Chapter Clarification and Federal Alignment

The department is considering amending the following sections in Chapter 388-76 WAC: 388-76-10125 License—May be denied; WAC 388-76-10315 Resident Record-Required; WAC 388-76-10320 Resident Record-Content; WAC 388-76-10715 Doors-Ability to open; WAC 388-76-10930 Plan of correction (POC)—Required. This rulemaking may result in adopting new sections of rule. Updates to other related rules may be required.  As needed, amendments will also make changes required to improve clarity, update policy, or better align rule language with state and federal law or regulations. 

 The department received a petition requesting the department update the chapter to align with federal requirements for long-term care ombuds access to resident records. Other updates are needed to clarify when an adult family home license may be denied to a multiple home provider, to remove the requirement that the resident record contain the resident’s social security number; to add a requirement to keep the notice of rights and services in the resident record, to add a minimum door width requirement, to require RCS approval of modifications or new construction of resident bedrooms occurring after licensure, and to clarify requirements for provider plan of correction. These changes will maintain residents’ rights and safety and give clarity that will help adult family home providers comply with the rules. 

The status of this rulemaking project is in Pre-file stage. 

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

• 388-76-10045, Licensing—Certain state employees and employee household members—Prohibited
• 388-76-10120, License—Must be denied
• 388-76-10125, License – May be denied
• 388-76-10315, Resident record—Required
• 388-76-10320, Resident Record-Content
• 388-76-10715, Doors-Ability to open
• 388-76-10895 Emergency evacuation drills—Frequency and participation
• 388-76-10930, Plan of correction (POC) - Required

This rule making project will address the following subjects: 

• Update to align with federal requirements for long-term care ombuds access to resident records (petition).
• Change emergency evacuation drill frequency from every “sixty days” to every “two months” (petition).
• Clarify when an AFH license cannot be granted to a DSHS employee or household member of the employee.
• Clarify when an adult family home license must or may be denied to a multiple home provider.
• Remove the requirement that the resident record contains the resident’s social security number.
• Add a requirement to keep the notice of rights and services in the resident record.
• Add a minimum interior door width requirement.
• Require RCS approval of modifications or new construction of resident bedrooms occurring after licensure.
• Clarify requirements for provider plan of correction.

Overview 

Meeting Information 

Other Resources 

Dear Provider Letter AFH 025-012                         05/02/25

Dear Provider Letter AFH 025-030                         07/11/25