Disaster Preparedness Rulemaking- Project 2

The Department of Social and Health Services (DSHS) is considering rulemaking to implement specific sections of Substitute House Bill (SHB) 1218 (Chapter 159, Laws of 2021) passed by the legislature during the 2021 legislative session. The rulemaking will focus on disaster preparedness in long-term care settings in order to support providers in protecting the health and safety of residents in times of crisis.

The status of this rulemaking project is in interested party engagement.

DSHS is conducting rulemaking which may amend the following WAC chapters:

[Chapter 388-76 WAC, Adult Family Home Minimum Licensing Requirements,
Chapter 388-78A WAC, Assisted Living Facility Licensing Rules,
Chapter 388-97 WAC, Nursing Homes, and
Chapter 388-107 WAC, Licensing Requirements for Enhanced Services Facilities]

This rulemaking project will address the following subjects:

Facility communication system, resident access to communications, and facility responsiveness to outside communications.
Comprehensive disaster preparedness plans, related policies and procedures, and equipment for a range of potential hazards, emergencies, and disasters.
Visitation of essential support persons.
Resident’s rights to a safe and healthy environment.

Overview

Rulemaking Milestone
CR-101 Filed	01/26/22	WSR 22-04-047
CR-102 Filed	05/05/25	WSR 25-10-071
CR-103 Filed	08/06/25	WSR 25-16-099
CR-104 Filed
CR-105 Filed
Public Comment/Hearing

Meeting Information

Meeting Date	Title	Topics Covered
May 8, 2024	Recap Communications	Communication systems Timely communications with resident's Emergency contacts Timely communications with interested parties Requesting emergency assistance
June 12, 2024	Resident Communication/Visitation	Essential Support Persons Disaster visitation policy & procedures Resident's communication and access rights
July 24, 2024	Disaster Plans	Disaster Preparedness Plan Requirements Evacuation & Transfer Inspection Procedures On Duty Staff Responsibilities
August 21, 2024	Resident Rights/Health & Safety	Resident Essential Needs Resident Roster Personal protective equipment (PPE) Posting Stop Placement Requirement
September 18, 2024	Wrap Up	Incomplete items Parking lot items

Info. Sessions On New Rules:

Meeting Date	Title	Topics Covered	Registration Link
September 8, 2025	Disaster Preparedness 1218 Project 2 Q and A Info Session AFH	Essential support person defined and added to WAC, must allow access during a public health emergency or other threat Create and maintain a resident roster with room identifier. Provide to LTC Ombuds or DSHS staff immediately upon request.	Join the meeting now Slide deck for this meeting has been added below to the Resources section
September 9, 2025	Disaster Preparedness 1218 Project 2 Q and A Session ALF	Adding the definition of an essential support person Adding additional groups of people, the resident has the right to contact Adding resident’s emergency contact communication Adding a timeline to staff training specific to the disaster plan training Adding coordination with local and state agencies and LTC ombuds Adding element for regular maintenance and ordering of PPE in a preparedness capacity Adding contact with the Essential Support Person Adding requirement to post stop placement orders in the facility. Adding language that non-pay phones for residents is to allow communication between residents and family and entities important to them.	Join the meeting now Slide deck for this meeting has been added below to the Resources section
September 16, 2025	Disaster Preparedness 1218 Project 2 Q and A Session NH	Adding the definition of essential support persons Adding the right to “timely” communication Adding communication with state and local agencies and LTC ombuds Adding access to an ESP as outlined in RCW 70.129.190 Telephone on resident care units Adding emergency contacts	Join the meeting now Slide deck for this meeting has been added below to the Resources section
September 17, 2025	Disaster Preparedness 1218 Project 2 Q and A Session ESF	Adding the definition of essential support person Adding posting of stop placement order Adding a header: “civil penalties”	Join the meeting now Slide deck for this meeting has been added below to the Resources section