WSR 14-05-070 PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed February 18, 2014, 10:26 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-125.
Title of Rule and Other Identifying Information: Changes to some sections in chapters 388-825, 388-829A, and 388-829C WAC. Following is a complete list of WAC sections to be amended or added through this proposed rule making.
SECTIONS BEING AMENDED: WAC 388-825-335 Is a background check required of a home care agency?, 388-825-375 When will the department deny payment for services of an individual or home care agency providing respite care, attendant care, or personal care services?, 388-825-380 When can the department reject the client's choice of an individual respite care, attendant care or personal care provider?, 388-825-385 When can the department terminate or summarily suspend an individual respite care, attendant care, or personal care provider's contract?, 388-829A-290 When may DDD not authorize payment or terminate a contract for alternative living services?, 388-829A-300 When must DDD deny the client's choice of an alternative living provider?, 388-829C-460 When may DDD stop the authorization for payment or terminate a contract for companion home services? and 388-829C-470 When may DDD deny the client's choice of a companion home provider?; and NEW SECTIONS: WAC 388-825-0600 What definitions apply to WAC 388-825-0600 through 388-825-0690 of this chapter?, 388-825-0605 Why are background checks done?, 388-825-0610 Who must have a Washington state and/or federal background check?, 388-825-0615 What is the process for obtaining a background check?, 388-825-0620 Who must have background check renewals?, 388-825-0625 What happens if I don't comply with the background check requirement?, 388-825-0630 What does the background check cover?, 388-825-0635 Who pays for the background check?, 388-825-0640 What criminal convictions, pending crimes or negative actions will prohibit me from being contracted or authorized to work in a capacity that may involve unsupervised access to individuals with a developmental disability?, 388-825-0645 May an individual work in an unsupervised capacity with individuals with developmental disabilities when their background check reveals a crime or negative action that is not considered disqualifying per chapter 388-113 WAC or WAC 388-825-0640?, 388-825-0650 What does a character, competence and suitability review include?, 388-825-0655 How will I know if I have been disqualified by the background check?, 388-825-0660 May I appeal the department's decision to deny me a contract or authorization based on the results of the background check?, 388-825-0665 Is the background check information released to my employer or prospective employer?, 388-825-0670 May I receive a copy of my criminal background check results?, 388-825-0675 What is the purpose of the one hundred twenty-day provisional hire?, 388-825-0680 Who is responsible for approving the one hundred twenty-day provisional hire?, 388-825-0685 When are individuals eligible for the one hundred twenty-day provisional hire?, and 388-825-0690 When does the one hundred twenty-day provisional hire begin?
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on April 22, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than April 23, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on April 22, 2014.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 1, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose for these amendments are to consolidate background check rules and implement uniform criminal history standards between the aging and long-term support administration (ALTSA) and the developmental disabilities administration (DDA), which frequently use the same settings and provider pool.
The proposed amendments to this chapter include: Aligning disqualifying criminal history standards with the 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.
Reasons Supporting Proposal: The consolidation and standardization of background check rules across the ALTSA and DDA will result in clarity of rules, efficiency in checks, reduced training needs, improved compliance and will significantly reduce the number of duplicate background checks conducted by affected business across the state.
Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120.
Statute Being Implemented: RCW 43.43.832, 43.43.837, 74.18.123.
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, Implementation and Enforcement: Shaw Seaman, DDA, P.O. Box 45310, Olympia, 98504-5310, (360) 725-3443.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
SUMMARY OF PROPOSED RULES: The department of social and health services' developmental disabilities administration (DDA) is proposing amendments to chapter 388-825 WAC, Developmental disabilities services rules; chapter 388-829A WAC, Alternative living; and chapter 388-829C WAC, Companion homes.
The purpose of this chapter is to: Consolidate background check rules and implement uniform criminal history standards between ALTSA and DDA, which frequently use the same settings and provider pool.
The proposed amendments to this chapter include:
(1) Aligning disqualifying criminal history standards with ALTSA.
(2) Moving all DDA background check related rules from the BCCU into DDA program WAC chapters.
(3) Creating grandfathering language for workers hired and qualified prior to implementation of new standards, for all but the most egregious crimes.
