WSR 05-01-158PERMANENT RULES
HOME CAREQUALITY AUTHORITY
[
Filed December 20, 2004,
11:49 a.m.
, effective January 20, 2005
]
Purpose: The agency is now providing worker's
compensation coverage, which necessitates safety training to
minimize risk of provider injury and/or illness.
Citation of Existing Rules Affected by this Order: New
sections WAC 257-05-020, 257-05-040, 257-05-060, 257-05-080,
257-05-100, 257-05-120, 257-05-130, 257-05-132, 257-05-134,
257-05-140, 257-05-160, 257-05-180, 257-05-200, 257-05-220,
and 257-05-240.
Statutory Authority for Adoption: RCW 74.39A.280(3).
Adopted under notice filed as WSR 04-17-138
on August 18,
2004.
Changes Other than Editing from Proposed to Adopted Version: 1. Extending the amount of time an individual
provider has to complete the training (WAS fourteen days; now
is one hundred twenty days).
2. Using people-first terminology (changing FROM
"functionally disabled persons" to "persons who are
functionally disabled").
A final cost-benefit analysis is available by contacting Jackie Myers, Operations Manager, Home Care Quality Authority,
640 Woodland Square Loop S.E., Lacey, WA 98504, phone (360)
725-2618, fax (360) 407-0304, e-mail jmyers@hcqa.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Repealed 0;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Repealed 0;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 15,
Amended 0,
Repealed 0.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Repealed 0.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Repealed 0.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Repealed 0.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 15,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Date Adopted: December 15, 2004.
Mindy L. Schaffner
Executive Director
OTS-7502.5
Chapter 257-05 WACSAFETY TRAINING REQUIREMENTS
NEW SECTION
WAC 257-05-020
What is the purpose of WAC 257-05-020
through 257-05-240?
The intent of WAC 257-05-020 through
257-05-240 is to describe the safety training requirements for
an individual provider.
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NEW SECTION
WAC 257-05-040
What definitions apply to WAC 257-05-020
through 257-05-240?
"Challenge testing" is evaluating an
individual's prior learning experiences to determine if they
can demonstrate the required level of skill, knowledge, and/or
behavior with respect to the identified learning outcomes of a
particular course. Challenge testing demonstrates adequate
knowledge in lieu of actually participating in a required
course. "Competency testing" is evaluating a trainee to determine
if they can demonstrate the required level of skill,
knowledge, and/or behavior with respect to the identified
learning outcomes of a particular course.
"Consumer" means a person to whom an individual provider
provides any personal care or respite care services under
Medicaid personal care, community options program entry
system, chore services program, medically needy in-home
waiver, respite care program, or, respite care, personal care,
chore and attendant care to persons with developmental
disabilities under chapter 71A.12 RCW, or to provide respite
care to children receiving Medicaid personal care.
"Individual provider" means a person, regardless of
relationship, including a personal aide working for a consumer
under self-directed care, who has contracted with the
department of social and health services to provide personal
care or respite care services to persons who are functionally
disabled under the Medicaid personal care, community options
program entry system, chore services program, medically needy
in-home waiver, or respite care program, or to provide respite
care, personal care, chore and attendant care to persons with
developmental disabilities under chapter 71A.12 RCW, or to
provide respite care to children receiving Medicaid personal
care.
"HCQA" refers to the home care quality authority.
"DSHS" refers to the department of social and health
services.
"AAA" refers to the local area agency on aging office.
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NEW SECTION
WAC 257-05-060
What is safety training?
Safety training
provides basic injury, illness and accident prevention
information appropriate to the in-home setting and individuals
served. HCQA-developed safety materials must be used for
safety training of individual providers. No competency test
is required.
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NEW SECTION
WAC 257-05-080
What content must be included in safety
training?
Safety training may include the use of video tapes,
audio tapes and other print or electronic media. Safety
training consists of introductory information in the following
areas: (1) Overview of HCQA accident prevention program.
