WSR 97-23-081

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Adult Services Administration)

(Public Assistance)

[Filed November 19, 1997, 11:11 a.m.]

Subject of Possible Rule Making: Denial or termination of payment to state contracted in-home individual care providers who have disqualifying criminal histories and/or who do not meet minimum qualifications to provide care for clients in home and community settings and/or who have stipulated findings of fact, conclusions of law, or final orders issued by a disciplining authority, a court of law, or entered into a state registry finding them guilty of abuse, neglect, exploitation, or abandonment of minors or vulnerable adults. This action may require amendments to chapter 388-15 WAC, and possibly other related sections.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.39A.050 (7) and (8), 74.08.090, 74.09.520, 43.20A.710 (1)(b), (2), and (3), 42 CFR 1002.210, 42 CFR 431.51 (c)(2).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Define individual provider qualifications and grounds for denial of an individual provider contract and/or termination of payment.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Health Care Financing Administration - submit amendments to State Medicaid Plan. The Department of Social and Health Services - Children's Administration and Health and Rehabilitative Services Administration.

Process for Developing New Rule: AASA will conduct an internal and external review process prior to filing the CR-102, notice of proposed rule making. AASA will prepare initial draft regulations which will be provided to stakeholders for review. Opportunities for discussion and input will be scheduled for stakeholders, consumers, providers, case managers, and other stakeholder agencies and interested parties. Public meetings will be held to seek comments and recommendations on initial draft regulations. Dates, times, and locations of public meetings will be mailed out in advance. Initial draft rules will be mailed to interested parties in advance of each meeting. Comments and recommendations received up to the deadline will be reviewed and considered before and during the process of drafting proposed rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Sue McDonough, Aging and Adult Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 407-0331, TTY (360) 493-2637, FAX (360) 438-8633.

November 18, 1997

Merry A. Kogut, Manager