388-76-10720, 388-76-10765, 388-76-10770, 388-76-10784 Water hazards—Fences, gates and alarms, 388-76-10830, 388-76-10835, 388-76-10840, 388-76-10870, 388-76-10885, 388-76-10890, 388-76-10900 and 388-76-10905, on behalf of adult family home and/or prospective adult family home providers, as the changes are beneficial to adult family home business owners.

Also, the department is amending rules and adding a new section to comply with Center for Medicare and Medicaid Services (CMS) new requirements for home and community-based services regulations (42 C.F.R. 441.302). As a part of the state's transition plan to comply with the new rules, CMS has requested rules be changed for the protection of resident rights.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal – CMS.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Sherise Baltazar, Adult Family Home Policy Program Manager, P.O. Box 45600, Olympia, WA 98513, phone (360) 725-3204, fax (360) 438-7903, email Sherise.Baltazar@dshs.wa.gov. Draft section language will be posted on ALTSA professional internet web page for review and comment prior to filing the CR-102. Anyone from the public can comment directly to the program manager listed above via phone, email or fax.

March 21, 2017

Katherine I. Vasquez

Rules Coordinator