CHAPTER 388-78A RULE REVISIONS · 2019-02-21 · 2. PREVIEW OF SELECTED DRAFT RULES Updated Rules:...

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?

© 2018 LANE POWELL 2/21/2019 2

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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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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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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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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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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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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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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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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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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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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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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CHAPTER 388-78A RULE REVISIONS · 2019-02-21 · 2. PREVIEW OF SELECTED DRAFT RULES Updated Rules:...

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