WSR 04-17-138

PROPOSED RULES

HOME CARE

QUALITY AUTHORITY

[ Filed August 18, 2004, 9:54 a.m. ]

Original Notice.

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 jmyers@hcqa.wa.gov.

August 18, 2004

Mindy R. Schaffner

Executive Director

OTS-7502.3

Chapter 257-05 WAC

SAFETY TRAINING REQUIREMENTS


NEW SECTION
WAC 257-05-020   What is the purpose of WAC 257-05-020 through 257-05-240?   The intent of WAC 257-05-020 through 257-05-240 is to describe the safety training requirements for an individual provider.

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NEW SECTION
WAC 257-05-040   What definitions apply to WAC 257-05-020 through 257-05-240?   "Challenge testing" is evaluating an individual's prior learning experiences 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. Challenge testing demonstrates adequate knowledge in lieu of actually participating in a required course.

"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.

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NEW SECTION
WAC 257-05-060   What is safety training?   Safety training provides basic injury, illness and accident prevention information appropriate to the in-home setting and individuals served. HCQA-developed safety materials must be used for safety training of individual providers. No competency test is required.

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NEW SECTION
WAC 257-05-080   What content must be included in safety training?   Safety training may include the use of video tapes, audio tapes and other print or electronic media. Safety training consists of introductory information in the following areas:

(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.

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NEW SECTION
WAC 257-05-100   Is competency testing required for safety training?   There is no competency testing required for Safety training.

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NEW SECTION
WAC 257-05-120   Is there a challenge test for safety training?   There is no challenge test for safety training.

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NEW SECTION
WAC 257-05-130   When does a safety training attestation form need to be completed?   All individual providers must sign an attestation form upon completion of safety training. The attestation form will serve as a confirmation of completion and understanding of the safety training content.

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NEW SECTION
WAC 257-05-132   What does an individual provider do with the attestation form?   After the individual provider signs the attestation form, the individual provider must mail the attestation form to the address identified on the form. The form must be postmarked within fourteen calendar days after an individual provider has begun to work with their first DSHS consumer. Individual providers who are already working for a DSHS consumer have until December 31, 2006, to obtain the training; however, upon completion of safety training, the individual provider must sign the attestation form.

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NEW SECTION
WAC 257-05-134   Who maintains the attestation form?   HCQA will maintain completed safety training attestation forms.

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NEW SECTION
WAC 257-05-140   What documentation is required for classroom-based safety training?   The individual provider must maintain a signed and dated certificate of completion of safety training, issued by HCQA or any of its training contractors that provides the safety training that includes:

(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.

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NEW SECTION
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 fourteen calendar days after beginning to work with their first DSHS consumer. Safety training must be provided by appropriate HCQA staff or contracted entities.

(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.

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NEW SECTION
WAC 257-05-180   How often must safety training be completed?   All individual providers must complete safety training. There is no requirement for periodic refresher safety training.

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NEW SECTION
WAC 257-05-200   Is there an alternative to safety training for some providers?   There is no alternative experience or education for safety training sponsored by HCQA. There is no waiver process for previous safety training conducted through DSHS, AAAs, or other public or private entity.

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NEW SECTION
WAC 257-05-220   Does successful completion of safety training meet DSHS continuing education requirements for individual providers?   Safety training sponsored by HCQA meets DSHS' continuing education requirements for individual providers who are eligible to accrue continuing education credit. Individual providers who successfully complete safety training and are eligible to accrue continuing education credit may present their completion certificate to their local AAA office or their DDD or children's administration case manager for continuing education documentation.

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NEW SECTION
WAC 257-05-240   Will DSHS terminate the contract of an individual provider who does not complete safety training?   HCQA will notify DSHS of an individual provider's noncompliance. DSHS will terminate the contract of an individual provider who does not return the attestation form and complete safety training within fourteen calendar days after beginning to work with their first DSHS consumer.

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.

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