16-02-045

WSR 16-02-045

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Long-Term Support Administration)

[Filed December 30, 2015, 3:15 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 15-01-176.

Title of Rule and Other Identifying Information: The department is repealing the following sections in chapter 388-111 WAC, Residential habilitation centers-Compliance standards: WAC 388-111-0040 Resident and client protection program-Investigation of reports of abandonment, abuse, neglect, or financial exploitation, 388-111-0050 Resident and client protection program-Notice to individual of preliminary findings, 388-111-0060 Resident and client protection program-Notice to others of preliminary findings, 388-111-0070 Resident and client protection program-Disputing a preliminary finding, 388-111-0080 Resident and client protection program-Disputing a preliminary finding-Hearing procedures, 388-111-0090 Resident and client protection program-Finalizing the preliminary finding, 388-111-0100 Resident and client protection program-Reporting final findings, 388-111-0110 Resident and client protection program-Appeal of administrative law judge's initial order or finding, and 388-111-0120 Resident and client 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 February 9, 2016, at 10:00 a.m.

Date of Intended Adoption: Not earlier than February 10, 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., February 9, 2016.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by January 26, 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 References to the RCPP would thus be incorrect and will be repealed from chapter 388-111 WAC.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. Both divisions will file a permanent CR-103 with the same effective date.

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: Chapter 71A.12 RCW.

Statute Being Implemented: Chapter 71A.12 RCW.

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 29, 2015

Katherine I. Vasquez

Rules Coordinator

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 388-111-0040	Resident and client protection program-Investigation of reports of abandonment, abuse, neglect, or financial exploitation.
WAC 388-111-0050	Resident and client protection program-Notice to individual of preliminary findings.
WAC 388-111-0060	Resident and client protection program-Notice to others of preliminary findings.
WAC 388-111-0070	Resident and client protection program-Disputing a preliminary finding.
WAC 388-111-0080	Resident and client protection program-Disputing a preliminary finding-Hearing procedures.
WAC 388-111-0090	Resident and client protection program-Finalizing the preliminary finding.
WAC 388-111-0100	Resident and client protection program-Reporting final findings.
WAC 388-111-0110	Resident and client protection program-Appeal of administrative law judge's initial order or finding.
WAC 388-111-0120	Resident and client protection program-Disclosure of investigative and finding information.