WSR 07-23-062

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed November 16, 2007, 12:24 p.m. , effective December 17, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending and repealing references to companion home and alternative living residential services in chapter 388-825 WAC. These references were permanently adopted in chapters 388-829A and 388-829C WAC effective September 1, 2007.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-825-316 and 388-825-381; and amending WAC 388-825-305, 388-825-320, 388-825-325, 388-825-340, 388-825-355, 388-825-370, 388-825-375, 388-825-385, 388-825-390, 388-825-395, and 388-825-396.

Statutory Authority for Adoption: RCW 71A.12.30 [71A.12.030].

Other Authority: Title 71A RCW.

Adopted under notice filed as WSR 07-16-091 on July 30, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 11, Repealed 2.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 11, Repealed 2.

Date Adopted: November 16, 2007.

Stephanie E. Schiller

Rules Coordinator

3879.1
AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-305   What service providers are governed by the qualifications in these rules?   These rules govern individuals and agencies contracted with to provide:

(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.]


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-320   How does a person become an individual provider((, companion home provider or an alternative living provider))?   In order to become an individual provider, ((companion home provider or an alternative living provider,)) a person must:

(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.]


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-325   What are required skills and abilities for individuals and agencies contracted to provide respite care, ((companion home services,)) personal care services through the Medicaid personal care program or the DDD HCBS Basic, Basic Plus or CORE waivers, ((alternative living services)) or attendant care services?   (1) As a provider of respite care, ((companion home services,)) personal care services through the Medicaid personal care program or the DDD HCBS Basic, Basic Plus, or CORE waivers, ((alternative living services)) or attendant care services, you must be able to:

(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.]


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-340   What is required for a provider to provide respite or residential service in their home?   Unless you are related to the client, ((or the client lives in a companion home,)) respite or residential services must take place in a home licensed by DSHS. Services are limited to those age-specific services contained in your license.

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


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-355   Are there any educational requirements for individuals providing respite care, attendant care, or personal care services((, companion home services, or alternative living services))?   (1) If you are an individual providing personal care services for adults, you must meet the training requirements in WAC 388-71-05665 through 388-71-05909.

(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.]


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-370   What are the responsibilities of an individual or home care agency when employed to provide respite care, attendant care, or personal care((, companion home services or alternative living)) services to a client?   An individual or home care agency employed to provide respite care, attendant care, or personal care((, companion home services, or alternative living)) services must:

(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.]


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-375   When will the department deny payment for services of an individual or home care agency providing respite care, attendant care, or personal care((, companion home services or alternative living)) services?   (1) The department will deny payment for the services of an individual or home care agency providing respite care, attendant care, or personal care((, companion home services or alternative living services)) who:

(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.]


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-385   When can the department terminate or summarily suspend an individual respite care, attendant care, or personal care((, companion home services or alternative living services)) provider's contract?   The department may take action to terminate an individual respite care, attendant care, or personal care((, companion home services or alternative living services)) provider's contract if the provider's inadequate performance or inability to deliver quality care is jeopardizing the client's health, safety, or well-being. The department may summarily or immediately suspend the contract pending a hearing based on a reasonable, good faith belief that the client's health, safety, or well-being is in imminent jeopardy. Examples of circumstances indicating jeopardy to the client could include, without limitation:

(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.]


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-390   When can the department otherwise terminate an individual's contract to provide respite care, attendant care, or personal care((, companion home services or alternative living services))?   The department may otherwise terminate the individual's contract to provide respite care, attendant care, or personal care((, companion home services or alternative living services)) for default or convenience in accordance with the terms of the contract and to the extent that those terms are not inconsistent with these rules.

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


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-395   What are the client's rights if the department denies, terminates, or summarily suspends an individual's contract to provide respite care, attendant care, or personal care((, companion home services or alternative living services))?   If the department denies, terminates, or summarily (immediately) suspends the individual's contract to provide respite care, attendant care, or personal care, ((companion home services or alternative living services,)) the client has the right to:

(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.]


AMENDATORY SECTION(Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)

WAC 388-825-396   Does the provider of respite care, attendant care, or personal care((, companion home services or alternative living services)) have a right to a fair hearing?   (1) The hearing rights afforded under WAC 388-825-395(1) are those of the client.

(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.]


REPEALER

     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