WSR 19-11-062
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed May 15, 2019, 9:33 a.m.]
Supplemental notice to WSR 18-19-108.
Preproposal statement of inquiry was filed as WSR 18-05-022
Title of Rule and Other Identifying Information: The department is proposing to create new sections and amend existing sections within chapter 388-112A WAC, Residential long-term care services training. These sections provide training and certification requirements for long-term care workers in residential settings, along with instructor and curricula standards.
Hearing Location(s): On July 9, 2019, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than July 10, 2019.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., July 9, 2019.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by June 25, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend chapter 388-112A WAC, Residential long-term care services training. The proposed rules include the following changes:
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| • | WAC 388-112A-0010 contains technical corrections and adds a definition for special needs. |
| • | WAC 388-112A-0050, 388-112A-0060, 388-112A-0070, and 388-112A-0090 contain technical corrections on identifying qualifying credential for exemption. |
| • | WAC 388-112A-0125 is a new section added to clarify employment and training records that caregivers should provide and employers review prior to hire. |
| • | WAC 388-112A-0490 and 388-112A-0495 correct language to be consistent with statutory requirements in RCW 70.128.230 and 18.20.270. |
| • | WAC 388-112A-0590 clarifies when training may be applied to the seventy hour long-term care worker basic training. |
| • | WAC 388-112A-0600 renumbers provisions for clarity. |
| • | WAC 388-112A-0610, new WAC 388-112A-0611 and 388-112A-0612 clarify continuing education requirements, who needs to complete it each year, how many hours are required, and corresponding deadlines including for caregiver hires who return after a break in service. For the adult family subsection, the rule also clarifies continuing education requirements for safe food handling to match the requirement under RCW 70.128.250. |
| • | WAC 388-112A-1020 clarifies training preapproval and online requirements. |
| • | WAC 388-112A-1240, 388-112A-1270, and 388-112A-1285 contain technical corrections to clarify instructor qualifications. |
Reasons Supporting Proposal: These changes are necessary to clarify caregiver training and certification requirements, and training program requirements.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Grace Kiboneka, 4450 10th Avenue S.E., Lacey, WA 98503, 360-725-2558; Implementation and Enforcement: Christine Morris, 4450 10th Avenue S.E., Lacey, WA 98503, 360-725-2549.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is required under RCW
34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5310 [98504-5600], phone 360-725-2495, fax 360-725-2646, TTY 1-800-833-6388, email
suliva@dshs.wa.gov.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. These proposed rules impact adult family homes, assisted living facilities, enhanced services facilities, and community instructor training programs. These businesses fall under the following North American Industry Classification System (NAICS) designations:
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| • | Residential mental health facilities – NACIS [NAICS] code 6232. |
| • | Residential developmental disabilities homes – NACIS [NAICS] codes 62321, 623210. |
| • | Other residential care facilities – NACIS [NAICS] codes 6239, 62399, 623990. |
| • | Continuing care, assisted living facilities – NAICS code 6233, 62331, 623311, 623312. |
| • | Technical and trade schools - NAICS code 61151. |
DSHS aging and long-term support administration has analyzed the proposed rule amendments and has determined that the listed small businesses may be impacted by these changes. However, the department estimates that the costs are "minor" as that term is defined in RCW
19.85.030.
A copy of the detailed cost calculations may be obtained by contacting Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5310 [98504-5600], phone 360-725-2495, fax 360-725-2646, TTY 1-800-833-6388, email suliva@dshs.wa.gov.
May 8, 2019
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the
19-12 issue of the Register.