SMALL BUSINESS ECONOMIC IMPACT STATEMENT—DETERMINATION OF NEED: Chapter 19.85 RCW, the Regulatory Fairness Act, requires that the economic impact of proposed regulations be analyzed in relation to small businesses. The WAC chapter changes related to background check consolidation will not have a disproportionate economic impact on small businesses. The department has thoroughly reviewed background check inefficiencies in place with current rules, as written including:
(1) Duplicate background check requirements for same staff person, driven by current rules.
(2) Conflicting rules in place for same provider/same setting serving clients from two divisions (e.g. home and community services (HCS) and DDA[)].
(3) Poor compliance with program rules due to background check complexity, and varying standards.
(4) Negative fiscal and workload impact on both small and large business resulting from regulatory work, contradictory standards, duplicate background check requirements and training needs.
The consolidation and standardization of background check rules across the ALTSA and DDA administration will result in clarity of rules, efficiency in checks, reduced training needs, improved compliance and will significantly reduce the number of duplicate background checks conducted by affected businesses across the state.
INDUSTRY ANALYSIS: These proposed rules impact all small businesses contracted to provide direct service to clients of DDA including: Certified residential providers (approximately two hundred businesses); companion homes (approximately sixty); alternative living providers (approximately one hundred fifty); adult family homes (approximately six hundred used by DDA clients).
The majority of these businesses meet the definition of small business defined in RCW 19.85.020. Again, DDA has concluded any negative impact to any specific small business would be negligible and the impact on the industry as a whole will be fiscally positive, while improving the health and safety of vulnerable populations served by two administrations.
INVOLVEMENT OF SMALL BUSINESSES: These rule changes were driven, in part, by demand from businesses. Working drafts have also been shared with stakeholders (including certified residential providers, AFHs and unions), both in person and electronically. Stakeholder input is reflected in the proposed rules.
COST OF COMPLIANCE: Under chapter 19.85 RCW, DDA has considered annual costs to small businesses and concluded there will be no impact of fifty dollars or more per caregiver.
General Costs: DDA analysis revealed that there are no significant costs imposed by the proposed amendments.
Disproportionate Economic Impact Analysis: None.
Mitigating Costs: Not applicable.
Benefits for Proposed Rules: See above.
JOBS CREATED OR LOST: Not applicable.
CONCLUSION: DDA has given careful consideration to the impact of proposed rules in chapter 388-825 WAC, Developmental disabilities services rules; chapter 388-829A WAC, Alternative living; and chapter 388-829C WAC, Companion homes on small businesses. To comply with the Regulatory Fairness Act, chapter 19.85 RCW, DDA has analyzed impacts on small businesses and proposed ways to mitigate costs considered more than minor and disproportionate, however, no significant costs were identified.
Please contact Shaw Sherman if you have any questions at (360) 259-4417.
A copy of the statement may be obtained by contacting Alan McMullen, DDA, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, mcmular@dshs.wa.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Alan McMullen, DDA, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, mcmular@dshs.wa.gov.
February 13, 2014
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)
WAC 388-825-335 Is a background check required of a long-term care worker employed by a home care agency ((provider)) licensed by the department of health?
In order to be a long-term care worker employed by a home care agency ((provider)), a person must:
(1) ((complete)) Complete the ((department's criminal conviction background inquiry application, which is submitted by the agency to the department. This includes an FBI fingerprint-based background check if the home care agency provider has lived in the state of Washington less than three years)) required DSHS form authorizing a background check.
(2) Disclose any disqualifying criminal convictions and pending charges as listed in chapter 388-113 WAC, and also disclose civil adjudication proceedings and negative actions as those terms are defined in WAC 388-71-0512.
(3) Effective January 8, 2012, be screened through Washington state's name and date of birth background check. Preliminary results may require a thumb print for identification purposes
(4) Effective January 8, 2012, be screened through the Washington state and national fingerprint-based background check, as required by RVW 74.39A.056.
(5) Results of background checks are provided to the department and the employer or potential employer for the purpose of determining whether the person:
(a) Is disqualified based on a disqualifying criminal conviction or a pending charge for a disqualifying crime as listed in 388-113-0020, civil adjudication proceeding, or negative action as defined in 388-71-0512 and listed in 388-71-0540; or
(b) Should or should not be employed based on his or her character, competence, and/or suitability.
