WSR 03-15-126

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed July 22, 2003, 3:00 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-09-089.

Title of Rule: Social services for adults, WAC 388-71-05923 Who is required to complete basic training, and when?

Purpose: Clarify the start date for tracking completion of the basic training requirement for in-home agency providers and individual providers.

Statutory Authority for Adoption: RCW 74.39A.050(12).

Statute Being Implemented: RCW 74.39A.050.

Summary: This amendment changes wording to clarify when the one hundred twenty days allowed for basic training starts. It removes the references to the "first DSHS client" for which there is no tracking mechanism. It allows the one hundred twenty day clock to start again with a new client, if the provider has not completed basic training, so the provider is not penalized when there is a break in providing service to clients before they complete the basic training.

Reasons Supporting Proposal: There are times when an IP or agency provider who has not completed basic training has a break in service to their client(s). It is important that the one hundred twenty days allowed for training can start again when they start working again. If the IP or agency provider works continuously for one or more clients, then the one hundred twenty days runs continuously. The intent of the requirement is to have trained providers for DSHS clients.

Name of Agency Personnel Responsible for Drafting: Dotti Wilke, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2539; Implementation and Enforcement: Marta Acedo, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2549.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule specifies the requirement for individual providers and home care agency providers to take basic training, and the timeline for completion. The purpose is to have trained workers for DSHS clients. The anticipated effects are to create more consistency in interpretation of the requirements and have requirements that staff are able to track accurately.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes to this WAC allow more flexibility in meeting the requirement for agency and individual providers to complete their basic training within one hundred twenty days. The requirement for training is not changed, so there is no change in fiscal impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption. The proposed rule does not meet the definition of a "significant legislative rule" in RCW 34.05.328 (5)(c)(iv). The rule only clarifies existing training requirements for agency and individual providers without changing the effect of the rule.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on August 26, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by August 22, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov by 5:00 p.m., August 25, 2003.

Date of Intended Adoption: Not earlier than August 27, 2003.

July 17, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3267.1
AMENDATORY SECTION(Amending WSR 02-10-117, filed 4/30/02, effective 5/31/02)

WAC 388-71-05923   Who is required to complete basic training, and when?   Individual providers and home care agency providers must complete ((department-developed)) basic training developed by the department and demonstrate competency within one hundred twenty days after ((beginning to work with their first DSHS client)) being authorized to provide department-paid in-home services for a client. A certificate of successful completion of basic training, using a curriculum developed or approved by the department, meets this requirement.

[Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, 388-71-05923, filed 4/30/02, effective 5/31/02.]

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