WSR 17-17-136

PREPROPOSAL STATEMENT OF INQUIRY

[Filed August 22, 2017, 1:06 p.m.]

Subject of Possible Rule Making: The department is proposing to amend WAC 388-71-0105 and other related rules as may be required in order to strike the term "willful" from the definitions list in WAC 388-71-0105.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is proposing to strike the term "willful" from the definitions list in WAC 388-71-0105 in order to comply with an order issued by the Division III Court of Appeals in Crosswhite v. DSHS that invalidated the current definition of "willful." The department may also make similar amendments in chapters 388-76, 388-78A, 388-101, and 388-111 WAC as necessary to comply with the Crosswhite v. DSHS decision.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal regulations govern long-term care facilities, including intermediate care facilities for individuals with intellectual disabilities and nursing facilities that participate in medicare or medicaid. Federal regulations define "willful" abuse at 42 C.F.R. § 483.5.

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 Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5600, phone 360-725-2495, fax 360-438-8633, TTY 1-800-833-6388, email angel.sulivan@dshs.wa.gov.

August 22, 2017

Katherine I. Vasquez

Rules Coordinator