WSR 14-05-070

PROPOSED RULES

[Filed February 18, 2014, 10:26 a.m.]

Preproposal statement of inquiry was filed as WSR 13-15-125.

Title of Rule and Other Identifying Information: Changes to some sections in chapters 388-825, 388-829A, and 388-829C WAC. Following is a complete list of WAC sections to be amended or added through this proposed rule making.

SECTIONS BEING AMENDED: WAC 388-825-335 Is a background check required of a home care agency?, 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 services?, 388-825-380 When can the department reject the client's choice of an individual respite care, attendant care or personal care provider?, 388-825-385 When can the department terminate or summarily suspend an individual respite care, attendant care, or personal care provider's contract?, 388-829A-290 When may DDD not authorize payment or terminate a contract for alternative living services?, 388-829A-300 When must DDD deny the client's choice of an alternative living provider?, 388-829C-460 When may DDD stop the authorization for payment or terminate a contract for companion home services? and 388-829C-470 When may DDD deny the client's choice of a companion home provider?; and NEW SECTIONS: WAC 388-825-0600 What definitions apply to WAC 388-825-0600 through 388-825-0690 of this chapter?, 388-825-0605 Why are background checks done?, 388-825-0610 Who must have a Washington state and/or federal background check?, 388-825-0615 What is the process for obtaining a background check?, 388-825-0620 Who must have background check renewals?, 388-825-0625 What happens if I don't comply with the background check requirement?, 388-825-0630 What does the background check cover?, 388-825-0635 Who pays for the background check?, 388-825-0640 What criminal convictions, pending crimes or negative actions will prohibit me from being contracted or authorized to work in a capacity that may involve unsupervised access to individuals with a developmental disability?, 388-825-0645 May an individual work in an unsupervised capacity with individuals with developmental disabilities when their background check reveals a crime or negative action that is not considered disqualifying per chapter 388-113 WAC or WAC 388-825-0640?, 388-825-0650 What does a character, competence and suitability review include?, 388-825-0655 How will I know if I have been disqualified by the background check?, 388-825-0660 May I appeal the department's decision to deny me a contract or authorization based on the results of the background check?, 388-825-0665 Is the background check information released to my employer or prospective employer?, 388-825-0670 May I receive a copy of my criminal background check results?, 388-825-0675 What is the purpose of the one hundred twenty-day provisional hire?, 388-825-0680 Who is responsible for approving the one hundred twenty-day provisional hire?, 388-825-0685 When are individuals eligible for the one hundred twenty-day provisional hire?, and 388-825-0690 When does the one hundred twenty-day provisional hire begin?

Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on April 22, 2014, at 10:00 a.m.

Date of Intended Adoption: Not earlier than April 23, 2014.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on April 22, 2014.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 1, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose for these amendments are to consolidate background check rules and implement uniform criminal history standards between the aging and long-term support administration (ALTSA) and the developmental disabilities administration (DDA), which frequently use the same settings and provider pool.

The proposed amendments to this chapter include: Aligning disqualifying criminal history standards with the ALTSA; moving all DDA background check related rules from the background check central unit (BCCU) into DDA program WAC; and creating grandfathering language for workers hired and qualified prior to implementation of new standards, for all but the most egregious crimes.

Reasons Supporting Proposal: The consolidation and standardization of background check rules across the ALTSA and DDA will result in clarity of rules, efficiency in checks, reduced training needs, improved compliance and will significantly reduce the number of duplicate background checks conducted by affected business across the state.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120.

Statute Being Implemented: RCW 43.43.832, 43.43.837, 74.18.123.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Shaw Seaman, DDA, P.O. Box 45310, Olympia, 98504-5310, (360) 725-3443.

See Reviser's note below.

A copy of the statement may be obtained by contacting Alan McMullen, DDA, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, mcmular@dshs.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Alan McMullen, DDA, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, mcmular@dshs.wa.gov.

February 13, 2014

Katherine I. Vasquez

Rules Coordinator