WSR 05-09-126

PROPOSED RULES

HOME CARE

QUALITY AUTHORITY

[ Filed April 20, 2005, 11:50 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-20-111.

Title of Rule and Other Identifying Information: Referral registry rules, chapter 257-10 WAC.

Hearing Location(s): Lacey Fire Department, District #3, 1231 Franz Street S.E., Lacey, WA 98503, on May 25, 2005, at 2:30 p.m.

Date of Intended Adoption: May 25, 2005.

Submit Written Comments to: HCQA Rules Coordinator, P.O. Box 40940, Olympia, WA 98504, delivery 640 Woodland Square Loop S.E., Lacey, WA 98503, e-mail JMyers@hcqa.wa.gov, fax (360) 407-0304, by 5:00 p.m. on May 24, 2005.

Assistance for Persons with Disabilities: TTY (360) 493-2637.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Home Care Quality Authority has developed rules that pertain to the operation of the referral registry as specified in RCW 74.39A.250. Included in the rule are guidelines for using the registry for individual providers, prospective individual providers and consumer/employers.

Reasons Supporting Proposal: Guidelines describing the registry operations include: Requirements for providers to be listed on the registry, how consumers/employers can request a referral, providers ongoing responsibilities for remaining on the registry, the process for removing a provider from the registry, appeal rights and mandatory reporting requirements.

Statutory Authority for Adoption: RCW 74.39A.280(3) and 74.39A.250 (1)(a)-(n).

Statute Being Implemented: RCW 74.39A.250.

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: Sherri Wills-Green, Program Manager, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-2520; Implementation: Jackie Myers, Operations Manager, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-2618; and Enforcement: Mindy Schaffner, Executive Director, 640 Woodland Square Loop S.E., Lacey, WA 98504, (360) 725-2635.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are exempt from preparing a small business economic impact statement under RCW 19.85.025 and 34.05.310(4).

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are procedural rules under RCW 34.05.328 (5)(c) and do not require preparation of a cost benefit analysis.

April 20, 2005

Mindy L. Schaffner

Executive Director

OTS-7673.3

Chapter 257-10 WAC

REFERRAL REGISTRY


NEW SECTION
WAC 257-10-020   What is the purpose of WAC 257-10-020 through 257-10-420?   The purpose of this chapter is to ensure compliance by the home care quality authority with the provisions of RCW 74.39A.250. The home care quality authority is authorized to adopt rules under the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

[]


NEW SECTION
WAC 257-10-040   What definitions apply to WAC 257-10-020 through 257-10-420?   "AAA" refers to the local area agency on aging office.

"ALJ" refers to administrative law judge.

"Authority" means the home care quality authority.

"Consumer" refers to an adult or child with functional or developmental disabilities who qualifies for and uses personal care or respite care paid for through Medicaid or state only funds or their representative.

"DSHS" refers to the department of social and health services.

"Emergency" provider means an individual provider who is employed as a back-up for a regularly scheduled provider who did not show up or who was unable to work due to unexpected circumstances.

"Employer" refers to the consumer.

"HCQA" refers to the home care quality authority.

"Individual provider" means a person, regardless of relationship, including a personal aide working for a consumer under self-directed care, who has a contract with the department of social and health services to provide personal care or respite care services to adults or children with functional or developmental disabilities and is reimbursed for those services through Medicaid or state only funding.

"IP" refers to individual provider.

"Malfeasance" means any unlawful act committed by the individual provider, whether in the course of employment or otherwise.

"Mandatory reporter" is an employee of the authority; DSHS; law enforcement officer; social worker; professional school personnel; individual provider; an employee of a facility; an operator of a facility; an employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agency; county coroner or medical examiner; Christian Science practitioner; or health care provider subject to chapter 18.130 RCW.

"Misfeasance" means performance of a workplace duty in an improper manner; including events which jeopardize the health and safety of persons, unresolved pattern of performance, issues related to truth or dishonesty, including failure to report a criminal conviction.

"OAH" refers to the office of administrative hearings.

"Referral registry" is a data base that is designed to assist consumers with finding individual providers.

"Respite" provider means an individual provider who is employed on a prearranged basis to fill in for a routine caregiver.

"Routine" provider means an individual provider who is employed on a regularly scheduled basis.

