Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-07-086.

     Title of Rule and Other Identifying Information: Chapter 388-825 WAC, Division of developmental disabilities (DDD) service rules.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on September 4, 2007, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than September 5, 2007.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on September 4, 2007.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by August 28, 2007, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsljl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending and repealing references to companion homes and alternative living services in chapter 388-825 WAC. These references were permanently adopted in chapters 388-829A and 388-829C WAC.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: RCW 71A.12.030.

     Statute Being Implemented: Title 71A RCW.

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

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Debbie Roberts, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3400; Implementation and Enforcement: Don Clintsman, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-3426.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. DDD has determined for this set of rules that alternative living providers are all small businesses and there will be not disproportionate impact.

     DDD has analyzed these proposed rules and concludes that costs to alternative living providers will be minor, if there are any costs at all.

     A cost-benefit analysis is not required under RCW 34.05.328. These rules are amending and repealing references to companion homes and alternative living services in chapter 388-825 WAC that were permanently adopted in chapters 388-829A and 388-829C WAC. This rule making does not meet the definition of significant legislative rule under RCW 34.05.328, and a cost-benefit analysis is not required.

July 24, 2007

Stephanie E. Schiller

Rules Coordinator

     (1) Respite care services;

     (2) ((Companion home services;

     (3))) Personal care services through the Medicaid personal care program or DDD HCBS Basic, Basic Plus, or CORE waivers; or

     (((4) Alternative living services; or

     (5))) (3) Attendant care services.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-305, filed 8/19/05, effective 9/19/05.]

     (1) Be eighteen years of age or older.

     (2) Provide the social worker/case manager/designee with:

     (a) Picture identification; and

     (b) A Social Security card.

     (3) Complete and submit to the social worker/case manager/designee the department's criminal conviction background inquiry application, unless the provider is also the parent of the adult DDD client and exempted, per chapter 74.15 RCW.

     (a) Preliminary results may require a thumbprint for identification purposes.

     (b) An FBI fingerprint-based background check is required if the person has lived in the state of Washington less than three years.

     (4) Provide references as requested.

     (5) Complete orientation, if contracting as an individual provider.

     (6) Sign a service provider contract to provide services to a DDD client.

     (7) Meet additional requirements in WAC 388-825-355.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-320, filed 8/19/05, effective 9/19/05.]

     (a) Adequately maintain records of services performed and payments received;

     (b) Read and understand the person's service plan. Translation services may be used if needed;

     (c) Be kind and caring to the DSHS client for whom services are authorized;

     (d) Identify problem situations and take the necessary action;

     (e) Respond to emergencies without direct supervision;

     (f) Understand the way your employer wants you to do things and carry out instructions;

     (g) Work independently;

     (h) Be dependable and responsible;

     (i) Know when and how to contact the client's representative and the client's case resource manager;

     (j) Participate in any quality assurance reviews required by DSHS;

     (2) If you are working with an adult client of DSHS as a provider of ((alternative living,)) attendant care ((or companion home services)), you must also:

     (a) Be knowledgeable about the person's preferences regarding the care provided;

     (b) Know the resources in the community the person prefers to use and enable the person to use them;

     (c) Know who the person's friends are and enable the person to see those friends; and

     (d) Enable the person to keep in touch with his/her family as preferred by the person.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-325, filed 8/19/05, effective 9/19/05.]

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-340, filed 8/19/05, effective 9/19/05.]

     (2) ((If you are an individual contracted to provide companion homes services or alternative living services, you must:

     (a) Have a high school diploma or GED;

     (b) Successfully complete DDD specialty training within the first six months of beginning service; and

     (c) Complete ten hours of continuing education related to the job responsibilities each subsequent calendar year.

     (3))) If you provide personal care for children, or provide respite care, there is no required training but DDD retains the authority to require training of any provider.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-355, filed 8/19/05, effective 9/19/05.]

