WSR 22-01-187
EXPEDITED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed December 20, 2021, 12:26 p.m.]
Title of Rule and Other Identifying Information: WAC 388-71-0503 What definitions apply to WAC 388-71-0500 through WAC 388-71-05640?
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to rephrase the order of definitions to put them in alphabetical order. The change does not alter the intent or context of the rule and will not affect any existing rules.
Reasons Supporting Proposal: The proposed changes are for housekeeping purposes only to correct the alphabetical order.
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: Stacy Graff, P.O. Box 45600, Olympia, WA 98504-5600, 360-742-2071.
This notice meets the following criteria to use the expedited adoption process for these rules:
Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The proposed rule only reorders the list of definitions to a correct alphabetical list.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850, phone 360-664-6097, fax 360-664-6185, email DSHSRPAURulesCoordinator@dshs.wa.gov, AND RECEIVED BY 5:00 p.m. on February 22, 2022.
December 20, 2021
Katherine I. Vasquez
Rules Coordinator
SHS-4907.1
AMENDATORY SECTION(Amending WSR 21-18-081, filed 8/30/21, effective 10/1/21)
WAC 388-71-0503What definitions apply to WAC 388-71-0500 through WAC 388-71-05640?
"Agency provider" means a long-term care worker who works for a home care agency.
"Area agencies on aging (AAA)" means a contracted entity that aging and long-term support administration (ALTSA) grants funds to in order to carry out the functions of the Older Americans Act, general-fund state programs and to provide case management services and supports to individuals eighteen and older who receive medicaid-funded LTC in their own homes.
"Applicant" means a person who is in the process of becoming an in-home long-term care worker.
(("Negative actions" are listed in WAC 388-113-0030.))
"Background check" means a name and date of birth check or a fingerprint-based background check, or both.
"Background check result" is defined in WAC 388-113-0010.
"Background check central unit (BCCU)" means the DSHS entity responsible for conducting background checks for the department.
"Character, competence, and suitability determination (CC&S)" is defined in WAC 388-113-0050.
"Client" means an individual receiving medicaid-funded in-home long term services from the department.
"Department" means the department of social and health services or its designees.
"Family member" includes, but is not limited to a parent, child, sibling, aunt, uncle, niece, nephew, cousin, grandparent, grandchild, grandniece, grandnephew, or such relatives when related by marriage.
"Fingerprint-based background check" means a search of in-state criminal history records through the Washington state patrol and national criminal history records through the Federal Bureau of Investigation.
"Home care agency (HCA)" means an entity that is licensed by the department of health to provide home care services through a contract arrangement with the department to clients in places of permanent or temporary residence.
"Home care agency long-term care worker" means a long-term care worker who works for a home care agency.
"Individual provider (IP)" as defined in RCW
74.39A.240 limited to individual providers contracted with the department.
"Long-term care worker" as defined in RCW
74.39A.009(17) but limited to individual providers contracted with the department or hired by the home care agency.
"Name and date of birth check" is a search conducted by the background check central unit (BCCU) of Washington state criminal history and negative action records using the applicant's name and date of birth.
"Negative actions" are listed in WAC 388-113-0030.