(6) For those providers listed in RCW 43.43.837(1), a second national fingerprint-based background check is required if they have lived out of the state of Washington since the first national fingerprint-based background check was completed.
(7) The department may require a long-term care worker to have a Washington state name and date of birth background check or a Washington state and national fingerprint-based background check, or both, at any time.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. AMENDATORY SECTION (Amending WSR 10-02-101, filed 1/6/10, effective 2/6/10)
WAC 388-825-375 When will the department deny payment for services of an individual or home care agency providing respite care, attendant care, or personal care services?
(1) The department will deny payment for the services of an individual or home care agency providing respite care, attendant care, or personal care who:
(a) Is the client's spouse, per 42 C.F.R. 441.360(g), except in the case of an individual provider for a chore services client. Note: For chore spousal providers, the department pays a rate not to exceed the amount of a one-person standard for a continuing general assistance grant((, per WAC 388-478-0030));
(b) Is providing services under this chapter to their natural/step/adoptive minor client aged seventeen or younger;
(c) Has been convicted of ((a)), or has a pending charge that is a disqualifying crime, under ((RCW 43.43.830 and 43.43.842 or of a crime relating to drugs as defined in RCW 43.43.830)) chapter 388-113 WAC;
(d) Has ((abused, neglected, abandoned, or exploited a minor or vulnerable adult, as defined in chapter 74.34 RCW;
(e) Has had a license, certification, or a contract for the care of children or vulnerable adults denied, suspended, revoked, or terminated for noncompliance with state and/or federal regulations)) been subject to a negative action described in WAC 388-825-0640;
(((f))) (e) Does not successfully complete the training requirements within the time limits required in chapter 388-71 WAC ((388-71-05665 through 388-71-05909)); or
(((g))) (f) Is terminated by the client (in the case of an individual provider) or by the home care agency (in the case of an agency provider).
(2) In addition, the department may deny payment to or terminate the contract of an individual provider as provided under WAC 388-825-380((,)) and 388-825-385 ((and 388-825-390)).
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. AMENDATORY SECTION (Amending WSR 05-17-135, filed 8/19/05, effective 9/19/05)
WAC 388-825-380 When ((can)) may the department reject the client's choice of an individual respite care, attendant care or personal care provider?
The department may reject a client's request to have a family member or other person serve as his or her individual respite care, attendant care or personal care provider if the case manager has a reasonable, good faith belief that the person will be unable to appropriately meet the client's needs. Examples of circumstances indicating an inability to meet the client's needs could include, without limitation:
(1) Evidence of alcohol or drug abuse;
(2) Evidence of a conviction, pending charge, or negative action described in WAC 388-825-0640.
(3) A reported history of domestic violence, no-contact orders, or criminal conduct (whether or not the conduct is automatically disqualifying under RCW 43.43.830 ((and)), 43.43.842 or chapter 388-113 WAC);
(((3))) (4) A report from the client's health care provider or other knowledgeable person that the requested provider lacks the ability or willingness to provide adequate care;
(((4))) (5) Other employment or responsibilities that prevent or interfere with the provision of required services;
(((5))) (6) Excessive commuting distance that would make it impractical to provide services as they are needed and outlined in the client's service plan.
AMENDATORY SECTION (Amending WSR 07-23-062, filed 11/16/07, effective 12/17/07)
WAC 388-825-385 When ((can)) may the department terminate ((or summarily suspend)) an individual respite care, attendant care, or personal care provider's contract?
The department may take action to terminate an individual respite care, attendant care, or personal care provider's contract if the provider's inadequate performance or inability to deliver quality care is jeopardizing the client's health, safety, or well-being. ((The department may summarily or immediately suspend the contract pending a hearing based on a reasonable, good faith belief that the client's health, safety, or well-being is in imminent jeopardy.)) Examples of circumstances indicating jeopardy to the client could include, without limitation:
(1) ((Domestic violence or abuse, neglect, abandonment, or exploitation of a minor or vulnerable adult)) Evidence of a conviction, pending charges, or negative actions described in WAC 388-825-0640;
(2) Using or being under the influence of alcohol or illegal drugs during working hours;
(3) Other behavior directed toward the client or other persons involved in the client's life that places the client at risk of harm;
(4) A report from the client's health care provider that the client's health is negatively affected by inadequate care;
(5) A complaint from the client or client's representative that the client is not receiving adequate care;
(6) The absence of essential interventions identified in the service plan, such as medications or medical supplies; and/or
(7) Failure to respond appropriately to emergencies.
