Effective Date of Rule: Immediately.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The immediate effective date is necessary to prepare for the implementation of Initiative 1163 passed in 2011.

     Purpose: WAC 246-980-020, 246-980-040, and 246-980-070, home care aides. In 2011 voters passed Initiative 1163 changing the effective date for certification and the requirements for home care aides. Emergency rules are necessary to amend existing rules to change the effective dates in order to implement this initiative and begin accepting applications on December 8, 2011, in preparation for the January 7, 2012, certification effective date.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-980-020, 246-980-040, and 246-980-070.

     Statutory Authority for Adoption: Chapter 18.88B RCW.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: Initiative 1163 passed in 2011, changing the effective date for certification and the requirements of who must be certified as a home care aide. These rules are necessary to amend the effective dates within the existing rules to allow the department to begin accepting applications in preparation for the January 7, 2012, certification effective date. This will help provide public health and safety.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

     Date Adopted: December 6, 2011.

Mary C. Selecky

Secretary

OTS-4513.1

AMENDATORY SECTION(Amending WSR 10-15-103, filed 7/20/10, effective 1/1/11)

WAC 246-980-020   Who must be certified as a home care aide?   (1) Any person who is hired on or after January ((1, 2011)) 7, 2012, as a long-term care worker for the elderly or persons with disabilities, regardless of the employment title, must obtain certification as a home care aide. This includes, but is not limited to:

     (a) An individual provider of home care services who is reimbursed by the state;

     (b) A direct care employee of a home care agency;

     (c) A provider of home care services to persons with developmental disabilities under Title 71A RCW;

     (d) A direct care worker in a state licensed boarding home;

     (e) A direct care worker in a state licensed adult family home;

     (f) A respite care provider who is reimbursed by the state or employed by a private agency or facility licensed by the state to provide personal care services;

     (g) A community residential service provider who is reimbursed by the state or employed by a private agency or facility licensed by the state to provide personal care service; and

     (h) Any other direct care workers providing home or community-based services to the elderly or persons with developmental disabilities.

     (2) Long-term care workers who meet the above criteria but are exempted under WAC 246-980-070 are not required to obtain certification.

[Statutory Authority: Chapters 18.88B and 74.39A RCW. 10-15-103, § 246-980-020, filed 7/20/10, effective 1/1/11.]

     (a) Successfully complete the entry level training required by RCW 74.39A.073 before taking the examination;

     (b) Successfully pass the home care aide certification examination; and

     (c) Complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

     (2) Applicants must submit directly to the examination contractor:

     (a) A completed application for examination provided by the examination contractor;

     (b) The fee required by the examination contractor; and

     (c) A certificate of completion signed by an instructor approved by the department of social and health services. The certificate must indicate that the applicant has successfully completed the entry level training required by RCW 74.39A.073. The certificate of completion may also be submitted directly from the approved instructor or training program.

     (3) Applicants must submit to the department:

     (a) A completed application for certification on forms provided by the department;

     (b) The required fee; and

     (c) A certificate of completion indicating that the applicant has successfully completed the entry level training required by RCW 74.39A.073.

     (4) ((Beginning January 1, 2012,)) Applicants must submit to a state and federal background check as required by RCW 74.39A.055.

[Statutory Authority: Chapters 18.88B and 74.39A RCW. 10-15-103, § 246-980-040, filed 7/20/10, effective 1/1/11.]

     (a) An individual who is employed by a nursing home subject to chapter 18.51 RCW, hospital, or other acute care setting; hospice agency subject to chapter 70.127 RCW; adult day care center; or adult day health center, and who does not hold a current health care credential described under subsection (2)(a) of this section.

     (b) An individual provider caring only for a biological, step, or adoptive child or parent.

     (c) An individual hired prior to June 30, 2014, as an individual provider who provides twenty hours or less of care for one person in any calendar month. Individual providers hired after June 30, 2014, will be required to obtain certification.

     (d) An individual employed by a supported living provider.

     (e) An individual employed by a residential habilitation center licensed under chapter 71A.20 RCW or a facility certified under 42 CFR, Part 483.

     (f) Direct care employees who are not paid by the state or by a private agency or facility licensed by the state to provide personal care services.

     (2) The following long-term care workers are not required to obtain certification as a home care aide. If they choose to voluntarily become certified, they must successfully pass the home care aide certification examination and meet all other requirements of WAC 246-980-080(2). The training requirements under RCW 74.39A.073 are not required.

     (a) An individual who holds an active credential by the department as a:

     (i) Registered nurse, a licensed practical nurse, or advanced registered nurse practitioner under chapter 18.79 RCW;

     (ii) Nursing assistant-certified under chapter 18.88A RCW;

     (iii) Certified counselor or advisor under chapter 18.19 RCW;

     (iv) Speech language pathologist assistant or audiologist under chapter 18.35 RCW;

     (v) Occupational therapist under chapter 18.59 RCW; or

     (vi) Physical therapist assistant under chapter 18.74 RCW.

     (b) A home health aide who is employed by a medicare certified home health agency and has met the requirements of 42 CFR, Part 483.35.

     (c) An individual with special education training and an endorsement granted by the superintendent of public instruction under RCW 28A.300.010.

     (d) An individual employed as a long-term care worker on ((December 31, 2010)) January 6, 2012, or who was employed as a long-term care worker ((at some point during the calendar year 2010)) between January 1, 2011, and January 6, 2012, and who completes all of the training requirements in effect as of the date of hire. This exemption expires if the long-term care worker has not provided care for over three years.

     (i) The department may require the exempt long-term care worker who is employed ((on or before December 31, 2010)) between January 1, 2011, and January 6, 2012, to provide proof of that employment. Proof may include a letter or similar documentation from the employer that hired the long-term care worker ((on or before December 31, 2010)) between January 1, 2011, and January 6, 2012, indicating the first and last day of employment, the job title, a job description, and proof of completing training requirements. Proof of training will also be accepted directly from the approved instructor or training program, if applicable. For an individual provider reimbursed by the department of social and health services, the department will accept verification from the department of social and health services or the Training Partnership.

     (ii) A long-term care worker who is employed on or before January ((1, 2011)) 6, 2012, but has not completed all of his or her training requirements in effect the day he or she was hired, must complete the training within one hundred twenty days of the date of hire to qualify for this exemption.

[Statutory Authority: Chapters 18.88B and 74.39A RCW. 10-15-103, § 246-980-070, filed 7/20/10, effective 1/1/11.]

© Washington State Code Reviser's Office