Preproposal statement of inquiry was filed as WSR 04-11-088.
Title of Rule and Other Identifying Information: Home Care Quality Authority safety training rule, new chapter 257-05 WAC.
Hearing Location(s): Blake Office Park East Building, 4500 10th Avenue S.E., Rose Conference Room, Lacey, WA 98503, on September 22, 2004, at 3:00 p.m.
Date of Intended Adoption: September 22, 2004.
Submit Written Comments to: HCQA Rules Coordinator, P.O. Box 40940, Olympia, WA 98504, delivery 640 Woodland Square Loop S.E., Lacey, WA, e-mail JMyers@hcqa.wa.gov, fax (360) 407-0304, by 3:00 p.m., September 22, 2004.
Assistance for Persons with Disabilities: Contact TTY (360) 493-2637, assistance must be requested by 5:00 p.m. on August [September] 18, 2004.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency will soon provide workers' compensation coverage, which necessitates safety training to minimize risk of provider injury and/or illness. Anticipated effects are that providers will be require to complete safety training. No existing rules are expected to change.
Reasons Supporting Proposal: In order to minimize risk to state resources (workers compensation benefits), safety training is necessary to reduce the number of accidents, injuries and illnesses in the workplace. Safety training is a critical component of accident prevention efforts. Current safety training offered to providers primarily focuses on keeping a consumer safe, rather than preventing injury to the provider. This proposed safety training will focus solely on reducing and preventing injuries to providers.
Statutory Authority for Adoption: RCW 74.39A.280(3).
Statute Being Implemented: RCW 74.39A.250 (1)(c).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Home Care Quality Authority, governmental.
Name of Agency Personnel Responsible for Drafting: Jane Wood, Training and Communications Program Manager, 640 Woodland Square Loop S.E., Lacey, WA 98503, (360) 725-2575; Implementation: Jackie Myers, Operations Manager, 640 Woodland Square Loop S.E., Lacey, WA 98503, (360) 725-2618; and Enforcement: Mindy Schaffner, Executive Director, 640 Woodland Square Loop S.E., Lacey, WA 98503, (360) 725-2635.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules do no impact small business or nonprofits.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jackie Myers, P.O. Box 40940, Olympia, WA 98504, phone (360) 725-2618, fax (360) 407-0304, e-mail firstname.lastname@example.org.
August 18, 2004
Mindy R. Schaffner
SAFETY TRAINING REQUIREMENTS
"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 as defined in RCW 74.13.270.
"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 functionally disabled persons 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 as defined in RCW 74.13.270.
"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.
(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.
(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.
(2) Individual providers who are already working for a consumer as of October 1, 2004, have two calendar years to complete safety training.
(3) Individual providers who prefer to complete safety training via distance learning will be provided alternate methods to complete safety training 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.
DSHS will terminate the contract of an individual provider who is already caring for a consumer as of October 1, 2004, and who does not complete the safety training by December 31, 2006.