WSR 17-13-107

PREPROPOSAL STATEMENT OF INQUIRY

[Filed June 20, 2017, 10:37 a.m.]

Subject of Possible Rule Making: The department is proposing to amend sections within chapter 388-825 WAC, Developmental disabilities administration service rules; chapter 388-101D WAC, Requirements for providers of residential services and supports; and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 General authority of secretary—Rule adoption, 71A.12.120 Authority to participate in federal programs, 43.43.842 Vulnerable adults—Additional licensing requirements for agencies, facilities, and individuals providing services, 74.39A.056 Criminal history checks on long-term care workers, and 43.20A.710 Investigation of conviction records or pending charges of state employees and individual providers.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is proposing to amend rules recently recodified in chapter 388-101D WAC from chapter 388-101 WAC to correct cross-references and align with amendments to chapter 388-825 WAC. Other proposed amendments to chapters 388-825 and 388-101D WAC will clarify and consolidate rules related to background checks, disqualifying convictions and negative actions, and character, competence, and suitability determinations. These proposed changes will clarify the rules and reduce the amount of WAC language across programs, and help preserve the health and safety of clients.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DDA and the aging and long-term support administration will collaborate and coordinate with the DSHS background check central unit to consolidate and coordinate rules related to negative actions and character, competence, and suitability reviews including WAC such as chapters 388-71, 388-76, 388-78A, 388-97, 388-101, 388-106, and 388-825 WAC.

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 Chantelle Diaz, DDA, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 407-1581, fax (360) 407-0955, TTY 1-800-833-6388, email DiazCM1@dshs.wa.gov.

June 19, 2017

Katherine I. Vasquez

Rules Coordinator