[]


NEW SECTION
WAC 257-10-060   What is the purpose of the referral registry?   The referral registry was designed to increase consumer/employer choice while providing assistance in finding individual providers and prospective individual providers. In addition, the referral registry:

(1) Takes into account the consumer/employer needs and preferences when identifying potential individual providers;

(2) Provides for reasonable standards of accountability for individual providers listed through the registry;

(3) Is voluntary for individual providers and consumers/employers;

(4) Promotes job opportunities for individual providers and prospective individual providers;

(5) Provides access to the data base for consumer/employers who want to query a referral independently; and

(6) Increases a consumer/employer's choice of IPs via an established pool of available individual providers on the registry.

[]


NEW SECTION
WAC 257-10-080   Who is eligible to request a referral from the referral registry?   (1) Consumer/employers who are adults or children with functional or developmental disabilities who qualify for and use personal care or respite care paid for through Medicaid or state only funds.

(2) Persons who are authorized to request a referral on behalf of a consumer including family members, area agency on aging case manager, DSHS social workers and/or a consumer representative.

[]


NEW SECTION
WAC 257-10-100   What is the difference between an individual provider and a prospective individual provider?   An individual provider is someone who has signed a DSHS contract. A prospective individual provider is someone who is seeking employment with a consumer/employer.

[]


NEW SECTION
WAC 257-10-120   What qualifies individual providers or prospective providers to be included on the referral registry?   The individual provider or prospective individual provider must:

(1) Satisfactorily complete a Washington state patrol background check according to the disqualifying crimes criteria in chapter 43.43 RCW as specified by DSHS; home and community services, or developmental disabilities or children's administration; and

(2) Complete an FBI fingerprint-based background check if the person has lived in the state of Washington fewer than three years;

(3) Not be listed on any long-term care abuse and neglect registry used by DSHS;

(4) Be eighteen years of age or older;

(5) Provide picture identification;

(6) Have a Social Security card or authorization to work in the United States; and

(7) Comply with requirements listed in WAC 257-10-180.

[]


NEW SECTION
WAC 257-10-140   How does an individual provider or prospective individual provider apply to be listed on the registry?   The individual provider or prospective individual provider must contact their local source of registry operations, request and complete an application packet and meet the qualifications specified in WAC 257-10-120.

[]


NEW SECTION
WAC 257-10-160   Does an individual provider or prospective individual provider have any ongoing responsibilities to stay on the registry?   Yes, the individual provider or prospective individual provider must:

(1) Contact the referral registry office once a month to verify that the information in the system is accurate and up-to-date; and

(2) Complete a Washington state patrol criminal history background check every twelve months.

Failure to comply with ongoing responsibilities will result in placing the individual provider in an "inactive" status. The provider will not be referred to a consumer/employer when in "inactive" status.

[]


NEW SECTION
WAC 257-10-180   Are there any training requirements for being listed on the referral registry?   Yes. An individual provider or prospective individual provider must complete the "becoming a professional IP" training prior to being referred to a consumer, with the exception of any person who has already worked as an individual provider for more than three months under DSHS contract. All other mandatory training requirements established by DSHS are in effect.

[]


NEW SECTION
WAC 257-10-200   Can an individual provider or prospective individual provider be removed from the registry?   Yes. An individual provider or prospective individual provider will be removed from the referral registry for the following reasons:

(1) Failure to meet the qualifications identified in WAC 257-10-120 to 257-10-180.

(2) A determination by the HCQA that the person has committed malfeasance or misfeasance in the performance of his or her duties as an individual provider.

(3) A request is made by the person to be removed from the registry.

(4) DSHS IP contract termination.

[]


NEW SECTION
WAC 257-10-220   What is the procedure for removing an individual provider or prospective individual provider from the registry?   The procedure for removing an individual provider from the referral registry is as follows:

The authority and/or its designee will review all complaints and disqualification information and:

(1) For those complaints that fall under the legal jurisdiction of law enforcement or adult protective services (APS) or child protective services (CPS), an immediate referral shall be made to the appropriate agency.

(a) The HCQA may initiate an emergency proceeding to suspend the individual provider from the registry pending the investigation.

(b) If APS, CPS or law enforcement declines the referral, the complaint will proceed to assessment, recommendation and decision.

(c) If APS, CPS or law enforcement accepts the complaint, then action beyond the emergency adjudicative process will be stayed pending action.

(2) For those complaints not forwarded to APS, CPS or law enforcement, HCQA will conduct an assessment.

(a) Upon assessment, a decision will be made and notification will be sent, in writing to the individual provider.

(b) The individual provider has the right to appeal an adverse decision within twenty-eight days of receiving formal notice.

