WSR 20-05-079
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed February 18, 2020, 1:10 p.m.]
Supplemental Notice to WSR 19-11-062.
Preproposal statement of inquiry was filed as WSR 18-05-022.
Title of Rule and Other Identifying Information: Chapter 388-112A WAC, Residential long-term care services training. This chapter provides training and certification requirements for long-term care workers in residential settings, along with instructor and curricula standards.
Hearing Location(s): On April 7, 2020, at 10:00 a.m., at Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than April 8, 2020.
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., April 7, 2020.
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 March 24, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is planning 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 definitions for special needs and renewal period; |
| • | WAC 388-112A-0050, 388-112A-0060, 388-112A-0070, and 388-112A-0090 contain technical corrections on identifying qualifying credential[s] 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 and 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 caregivers hires who return after a break in service. For the adult family subsection, the rule also clarifies continuing education requirement for safe food handling to match the requirement under RCW 70.128.250; |
| • | WAC 388-112A-1020 clarifies training curriculum approval and online requirements; and |
| • | WAC 388-112A-1240, 388-112A-1270, and 388-112A-1285 contain technical corrections to clarify instructor qualifications. |
Due to significant feedback from stakeholders after the first supplemental CR-102 hearing, the department reengaged with stakeholders over several weeks to address concerns. The resulting mutually-agreed language further clarifies rules particularly around the subject of continuing education. Language to the proposed changes are sufficient to warrant a second supplemental CR-102 request.
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: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: David Chappell, 4450 10th Avenue S.E., Lacey, WA 98503, 360-725-2516; and Enforcement: Adora Brouillard, 4450 10th Avenue S.E., Lacey, WA 98503, 360-725-2538.
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, 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 designations:
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| • | Residential mental health facilities - NACIS code 6232; |
| • | Residential developmental disabilities homes - NACIS codes 62321, 623210; |
| • | Other residential care facilities - NACIS codes 6239, 62399, 623990; |
| • | Continuing care, assisted living facilities - NAICS code 6233, 62331, 623311, 623312; |
| • | Technical and trade schools - NAICS code 61151. |
The department of social and health services' 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.
February 13, 2020
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
20-06 issue of the Register.