WSR 06-24-031

EMERGENCY RULES

HOME CARE

QUALITY AUTHORITY

[ Filed November 29, 2006, 2:59 p.m. , effective December 21, 2006 ]


Effective Date of Rule: December 21, 2006.

Purpose: Amending WAC 257-05-160 Who is required to complete safety training and when must it be completed? and 257-05-240 Will DSHS deny payment of an individual provider who does not complete safety training?, to remove the safety training requirement for individual providers working for a consumer prior to December 1, 2004.

Citation of Existing Rules Affected by this Order: Amending WAC 257-05-160 and 257-05-240.

Statutory Authority for Adoption: RCW 74.39A.280(3).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The current WAC would require individual providers already caring for consumers of in-home care services prior to December 1, 2004, to complete safety training conducted by and through the home care quality authority. Without the emergency rule, if this WAC were to be applied on or after January 1, 2007, to all the workers in this category who have not completed the training, DSHS must deny payment to these workers who continue to care for consumers of in-home care services. Without payment, care providers might not provide continued care, which could jeopardize the health and safety of those consumers.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: November 28, 2006.

Rick Hall

Executive Director

OTS-9416.1


AMENDATORY SECTION(Amending WSR 05-01-158, filed 12/20/04, effective 1/20/05)

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.

[Statutory Authority: RCW 74.39A.280(3). 05-01-158, 257-05-160, filed 12/20/04, effective 1/20/05.]


AMENDATORY SECTION(Amending WSR 05-01-158, filed 12/20/04, effective 1/20/05)

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.))

[Statutory Authority: RCW 74.39A.280(3). 05-01-158, 257-05-240, filed 12/20/04, effective 1/20/05.]

Washington State Code Reviser's Office