WSR 07-07-033

PROPOSED RULES

HOME CARE

QUALITY AUTHORITY

[ Filed March 12, 2007, 1:45 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-03-044.

Title of Rule and Other Identifying Information: Amending WAC 257-05-160 Who is required to complete safety training and when must it be completed? and 257-05-240 Will DSHS deny payment of an individual provider who does not complete safety training?, to remove the safety training requirement for individual providers working for a consumer prior to December 1, 2004.

Hearing Location(s): Home Care Quality Authority, 515 15th Avenue S.E., Olympia, WA 98504, on April 24, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 22, 2007.

Submit Written Comments to: Lisa Livingston, 515 15th Avenue S.E., P.O. Box 40940, Olympia, WA 98504, e-mail llivingston@hcqa.wa.gov, fax (360) 586-0786, by 5:00 p.m. on April 20, 2007.

Assistance for Persons with Disabilities: Contact Lisa Livingston, HCQA Rules Coordinator, by 5:00 p.m. on April 20, 2007, TTY (360) 493-2637 or (360) 902-8859.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: (1) Repeals the current WAC that requires individual providers already caring for consumers of in-home care services prior to December 1, 2004, to complete safety training conducted by and through the home care quality authority.

(2) Repeals the current WAC that requires that all the workers in this category who continue to care for consumers of in-home care services and who have not completed the training, will be denied payment by DSHS.

Reasons Supporting Proposal: If this WAC were to be applied on or after January 1, 2007, to all the workers in this category who have not completed the training, DSHS must deny payment to these workers who continue to care for consumers of in-home care services. Without payment, care providers might not provide continued care, which could jeopardize the health and safety of those consumers. An emergency rule was adopted regarding this subject effective December 21, 2006.

Statutory Authority for Adoption: RCW 74.39A.280(3).

Statute Being Implemented: RCW 74.39A.280(3).

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

Name of Proponent: Home care quality authority, governmental.

Name of Agency Personnel Responsible for Drafting: Rick Hall, P.O. Box 49940, Olympia, WA 98504, (360) 902-8855; Implementation and Enforcement: Lisa Livingston, P.O. Box 49940, Olympia, WA 98504, (360) 902-8859.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The home care quality authority has analyzed the proposed rules and determined that no new costs will be imposed on small business or nonprofits.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable pursuant to RCW 34.05.328(5).

March 12, 2007

Rick Hall

Executive Director

OTS-9416.1


AMENDATORY SECTION(Amending WSR 05-01-158, filed 12/20/04, effective 1/20/05)

WAC 257-05-160   Who is required to complete safety training and when must it be completed?   (1) Individual providers must complete safety training no later than one hundred twenty calendar days after beginning to work with their first DSHS consumer. Safety training must be provided by appropriate HCQA staff or contracted entities, or by approved trainers who meet DSHS requirements outlined in WAC 388-71-05875.

(2) ((Individual providers who are already working for a consumer as of December 1, 2004, have two calendar years to complete safety training.

(3))) Individual providers who are not required to complete basic core training, such as revised fundamentals of caregiving, identified in WAC 388-71-0500 through 388-71-05952 may complete safety training via distance learning. Alternate methods to complete safety training will be provided that could include innovative learning strategies such as:

(a) CD, video, DVD, or other electronic method.

(b) Internet-based or other computerized method.

(c) Workbook of printed subject matter.

[Statutory Authority: RCW 74.39A.280(3). 05-01-158, 257-05-160, filed 12/20/04, effective 1/20/05.]


AMENDATORY SECTION(Amending WSR 05-01-158, filed 12/20/04, effective 1/20/05)

WAC 257-05-240   Will DSHS deny payment of an individual provider who does not complete safety training?   HCQA will notify DSHS of an individual provider's noncompliance. DSHS will deny payment of an individual provider who does not return the attestation form and complete safety training within one hundred twenty calendar days after beginning to work with their first DSHS consumer.

((DSHS will deny payment of an individual provider who is already caring for a consumer as of December 1, 2004, and who does not complete the safety training by December 31, 2006.))

[Statutory Authority: RCW 74.39A.280(3). 05-01-158, 257-05-240, filed 12/20/04, effective 1/20/05.]

Washington State Code Reviser's Office