WSR 05-01-158

PERMANENT RULES

HOME CARE

QUALITY AUTHORITY

[ Filed December 20, 2004, 11:49 a.m. , effective January 20, 2005 ]


Purpose: The agency is now providing worker's compensation coverage, which necessitates safety training to minimize risk of provider injury and/or illness.

Citation of Existing Rules Affected by this Order: New sections WAC 257-05-020, 257-05-040, 257-05-060, 257-05-080, 257-05-100, 257-05-120, 257-05-130, 257-05-132, 257-05-134, 257-05-140, 257-05-160, 257-05-180, 257-05-200, 257-05-220, and 257-05-240.

Statutory Authority for Adoption: RCW 74.39A.280(3).

Adopted under notice filed as WSR 04-17-138 on August 18, 2004.

Changes Other than Editing from Proposed to Adopted Version: 1. Extending the amount of time an individual provider has to complete the training (WAS fourteen days; now is one hundred twenty days).

2. Using people-first terminology (changing FROM "functionally disabled persons" to "persons who are functionally disabled").

A final cost-benefit analysis is available by contacting Jackie Myers, Operations Manager, Home Care Quality Authority, 640 Woodland Square Loop S.E., Lacey, WA 98504, phone (360) 725-2618, fax (360) 407-0304, e-mail jmyers@hcqa.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 15, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 15, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 15, 2004.

Mindy L. Schaffner

Executive Director

OTS-7502.5

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 to children receiving Medicaid personal care.

"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 persons who are functionally disabled 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 to children receiving Medicaid personal care.

"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 one hundred twenty 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 one hundred twenty calendar days after beginning to work with their first DSHS consumer. Safety training must be provided by appropriate HCQA staff or contracted entities, or by approved trainers who meet DSHS requirements outlined in WAC 388-71-05875.

(2) Individual providers who are already working for a consumer as of December 1, 2004, have two calendar years to complete safety training.

(3) Individual providers who are not required to complete basic core training, such as revised fundamentals of caregiving, identified in WAC 388-71-0500 through 388-71-05952 may complete safety training via distance learning. Alternate methods to complete safety training will be provided 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 deny payment of an individual provider who does not complete safety training?   HCQA will notify DSHS of an individual provider's noncompliance. DSHS will deny payment of an individual provider who does not return the attestation form and complete safety training within one hundred twenty calendar days after beginning to work with their first DSHS consumer.

DSHS will deny payment of an individual provider who is already caring for a consumer as of December 1, 2004, and who does not complete the safety training by December 31, 2006.

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