(8) The department, AAA or department designee may also terminate an individual provider's contract for reasons described under WAC 388-71-0551.
Developmental Disabilities Administration Background Check Requirements
NEW SECTION
WAC 388-825-0600 What definitions apply to WAC 388-825-0600 through 388-825-0690 of this chapter?
The following definitions apply to WAC ((388-06-0100)) 388-825-0600 through ((388-06-0260)) 388-825-0690 of this chapter:
"Agency" means any agency of the state or any private agency providing services to individuals with developmental disabilities.
"Authorized" or "authorization" means not disqualified by the department to have unsupervised access to children and individuals with a developmental disability. This includes persons who are certified or contracted by the department, allowed to receive payments from department funded programs, or who volunteer with department funded programs.
"Background check central unit (BCCU)" means the DSHS program responsible for conducting background checks for DSHS administrations.
"Certification" means department approval of an entity that does not legally need to be licensed indicating that the entity nevertheless meets minimum licensing requirements.
"Civil adjudication proceeding" is a judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34, 26.44 or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.
"Community residential service businesses" include all division of developmental disabilities supported living providers with the exception of supported living providers who are also licensed as an assisted living facility or adult family home provider. Community residential service providers also include DDA companion homes, DDA alternative living and licensed residential homes for children.
"DDA" means the developmental disabilities administration within the department of social and health services (DSHS).
"Department" means the department of social and health services (DSHS).
"Disqualified" means that the results of an individual's background check disqualifies him or her from a position which will or may involve unsupervised access to individuals with developmental disabilities.
"Entity" means, but is not limited to, a licensed facility, a corporation, a partnership, a sole proprietorship, or a contracted or certified service provider.
"Hire" means engagement by an agency, entity or a hiring individual to perform specific agreed duties as a paid employee, a contract employee, a volunteer, or a student intern.
"Individual provider" has the same meaning as defined in RCW 74.39A.240.
"Individuals with a developmental disability" means individuals who meet eligibility requirements in Title 71A RCW as further defined in chapter 388-823 WAC.
"Long-term care worker" has the same meaning as defined in RCW 74.39A.009.
"Qualified" means an individual can be hired into a position that includes unsupervised access to individuals with developmental disabilities because the results of his or her background check are not disqualifying.
"Permanent Restraining Order" means a restraining order/order of protection issued either following a hearing, or by stipulation of the parties. A "permanent" order may be in force for a specific time period (e.g. 1 year), after which it expires.
"Temporary Restraining Order" means restraining order/order of protection that expired without a hearing, was dismissed following an initial hearing, or was dismissed by stipulation of the parties in lieu of an initial hearing."
"Unsupervised" means not in the presence of:
(1) The licensee, another employee or volunteer from the same business or organization as the applicant who has not been disqualified by the background check.
(2) Any relative or guardian of the individual with a developmental disability to whom the applicant has access during the course of his or her employment or involvement with the business or organization (RCW 43.43.080(9)).
"We" refers to the department, including licensors and social workers.
"WSP" refers to the Washington state patrol.
Reviser's note: The unnecessary underscoring and strikethrough in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. NEW SECTION
WAC 388-825-0605 Why are background checks done?
The department requires background checks to be run to help safeguard the health, safety and well-being of individuals with a developmental disability.
NEW SECTION
WAC 388-825-0610 Who must have a Washington State and/or federal background check?
(1) DDA requires background checks on all contracted providers, individual providers, employees of contracted providers, and any other individual who needs to be qualified by DDA to have unsupervised access to individuals with developmental disabilities.
(2) Long-term care workers as defined in chapter 74.39A RCW hired after January 7, 2012 are subject to national fingerprint-based background checks.
NEW SECTION
WAC 388-825-0615 What is the process for obtaining a background check?
(1) Long-term care workers, including individual providers, undergoing a background check for initial hire or initial contract, after January 7, 2012, will be screened through a state name and date of birth check and a national fingerprint-based background check; except that long-term care workers in community residential service businesses are subject to background checks as described in WAC 388-825-0615 (a) and (b). Parents are not exempt from the long-term care background check requirements.
