chapter 388-78a rule revisions · 2019-02-21 · 2. preview of selected draft rules updated rules:...
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CHAPTER 388-78A RULE REVISIONSA S S I S T E D L I V I N G P H Y S I C A L P L A N T S TA N D A R D S
G R E G P Y L E , L A N E P O W E L L
PRESENTATION OVERVIEW
1. DSHS Rulemaking Process Update (Winter 2019)
2. Preview of Certain New Rules (Discussion of Potential Impact)
3. What's Next?
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1. RULE DRAFTING PROCESS
APA Notice & Comment Rulemaking Process
• Started in early 2017!
• WHCA submitted full comments and proposed rules on April 1, 2017.
• WHCA Working Group and Representation on Advisory Committee
WHCA, Leading Age, Ombudsmen, DOH CRS, RCS…etc.
Next Steps: CR-102
• Currently in RCS Leadership Review
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1. RULE DRAFTING PROCESS OVERVIEW…CONTINUED…AND
CONTINUED
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2. PREVIEW OF SELECTED DRAFT RULES
What to Expect from the New Physical Plant Rules:
• Disclaimer
Three “Types” of rules:
• Re-Organized Existing Rules
• Updated Rules
• Brand New Rules
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2. PREVIEW OF SELECTED DRAFT RULES
Re-Organized Rules:
• 2700 – Investigations is now 2370
• 2380 – Restricted Egress (now “Freedom of Movement”)
• 2680 – Electronic Monitoring Equipment
• 2700 Safety Measures and Disaster Preparedness (now “Emergency and
Disaster Preparedness”
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2. PREVIEW OF SELECTED DRAFT RULES
Updated Rules:
• Proposed - WAC 388-78A-2600: Operational Functional Program
Existing Idea in current WAC 388-78A-2820
Proposed to be a requirement for Planning/Design/Review/Facility Operations
Potential For Use In:
Documenting Operational Decisions
Comparing Conditions and Needs
Chance to add flexibility for providers, allow programmatic solutions where previously physical plant changes would be required.
NOT intended to be an individual resident assessment level tool
Should be population specific
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2. PREVIEW OF SELECTED DRAFT RULES
Updated Rules:
• Proposed - WAC 388-78A-2380: Freedom of Movement
Effort to clarify conditions and requirements for installation of delayed egress devices
Proposes that the use of Delayed Egress be determined by:
Population
Negotiated Service Agreement (consent)
Installation must meet:
Current building code (new) or building code in effect at the time of install (existing)
Takes the install issue out of the hands of surveyors
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2. PREVIEW OF SELECTED DRAFT RULES
Updated Rules:
• Proposed - WAC 388-78A-2800 Changes in Licensed Bed Capacity
Codify current process
Identify roles and responsibilities
Companion proposal:
388-78A-2810 Criteria for increasing licensed bed capacity
Both more operational rather than construction elements
Includes codification of the concept of “standby rooms” from the “dear provider” letter
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2. PREVIEW OF SELECTED DRAFT RULES
Updated Rules:
• Proposed WAC 388-78A-2820 Design, Construction & Approval of Plans
What is required to be submitted for a review?
“Authorized to begin construction” & Close Out
More information on closeout process in NEW WAC 388-78A-2853 (New Licenses and Use of New Construction)
• Proposed WAC 388-78A-2850 Required Review of Building Plans
What is required TO BE REVIEWED?
No more carpet reviews
Clarifies that changes to uses not affecting or serving residents are not reviewable
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2. PREVIEW OF SELECTED DRAFT RULES
Updated Rules:
• Proposed WAC 388-78A-2920 Area for Nursing Supplies & Equipment
Evaluation & Consolidation of Existing Standards
Adds flexibility to accommodate for:
Varying Resident population needs
Varying operational approaches
• Allows for “Areas” instead of “Rooms”
Adapts previous language, but should allow for multi-use spaces rather than clean/soiled utility rooms.
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2. PREVIEW OF SELECTED DRAFT RULES
NEW Rules:
• Proposed WAC 388-78A-2851 Applicability & Requirements for the Physical Environment
Seeks to Clearly Identify which Physical Plant Requirements are Applicable:
Adds flexibility to “opt-in” to certain WAC sections
Identifies the very few sections of the WAC that are retroactively applicable
• Meet the code in force at the time of construction;
Should cut down on retroactive application of codes at survey – but MAY require you to do your homework
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2. PREVIEW OF SELECTED DRAFT RULES
NEW Rules:
• Proposed WAC 388-78A-2381 General Design Requirements for Memory Care
New section with design considerations for the unique needs of memory care residents
• Mix of programmatic and architectural requirements:
Specific common area requirements
Specific outdoor area requirements
Codifies restrictions on outdoor space during weather, other dangerous situations from dear provider letters
This WAC is still evolving
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2. PREVIEW OF SELECTED DRAFT RULES
NEW Rules:
• Proposed WAC 388-78A-2680 Electronic Monitoring Equipment – Audio & Video Monitoring
• Existing Section – Significantly revised to:
Allow cameras at some additional locations:
Outdoor areas accessible to the public as well as residents (parking lots)
Emergency exits, elevator doors, outdoor spaces accessible to residents
Inherently dangerous areas (i.e. pools & gyms)
WATCH THIS SPACE (pun intended) – Potential Privacy Concerns & A.G. Review
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2. PREVIEW OF SELECTED DRAFT RULES
NEW Rules:
• Proposed WAC 388-78A-2690 Electronic Monitoring Equipment – Resident
Requested Use
• Existing Section – Significantly revised :
Clarifies when a community must allow resident requested A/V monitoring
WATCH THIS SPACE – Potential Privacy Concerns & A.G. Review
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3. WHAT'S NEXT?
CR-102 Filed
Small Business Economic Impact Analysis
Public Hearing
CR-103
Final Internal Step at DSHS
Concise Explanatory Statement
Final Draft Filed
Rules Adopted
New Rules in Effect
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You Are Here
3. WHAT'S NEXT?
Questions?
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