16-01-172

WSR 16-01-172

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Long-Term Support Administration)

[Filed December 22, 2015, 12:59 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 15-01-179.

Title of Rule and Other Identifying Information: The department is repealing the following sections in chapter 388-78A WAC, Assisted living facility licensing rules: WAC 388-78A-3390 Resident protection program-Individual defined, 388-78A-3400 Investigation of reports, 388-78A-3410 Resident protection program-Notice to the individual of preliminary finding, 388-78A-3420 Resident protection program-Notice to others of preliminary findings, 388-78A-3430 Resident protection program-Disputing a preliminary finding, 388-78A-3440 Hearing procedures to dispute preliminary finding, 388-78A-3450 Resident protection program-Finalizing a preliminary finding, 388-78A-3460 Resident protection program-Appeal of initial order, 388-78A-3470 Resident protection program-Reporting final findings, and 388-78A-3480 Resident protection program-Disclosure of investigative and finding information.

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 January 26, 2016, at 10:00 a.m.

Date of Intended Adoption: Not earlier than January 27, 2016.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail [e-mail], fax [phone], by 5:00 p.m., January 26, 2016.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by January 12, 2016, phone [phone], TTY [phone], or e-mail [e-mail].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Resident client protection program (RCPP) has been moved into adult protective services and the rules will be administered under chapters 388-71 and 388-106 WAC. References to the RCPP would thus be incorrect and will be repealed from chapter 388-78A WAC. Residential care services is coordinating to eliminate these WAC sections at the same time home and community services is incorporating them into their WAC. The CR-102 for both divisions will be filed at the same time.

Reasons Supporting Proposal: Repealing the rules is beneficial to or supported by the regulated entities to prevent duplication of licensing rules.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: RCW 74.08.090.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Christi Pederson, P.O. Box 45600, Olympia, WA 98513, [phone]; Implementation: Candace Goehring, P.O. Box 45600, Olympia WA 98513, [phone]; and Enforcement: Bett Schlemmer, P.O. Box 45600, Olympia, WA 98513, [phone].

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), a small business economic impact statement is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(iii), a cost-benefit analysis is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.

December 21, 2015

Katherine I. Vasquez

Rules Coordinator

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 388-78A-3390	Resident protection program-Individual defined.
WAC 388-78A-3400	Investigation of reports.
WAC 388-78A-3410	Resident protection program-Notice to the individual of preliminary finding.
WAC 388-78A-3420	Resident protection program-Notice to others of preliminary findings.
WAC 388-78A-3430	Resident protection program-Disputing a preliminary finding.
WAC 388-78A-3440	Hearing procedures to dispute preliminary finding.
WAC 388-78A-3450	Resident protection program-Finalizing a preliminary finding.
WAC 388-78A-3460	Resident protection program-Appeal of initial order.
WAC 388-78A-3470	Resident protection program-Reporting final findings.
WAC 388-78A-3480	Resident protection program-Disclosure of investigative and finding information.