WSR 09-21-100

PERMANENT RULES

HOME CARE

QUALITY AUTHORITY

[ Filed October 20, 2009, 4:24 p.m. , effective November 20, 2009 ]


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

Purpose: An amendment is necessary to maintain consistency with other WAC, statute and policies. This amendment will further clarify reasons for removing or denying an individual provider or a prospective provider from the referral registry.

Citation of Existing Rules Affected by this Order: Amending WAC 257-10-130.

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

Adopted under notice filed as WSR 09-17-145 on August 19, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 20, 2009.

R. A. Hall

Executive Director

OTS-2481.2


AMENDATORY SECTION(Amending WSR 09-10-005, filed 4/22/09, effective 5/23/09)

WAC 257-10-130   What information may be considered cause for denying an individual provider or prospective individual provider placement on the referral registry?   An individual provider may be denied placement on the referral registry for the following reasons:

(1) A background check that results in disqualifying crimes based on ((criteria as specified in chapter 43.43 RCW)) appropriate department of social and health services list of crimes and negative actions.

(2) Lack of disclosure on background authorization form.

(3) Inclusion on any state abuse and neglect directory.

(4) Information that a current and valid protective order exists and was issued in the state of Washington barring contact with children, vulnerable adults or persons with disabilities.

(5) A reasonable, good faith belief that an individual provider or prospective individual provider is unable to meet the care needs of consumers.

(6) The background check reveals an offense or pattern of offenses that the executive director determines may put consumers at risk.

(7) Department of social and health services IP contract is denied.

[Statutory Authority: RCW 74.39A.280(3) and Title 74 RCW. 09-10-005, 257-10-130, filed 4/22/09, effective 5/23/09.]

Washington State Code Reviser's Office