(a) Prior to January 1, 2016 community residential service businesses as defined above will be screened as follows:
(i) Individuals who have continuously resided in Washington state for the past three consecutive years will be screened through a state name and date of birth background check.
(ii) Individuals who have resided outside of Washington state within the past three years will be screened through a state name and date of birth and a national fingerprint-based background check.
(b) Beginning January 1, 2016 community residential service businesses as defined above will be screened as described in WAC 388-825-0615(1).
(2) For adult family homes refer to chapter 388-76 WAC, adult family home minimum licensing requirements. For assisted living facilities refer to chapter 388-78A WAC, assisted living licensing rules.
NEW SECTION
WAC 388-825-0620 Who must have background check renewals?
(1) DDA requires rechecks for all DDA contracted providers and their employees at least every three years or more frequently if required by program rule. Rechecks will be conducted as follows:
(a) Individuals who have continuously resided in Washington State for the past three consecutive years will be screened through a state name and date of birth background check.
(b) Individuals who have lived outside of Washington state within the past three years will be screened through a state name and date of birth check and a national fingerprint-based background check.
NEW SECTION
WAC 388-825-0625 What happens if I don't comply with the background check requirement?
The department will deny, suspend or revoke your license, contract, certification, or authorization to care for individuals with a developmental disability, if you or someone working within your program who has unsupervised access does not comply with the department's requirement for a background check.
NEW SECTION
WAC 388-825-0630 What does the background check cover?
(1) The department must review criminal convictions and pending charges based on identifying information provided by you. The background check may include but is not limited to the following information sources:
(a) Washington state patrol.
(b) Washington courts.
(c) Department of corrections.
(d) Department of health.
(e) Civil adjudication proceedings.
(f) Applicant's self-disclosure.
(g) Out-of-state law enforcement and court records.
(2) DDA requires fingerprint-based background checks as described in WAC 388-825-0615. These background checks include a review of conviction records through the Washington state patrol, the Federal Bureau of Investigation, and the national sex offender registry.
NEW SECTION
WAC 388-825-0635 Who pays for the background check?
DDA pays for background checks, including fingerprint-based background checks, for individuals seeking authorization to provide services to clients of DDA.
NEW SECTION
WAC 388-825-0640 What criminal convictions, pending crimes or negative actions will prohibit me from being contracted or authorized to work in a capacity that may involve unsupervised access to individuals with a developmental disability?
(1) The list of disqualifying crimes recognized by the developmental disabilities administration and the aging and long-term support administration can be found in chapter 388-113 WAC.
(2) The following negative actions will automatically disqualify an individual from having unsupervised access to individuals with a developmental disability:
(a) A final finding of abuse, neglect, financial exploitation or abandonment of a vulnerable adult, unless the finding was made by Adult Protective Services prior to October, 2003.
(b) A final finding of abuse or neglect by child protective services, unless the finding was made prior to October 1, 1998.
(c) A court ordered permanent restraining order/order of protection, either active or expired, against the individual that was based upon abuse, neglect, financial exploitation, or mistreatment of a child or vulnerable adult.
(d) Registered sex offender status.
NEW SECTION
WAC 388-825-0645 May an individual work in an unsupervised capacity with individuals with developmental disabilities when their background check reveals a crime or negative action that is not considered disqualifying per chapter 388-113 WAC or WAC 388-825-0640?
An individual with crimes or negative actions that are not disqualifying per chapter 388-113 WAC or WAC 388-825-0640 may work in an unsupervised capacity with individuals with developmental disabilities only when a character, competence and suitability review has been conducted.
NEW SECTION
WAC 388-825-0650 What does a character, competence and suitability review include?
The contractor, entity, or hiring authority must review an individual's background to determine character, competence and suitability to have unsupervised access to individuals with a developmental disability. In this review, the contractor, entity or hiring authority must consider the following factors:
(a) The amount of time that has passed since you were convicted or were subject to a negative action;
(b) The seriousness of the crime or action that led to the conviction or finding;
(c) The number and types of other convictions in your background;
(d) Your age at the time of conviction;
(e) Documentation indicating you have successfully completed all court-ordered programs and restitution;
(f) Your behavior since the conviction; and
(g) The vulnerability of those that would be under your care.
