WSR 13-19-001

PREPROPOSAL STATEMENT OF INQUIRY

[Filed September 4, 2013, 12:32 p.m.]

Subject of Possible Rule Making: The department is proposing to add a section to chapter 388-71 WAC, Home and community services and programs. The new section will identify exceptions to the electronic timekeeping requirement for home care agencies.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.39A.325 and 3ESSB 5034 Operating budget - §205 (1)(h) and 206(8). The department is authorized to establish limited exemption criteria in rule to address RCW 74.39A.325 when a landline phone is not available to the employee.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The intent of RCW 74.39A.325 is to require home care agencies licensed under chapter 70.127 RCW and providing medicaid funded in-home personal care or respite services to verify agency employee hours by electronic timekeeping. The way this rule is written there is no allowance for individual consumer circumstances or a limited amount of human error. This proposed rule will allow the department to clarify how the statute is to be applied regarding exemptions to electronic timekeeping when a landline phone is not available. Other related changes that arise during this rule making may be incorporated. Other WAC chapters may need to be updated as a result of this rule making.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Within DSHS, developmental disabilities administration home care services also fall under the same statute. Rule making will be closely coordinated with them.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2495, fax (360) 407-7582, TTY (360) 493-2637, e-mail angel.sulivan@dshs.wa.gov.

September 4, 2013

Katherine I. Vasquez

Rules Coordinator