(2) General home care safety.
(3) Back injury protection in the home care environment.
(4) Slips, trips and fall prevention in the home care
environment.
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NEW SECTION
WAC 257-05-100
Is competency testing required for safety
training?
There is no competency testing required for Safety
training.
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NEW SECTION
WAC 257-05-120
Is there a challenge test for safety
training?
There is no challenge test for safety training.
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NEW SECTION
WAC 257-05-130
When does a safety training attestation
form need to be completed?
All individual providers must sign
an attestation form upon completion of safety training. The
attestation form will serve as a confirmation of completion
and understanding of the safety training content.
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NEW SECTION
WAC 257-05-132
What does an individual provider do with
the attestation form?
After the individual provider signs the
attestation form, the individual provider must mail the
attestation form to the address identified on the form. The
form must be postmarked within one hundred twenty calendar
days after an individual provider has begun to work with their
first DSHS consumer. Individual providers who are already
working for a DSHS consumer have until December 31, 2006, to
obtain the training; however, upon completion of safety
training, the individual provider must sign the attestation
form.
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NEW SECTION
WAC 257-05-134
Who maintains the attestation form?
HCQA
will maintain completed safety training attestation forms.
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NEW SECTION
WAC 257-05-140
What documentation is required for
classroom-based safety training?
The individual provider must
maintain a signed and dated certificate of completion of
safety training, issued by HCQA or any of its training
contractors that provides the safety training that includes: (1) The trainee's name;
(2) Title(s) of the specific information taught;
(3) Signature of the person overseeing classroom-based
safety training indicating completion of the required
information;
(4) The location or method of the safety training; and
(5) The date(s) of the safety training.
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NEW SECTION
WAC 257-05-160
Who is required to complete safety
training and when must it be completed?
(1) Individual
providers must complete safety training no later than one
hundred twenty calendar days after beginning to work with
their first DSHS consumer. Safety training must be provided
by appropriate HCQA staff or contracted entities, or by
approved trainers who meet DSHS requirements outlined in WAC 388-71-05875. (2) Individual providers who are already working for a
consumer as of December 1, 2004, have two calendar years to
complete safety training.
(3) Individual providers who are not required to complete
basic core training, such as revised fundamentals of
caregiving, identified in WAC 388-71-0500 through 388-71-05952
may complete safety training via distance learning. Alternate
methods to complete safety training will be provided that
could include innovative learning strategies such as:
(a) CD, video, DVD, or other electronic method.
(b) Internet-based or other computerized method.
(c) Workbook of printed subject matter.
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NEW SECTION
WAC 257-05-180
How often must safety training be
completed?
All individual providers must complete safety
training. There is no requirement for periodic refresher
safety training.
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NEW SECTION
WAC 257-05-200
Is there an alternative to safety
training for some providers?
There is no alternative
experience or education for safety training sponsored by HCQA.
There is no waiver process for previous safety training
conducted through DSHS, AAAs, or other public or private
entity.
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NEW SECTION
WAC 257-05-220
Does successful completion of safety
training meet DSHS continuing education requirements for
individual providers?
Safety training sponsored by HCQA meets
DSHS' continuing education requirements for individual
providers who are eligible to accrue continuing education
credit. Individual providers who successfully complete safety
training and are eligible to accrue continuing education
credit may present their completion certificate to their local
AAA office or their DDD or children's administration case
manager for continuing education documentation.
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NEW SECTION
WAC 257-05-240
Will DSHS deny payment of an individual
provider who does not complete safety training?
HCQA will
notify DSHS of an individual provider's noncompliance. DSHS
will deny payment of an individual provider who does not
return the attestation form and complete safety training
within one hundred twenty calendar days after beginning to
work with their first DSHS consumer. DSHS will deny payment of an individual provider who is
already caring for a consumer as of December 1, 2004, and who
does not complete the safety training by December 31, 2006.
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