NEW SECTION
WAC 388-825-0655 How will I know if I have been disqualified by the background check?
(1) The department will notify you, and the care provider, the employer, or the licensor if you have been disqualified by the background check. The notice will be in writing and will include any laws and rules that require disqualification.
(2) If the department sends you a notice of disqualification, you will not receive a license, contract, certification, or be authorized to have unsupervised access to individuals with a developmental disability.
NEW SECTION
WAC 388-825-0660 May I appeal the department's decision to deny me a contract or authorization based on the results of the background check?
(1) Prospective volunteers, interns, contractors, or those seeking certification do not have the right to appeal the department's decision to deny authorization for unsupervised access to individuals with a developmental disability.
(2) The employer or prospective employer cannot contest the department's decision on your behalf.
NEW SECTION
WAC 388-825-0665 Is the background check information released to my employer or prospective employer?
The department will release the source of the disqualifying crime or negative action and WSP rap sheet to authorized requesters as allowed by state law. The department will follow laws related to the release of criminal history records (chapters 10.97 and 43.43 RCW) and public disclosure (chapter 42.17 RCW) when releasing any information.
NEW SECTION
WAC 388-825-0670 May I receive a copy of my criminal background check results?
(1) The department will provide you a copy of your criminal background check results if you:
(a) Make the request in writing to the department; and
(b) Offer proof of identity, such as picture identification.
(2) A copy of your WSP criminal background check results may also be obtained from the Washington state patrol (chapter 10.97 RCW).
NEW SECTION
WAC 388-825-0675 What is the purpose of the one hundred twenty-day provisional hire?
The one hundred twenty-day provisional hire allows an employee or contractor to have unsupervised access to individuals with a developmental disability on a provisional basis pending the results of their Federal Bureau of Investigation (FBI) background check.
NEW SECTION
WAC 388-825-0680 Who is responsible for approving the one hundred twenty-day provisional hire?
The agency, entity or hiring individual is responsible for approving individuals for the one hundred twenty-day provisional hire.
NEW SECTION
WAC 388-825-0685 When are individuals eligible for the one hundred twenty-day provisional hire?
All DDA service providers working in an unsupervised capacity, including long-term care workers as defined in chapter 74.39A RCW, are eligible for the one hundred twenty-day provisional hire, pending the outcome of the fingerprint-based background check, as long as the worker is not disqualified as a result of the initial name and date of birth background check.
NEW SECTION
WAC 388-825-0690 When does the one hundred twenty-day provisional hire begin?
The one hundred twenty-day provisional hire may begin from either:
(1) The date of hire of an individual; or
(2) After completion of a state background check on an individual.
The agency, entity, or hiring individual makes this decision.
AMENDATORY SECTION (Amending WSR 07-16-101, filed 7/31/07, effective 9/1/07)
WAC 388-829A-290 When may ((DDD)) DDA ((not)) decline to authorize payment or terminate a contract for alternative living services?
((DDD)) DDA may not authorize payment or may terminate a contract for the services of an alternative living provider, when that provider:
(1) Is no longer the client's ((choice of)) provider of choice.
(2) Demonstrates inadequate performance or inability to deliver quality care which is jeopardizing the client's health, safety, or well-being. ((DDD)) DDA may terminate the contract based on a reasonable, good faith belief that the client's health, safety, or well-being is in imminent jeopardy.
(3) Is unable to clear a background check required by RCW 43.20A.710.
(4) Has been convicted of ((a)), or has a pending crime that is disqualifying ((crime,)) under ((RCW 43.43.830 and 43.43.842 or of a crime relating to drugs as defined in RCW 43.43.830)) chapter 388-113 WAC.
(5) Has ((abused, neglected, abandoned, or exploited a minor or vulnerable adult, as defined in chapter 74.34 RCW)) been subject to a negative action described in WAC 388-825-0640.
(6) ((Has had a license, certification, or a contract for the care of children or vulnerable adults denied, suspended, revoked, or terminated for noncompliance with state and/or federal regulations.
(7))) Does not successfully complete the training requirements within the time limits required in this chapter.
(((8))) (7) Does not complete the corrective action within the agreed upon time frame.