     (1) Understand the client's individual service plan or plan of care that is signed by the client or legal representative and social worker/case manager, and translated or interpreted, as necessary, for the client and the provider;

     (2) Provide the services as outlined on the client's service plan, within the scope of practice in WAC 388-71-0215 and 388-71-0230;

     (3) Accommodate client's individual preferences and differences in providing care, within the scope of the service plan;

     (4) Contact the client's representative and case manager when there are changes which affect the personal care and other tasks listed on the service plan;

     (5) Observe the client for change(s) in health, take appropriate action, and respond to emergencies;

     (6) Notify the case manager immediately when the client enters a hospital, or moves to another setting;

     (7) Notify the case manager immediately if the client dies;

     (8) Notify the department immediately when unable to staff/serve the client; and

     (9) Notify the department when the individual or home care agency will no longer provide services. Notification to the client/legal guardian must:

     (a) Give at least two weeks' notice, and

     (b) Be in writing.

     (10) Complete and keep accurate time sheets that are accessible to the social worker/case manager; and

     (11) Comply with all applicable laws, regulations and contract requirements.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-370, filed 8/19/05, effective 9/19/05.]

     (a) Is the client's spouse, per 42 C.F.R. 441.360(g), except in the case of an individual provider for a chore services client. Note: For chore spousal providers, the department pays a rate not to exceed the amount of a one-person standard for a continuing general assistance grant, per WAC 388-478-0030;

     (b) Is providing services under this chapter to their natural/step/adoptive minor client aged seventeen or younger;

     (c) Has been convicted of a disqualifying crime, under RCW 43.43.830 and 43.43.842 or of a crime relating to drugs as defined in RCW 43.43.830;

     (d) Has abused, neglected, abandoned, or exploited a minor or vulnerable adult, as defined in chapter 74.34 RCW;

     (e) Has had a license, certification, or a contract for the care of children or vulnerable adults denied, suspended, revoked, or terminated for noncompliance with state and/or federal regulations;

     (f) Does not successfully complete the training requirements within the time limits required in WAC 388-71-05665 through 388-71-05909; or

     (g) Is terminated by the client (in the case of an individual provider) or by the home care agency (in the case of an agency provider).

     (2) ((The department will deny payment for the services of an individual or a home care agency providing companion home services or alternative living services to their natural/step/adoptive adult child.

     (3) The department will deny payment for services of a legal representative appointed by the courts providing companion home services to the client for whom they are the legal representative.

     (4))) In addition, the department may deny payment to or terminate the contract of an individual provider as provided under WAC 388-825-380, 388-825-381, 388-825-385 and 388-825-390.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-375, filed 8/19/05, effective 9/19/05.]

     (1) Domestic violence or abuse, neglect, abandonment, or exploitation of a minor or vulnerable adult;

     (2) Using or being under the influence of alcohol or illegal drugs during working hours;

     (3) Other behavior directed toward the client or other persons involved in the client's life that places the client at risk of harm;

     (4) A report from the client's health care provider that the client's health is negatively affected by inadequate care;

     (5) A complaint from the client or client's representative that the client is not receiving adequate care;

     (6) The absence of essential interventions identified in the service plan, such as medications or medical supplies; and/or

     (7) Failure to respond appropriately to emergencies.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-385, filed 8/19/05, effective 9/19/05.]

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-390, filed 8/19/05, effective 9/19/05.]

     (1) A fair hearing to appeal the decision, per chapter 388-02 WAC and WAC 388-825-120; and

     (2) Receive services from another currently contracted individual or home care agency, or other options the client is eligible for, if a contract is summarily suspended.

     (3) The hearing rights afforded under this section are those of the client, not the individual provider.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-395, filed 8/19/05, effective 9/19/05.]

     (2) The provider of respite care, attendant care, or personal care((, companion home services or alternative living)) services does not have a right to a fair hearing.

[Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-396, filed 8/19/05, effective 9/19/05.]

     The following sections of the Washington Administrative Code are repealed:

WAC 388-825-316	How do I choose a companion home or alternative living provider?
WAC 388-825-381	When can the department reject the client's choice of a companion home services or alternative living services provider?

© Washington State Code Reviser's Office