(c) The appeal must be sent in writing to the office of administrative hearings (OAH) as designated on the formal notice.

(d) The OAH will schedule the hearing and notify interested parties.

(e) An administrative law judge (ALJ) from OAH shall act as presiding officer for the adjudicative proceeding as provided in chapter 34.05 RCW.

(f) The ALJ shall render an initial decision.

(g) The initial decision will be reviewed and final agency action shall be taken by the HCQA board, either adopting, modifying, or reversing the initial decision which shall be reduced to a final order of the board.

(h) The final order is the final agency action and will be provided to all interested parties and to the individual provider along with information regarding the right to seek judicial review when applicable.

[]


NEW SECTION
WAC 257-10-240   What is the procedure for the denial of an individual provider's application to be listed on the referral registry?   For those individual providers whose application to be listed on the registry results in a reasonable, good faith belief that the person will be unable to appropriately meet the care needs of consumers, the following procedure applies:

(1) An assessment will be conducted, a decision will be made and notification will be sent, in writing to the individual provider.

(2) The individual provider has the right to appeal an adverse decision within twenty-eight days of receiving formal notice.

(3) The appeal must be sent in writing to the office of administrative hearings as designated on the formal notice.

(4) The OAH will schedule the hearing and notify interested parties.

(5) An administrative law judge from OAH shall act as presiding officer for the adjudicative proceeding as provided in chapter 34.05 RCW.

(6) The ALJ shall render an initial decision.

(7) The initial decision will be reviewed and final agency action shall be taken by the HCQA board, either adopting, modifying, or reversing the initial decision which shall be reduced to a final order of the board.

(8) The final order is the final agency action and will be provided to all interested parties and to the individual provider along with information regarding the right to seek judicial review when applicable.

[]


NEW SECTION
WAC 257-10-260   Who must be notified if a complaint is received about an individual provider?   If, in the course of carrying out its duties, the authority or its designee identifies concerns regarding the services being provided by an individual provider, the authority or its designee must notify the relevant area agency on aging case manager or DSHS social worker regarding such concerns.

[]


NEW SECTION
WAC 257-10-280   Are registry staff considered mandatory reporters?   Any HCQA staff or subcontracted staff working for the authority are considered mandatory reporters.

[]


NEW SECTION
WAC 257-10-300   What is reasonable cause for mandatory reporting?   RCW 74.34.035 outlines reasonable cause for mandatory reporting.

[]


NEW SECTION
WAC 257-10-320   Does an individual provider have the right to appeal being removed from the registry?   The individual provider or the consumer/employer, to whom the individual provider is providing services, may request a fair hearing to contest removal from the referral registry, as provided in WAC 257-10-220 and chapter 34.05 RCW.

[]


NEW SECTION
WAC 257-10-340   How does a consumer/employer apply to use the referral registry services?   A consumer/employer must complete the registration process in order to use the referral registry. The registration process must confirm that the consumer/employer is qualified to use personal care or respite care paid for through Medicaid or state only funds.

[]


NEW SECTION
WAC 257-10-360   How does a consumer/employer obtain a referral list of names?   The consumer/employer completes and submits a request application to the local source of registry operations. The completed application may indicate the days and times an individual provider is needed, the personal care tasks that need to be performed, and any preferences the consumer/employer may have. Upon completion of the application, a registry coordinator will conduct a query which will generate a list of names that best match the consumer/employer's specific criteria. The list will be given to the consumer via mail, or phone, or fax or e-mail within a reasonable time frame.

[]


NEW SECTION
WAC 257-10-380   Who hires an individual provider?   It is the consumer/employer or consumer representative's responsibility to interview, screen, hire and terminate an individual provider or prospective individual provider.

[]


NEW SECTION
WAC 257-10-400   If a consumer/employer chooses to hire an individual provider from the referral registry, do they have to gain approval from his/her case manager?   Yes. DSHS or AAA may reject a client's request to have a family member or other person serve as his or her individual provider if the case manager has a reasonable, good faith belief that the person will be unable to appropriately meet the consumer's needs.

[]


NEW SECTION
WAC 257-10-420   How can a consumer/employer obtain emergency or critical personal care back-up referrals?   A consumer/employer must complete an application with the referral registry office. Registry applications can be obtained by contacting the local source of registry operations. Although a consumer/employer must be registered they are not required to have previously used the registry prior to requesting back-up referrals.

[]

Washington State Code Reviser's Office