(((9))) (8) Fails to comply with the requirements of this chapter, or the ((DDD)) DDA alternative living contract.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings. AMENDATORY SECTION (Amending WSR 07-16-101, filed 7/31/07, effective 9/1/07)
WAC 388-829A-300 When must ((DDD)) DDA deny the client's choice of an alternative living provider?
((DDD)) DDA must deny a client's request to have a certain provider and must not enter into a contract with the person when any of the following exist:
(1) The person is the client's spouse, under 42 C.F.R. 441.360(g).
(2) The person is the client's natural/step/adoptive parent.
(3) The person is the client's court-appointed legal representative.
(4) ((DDD)) DDA has a reasonable, good faith belief that the provider will be unable to meet the client's needs. Examples of a provider's inability to meet the client's needs may include:
(a) Evidence of alcohol or drug abuse;
(b) A reported history of domestic violence, no-contact orders, or criminal conduct (whether or not the conduct is disqualifying under ((RCW 43.43.830 and , 43.43.842)) chapter 388-113 WAC;
(c) A report from the client's health care provider or another knowledgeable person that the requested provider lacks the ability or willingness to provide adequate support;
(d) Other employment or responsibilities that prevent or interfere with the provision of required services;
(e) A reported history of mismanagement of client funds or DSHS contract violations; or
(f) Excessive commuting distance that would make it impractical to provide services as they are needed and outlined in the client's ISP.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. AMENDATORY SECTION (Amending WSR 07-16-102, filed 7/31/07, effective 9/1/07)
WAC 388-829C-460 When may ((DDD)) DDA stop the authorization for payment or terminate a contract for companion home services?
((DDD)) DDA may stop the authorization for payment or terminate a contract for the services of a companion home provider, when that provider:
(1) Is no longer the client's choice of provider.
(2) Demonstrates inadequate performance or inability to deliver quality care which is jeopardizing the client's health, safety, or well-being. DDD may terminate the contract based on a reasonable, good faith belief that the client's health, safety, or well-being is in imminent jeopardy.
(3) Is unable to clear a background check or other individuals living in the companion home are unable to clear a background check required by RCW 43.20A.710.
(4) Has been convicted of ((a)), or has a pending crime that is disqualifying ((crime,)) under ((RCW 43.43.830 and 43.43.842 or of a crime relating to drugs as defined in RCW 43.43.830)) chapter 388-113 WAC.
(5) Has ((abused, neglected, abandoned, or exploited a minor or vulnerable adult, as defined in chapter 74.34 RCW.
(6) Has had a license, certification, or a contract for the care of children or vulnerable adults denied, suspended, revoked, or terminated for noncompliance with state and/or federal regulations)) been subject to a negative action described in WAC 388-825-0640.
(((7))) (6) Does not successfully complete the training requirements within the time limits required in this chapter.
(((8))) (7) Does not complete the corrective actions within the agreed upon time frame.
(((9))) (8) Fails to comply with the requirements of this chapter or the companion home contract.
AMENDATORY SECTION (Amending WSR 07-16-102, filed 7/31/07, effective 9/1/07)
WAC 388-829C-470 When may ((DDD)) DDA deny the client's choice of a companion home provider?
((DDD)) DDA must deny a client's request to have a certain provider and must not enter into a contract with the person when any of the following exist:
(1) The person is the client's spouse, under 42 C.F.R. 441.360(g).
(2) The person is the client's natural/step/adoptive parent.
(3) The person is the client's court-appointed legal representative, unless the provider was contracted and paid to provide companion home services before February 2005.
(4) ((DDD)) DDA has a reasonable, good faith belief that the provider will be unable to meet the client's needs. Examples of a provider's inability to meet the client's needs may include:
(a) Evidence of alcohol or drug abuse;
(b) Evidence of a conviction, pending charges, or negative actions described in WAC 388-825-0640.
(c) A reported history of domestic violence, no-contact orders, or criminal conduct (whether or not the conduct is disqualifying under RCW 43.43.830 ((and)), 43.43.842, or chapter 388-113 WAC);
(((c))) (d) A report from the client's health care provider or another knowledgeable person that the requested provider lacks the ability or willingness to provide adequate support;
(((d))) (e) Other employment or responsibilities that prevent or interfere with the provision of required services; or
(((e))) (f) A reported history of mismanagement of client funds or DSHS contract violations.
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