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