August 13, 2012_NH"Dear Administrator" Letters

August 13, 2012

ADSA: NH #2012-010    
CR-101 FILED TO PROPOSE ADDING & AMENDING SECTIONS TO CHAPTER 388-97 WAC

Dear Nursing Facility/Home Administrator:

The Department is considering adding and amending sections to Chapter 388-97 of the Washington Administrative Code. The enclosed CR-101 document was recently filed with the Office of the Code Reviser.

The CR-101 document can also be found on the Aging and Disability Services Administration (ADSA) internet website, under "NH Rule Filings" at: 
http://www.aasa.dshs.wa.gov/professional/nh.htm

The Department's purpose in filing the CR-101 is to add and amend sections to Chapter 388-97 WAC to comply and be consistent newly passed state laws and federal regulations:

  • Substitute House Bill 2056 – Relating to assisted living facilities;
  • Engrossed Substitute Senate Bill 5708 – Relating to reshaping the delivery of long term care services;
  • 20 United States Code 1140 ("Rosa's law"); and
  • 42 Code of Federal Regulations 483.20(d); and Social Security Act section 1128I(h), Affordable Care Act section 6113.

Highlights of the intended changes include the following:

  • Changing the term "boarding home" to "assisted living facility";
  • Changing the references to "mentally retarded individuals" to references to "an individual with an intellectual disability";
  • Re-define the parameters for nursing home administrators who manage  small resident populations;
  • Adding the ombudsman to the list of persons/entities that must be notified in advance of a nursing home closure;
  • Updating the chapter with changes resulting from MDS 3.0.

 
Please check the ADSA website often as we will be posting draft language for review and comment before filing the CR-102.

Sincerely,

Joyce Pashley Stockwell, Director
Residential Care Services