January 18, 2012_CRS "Dear Provider/Administrator" Letters

January 18, 2012

ADSA:  CCRSS #2012-001

Dear Certified Community Residential Service Provider and Interested Parties:

In June and September 2011, Residential Care Services (RCS) informed you about possible changes to Community Residential Services certification rules.  The department recently filed the final Rule-Making Order (CR-103) for amendments to Chapter 388-101 Washington Administrative Code (WAC), Certified Community Residential Services and Supports, with the Office of the Code Reviser.  The rule becomes effective on January 30, 2012 and is published in the Washington State Register as WSR 12-02-048.

The purpose of amending these rules is to comply with changes to state law made by the 2011 Legislature in Substitute Senate Bill (SSB) 5042, Second Engrossed Second Substitute House Bill (2E2SHB) 1738, and Engrossed Substitute House Bill (ESHB) 1548.  Amending these rules is also necessary to protect the public health, safety, and welfare by clarifying the definition of “sexual abuse.”

Highlights of the changes related to SSB 5042 are:

  • Expands the definition of “financial exploitation” to include improper control over or withholding of a vulnerable adult’s resources by another person or entity.
  • Refers to examples of “financial exploitation” found in Chapter 74.34 RCW.

Highlights of the changes related to 2E2SHB 1738 are:

  • Adds term “Health Care Authority” to WAC 388-101-3545 to reflect change in responsibility for the Medicaid program.

Highlights of the changes related to ESHB 1548:

  • Rules revert back to long-term care worker training requirements in effect prior to January 1, 2011.
  • Deletes changes to criminal background check requirements that were to become effective after January 1, 2012.

The definition of “sexual abuse” is amended to include examples of interactions that do not involve physical touching.

Enclosed is the CR-103.  You can also access this on the ADSA website under the heading, “CRS Rule Filings”, at: http://www.adsa.dshs.wa.gov/professional/crs.htm.

After the effective date, when the rule language is “codified” and merged into the existing WAC chapter, you will be able to read and print them out from the computer by visiting http://apps.leg.wa.gov/WAC/default.aspx?cite=388-101.

Thank you for your continued support of and instruction to the department’s vulnerable clients.  If you have any questions, please contact Robert McClintock, Quality Assurance Administrator at (360) 725-2419 or by e-mail at mcclir@dshs.wa.gov.


Joyce Pashley Stockwell, Director
Residential Care Services

Enclosure:  CR-103 (WSR 12-02-048)