WSR 14-14-029

PERMANENT RULES

[Filed June 24, 2014, 7:52 a.m., effective July 25, 2014]

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

Purpose: The primary purposes for these changes were to consolidate the secretary's lists of crimes and negative actions that disqualify persons from being a provider in home and community services, residential services, and developmental disabilities administration (DDA) contracted or licensed setting while also clarifying background check requirements. The amendments in this rule making include: Aligning disqualifying criminal history standards with the aging and long-term support administration (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.

Locating the disqualifying rules in a consolidated chapter provide better clarity and understanding for the public and contracted entities, reduce duplicative rules and consequently the volume of rules, and help preserve the health and safety of our clients.

DDA and ALTSA have coordinated these changes with the DSHS BCCU.

Other housekeeping changes such as WAC and RCW references, names of organizations, etc. were also updated.

Citation of Existing Rules Affected by this Order: Amending 388-825-335, 388-825-375, 388-825-380, 388-825-385, 388-829A-290, 388-829A-300, 388-829C-460, and 388-829C-470.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120, 43.43.842, 74.39A.056, 43.20A.710.

Adopted under notice filed as WSR 14-05-070 on February 18, 2014.

A final cost-benefit analysis is available by contacting Alan McMullen, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, e-mail mcmular@dshs.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 27, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 27, Repealed 0.

Date Adopted: June 24, 2014.

Kevin Quigley

Secretary