DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Long-Term Support Administration)

The purpose of this chapter is to describe the operation of the home care referral registry.

The following definitions apply to WAC 388-71-06020 through ((388-71-06420)) 388-71-06165:

"ALJ" means administrative law judge.))

"Consumer((/employer))" means an adult or child with a functional or developmental ((disabilities)) disability who qualifies for ((and uses)) personal care or respite care paid for through medicaid or state-only funds and chooses to use the referral registry to find and employ an individual provider. Consumer also includes an individual who is acting as a representative on behalf of the consumer.

"Department" or "DSHS" means the department of social and health services, including but not limited to the department's developmental disabilities administration and aging and long-term support administration.

"HCRR" means the home care referral registry.

"Individual provider" or "IP" means a person, ((regardless of relationship,)) including a personal aide ((working for a consumer under self-directed care, who has a contract with the department of social and health services to provide personal care or respite care services to adults or children with functional or developmental disabilities and is reimbursed for those services through medicaid or state-only funding)), who is employed by a consumer and who has a contract with the department to provide personal care services or respite care services under chapter 388-71 or 388-825 WAC.

"Prospective ((individual provider)) IP" means someone who has met the initial requirements for employment under chapter 74.39A RCW, is placed on the referral registry, and is seeking employment but has not been matched with a consumer((/employer)).

((To increase consumer/employer choice while providing assistance in finding individual providers and prospective individual providers. In addition, the referral registry)) The purpose of the referral registry is to help consumers find individual providers of personal care or respite care by maintaining a list of pre-screened providers. The referral registry:

(1) Takes into account the ((consumer/employer)) consumer's needs and preferences when identifying potential individual providers;

(2) ((Provides for reasonable standards of accountability for providers and prospective individual providers listed on the registry;

(3))) Is voluntary for ((individual)) providers and ((prospective individual providers and consumers/employers)) consumers;

(((4))) (3) Promotes job opportunities for ((individual)) providers ((and prospective individual providers));

(((5))) (4) Provides access to the data base for ((consumer/employers)) consumers who want to ((query)) search for a ((referral independently)) provider; and

(((6))) (5) Increases a ((consumer/employer's)) consumer's choice ((of individual providers and prospective individual providers via)) through an established pool of available ((individual providers and prospective individual)) providers on the registry.

The following ((categories of)) persons are eligible to request a ((referral)) list of providers from the referral registry:

(1) ((Consumer/employers who are adults or children with functional or developmental disabilities)) Consumers who qualify for ((and use or will use)) personal care or respite care paid for ((through)) with medicaid or state-only funds.

(2) Persons who are authorized to ((request a referral on behalf of a consumer including family members, area agency on aging case managers, department social workers and/or a consumer representative)))) act on behalf of consumers who qualify for personal care or respite care.

(3) Case management staff within the department or an area agency on aging.

The consumer or consumer's designated representative is responsible for interviewing, screening, hiring, supervising, and terminating an IP or prospective IP as required under WAC 388-71-0505 or 388-825-315.

The applicant must satisfy the following requirements to be placed on the referral registry as a provider:

(1) Be eighteen years of age or older;

(2) Provide:

(a) A social security card;

(b) A current driver's license issued by the state of Washington or another state in which the applicant resides or has recently resided; or

(c) A current identification card, which includes the applicant's photograph, issued by the state of Washington or another state in which the applicant resides or has recently resided;

(3) Complete an application and pre-screening with the registry coordinator;

(4) Satisfactorily complete a Washington state patrol name and date of birth background screening as required by WAC 388-71-0510 and 388-825-320;

(5) Review "Becoming an IP" booklet unless the applicant has already worked as an individual provider for more than three months;

(6) Complete orientation and safety training as required by WAC 388-71-0860;

(7) Have a current provider contract(s) with DSHS or initiate the process for obtaining a provider contract(s); and

(8) Satisfactorily complete a national fingerprint-based background screening if the applicant has lived in the state of Washington for less than three years.

Applicants who do not meet the provider requirements under this section will not be placed on the referral registry.

In order to continue to be listed on the referral registry, an IP or prospective IP must:

(1) Satisfactorily complete the background screening process every two years or as required by the department;

(2) After being matched with a consumer:

(a) Satisfactorily complete a national fingerprint-based background screening, as required by RCW 74.39A.056, unless determined exempt or fingerprints are already on file with the department;

(b) Complete required training under WAC 388-71-0523 or 388-825-355; and

(c) Meet certification requirements, unless exempt, under WAC 388-71-0523 or 388-825-355.

(3) The department may require an IP or prospective IP to have a Washington state name and date of birth background screening or a Washington state and national fingerprint-based background screening, or both, at any time.

Failure to comply with any of the requirements under this section may result in removal from the referral registry.

An IP or prospective IP will be removed from the referral registry when he or she:

(1) Fails to meet the ongoing requirements set forth in WAC 388-71-06150;

(2) In the performance of his or her duties as an IP, has committed any unlawful act or provided care in an improper manner, including but not limited to:

(a) An act that jeopardized the health and safety of any persons; or

(b) Has demonstrated a pattern of poor performance.

(3) Requests that his or her name be removed from the referral registry;

(4) Has had his or her individual provider contract terminated under WAC 388-71-0551 or 388-825-385.

An IP, prospective IP, or the consumer to whom the individual provider is providing services may request a fair hearing to contest removal from the referral registry by using the procedures described in this section.

(1) All fair hearing requests to contest removal from the referral registry must be in writing and mailed, delivered, or faxed to the office of administrative hearings (OAH). OAH must receive the written request within 28 calendar days of the date the department's notice is mailed to or personally served upon the IP or the prospective IP, whichever occurs first.

(2) The IP, prospective IP, or consumer should keep a copy of his or her request for a fair hearing.

(3) The appeal process will be governed by chapter 34.05 RCW, chapter 388-02 WAC, and this chapter. If there is a conflict between chapter 388-02 WAC and this chapter, this chapter will govern.

A consumer's right to appeal the department's denial, termination, or suspension of an individual provider's contact is described in WAC 388-71-0560.