WSR 07-03-044




[ Filed January 11, 2007, 12:04 p.m. ]

Subject of Possible Rule Making: Amending WAC 257-05-160 Who is required to complete safety training and when must it be completed? and amending WAC 257-05-240 Will DSHS deny payment of an individual provider who does not complete safety training?, to remove the safety training requirement for individual providers working for a consumer prior to December 1, 2004.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.39A.280(3).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current WAC requires individual providers already caring for consumers of in-home care services prior to December 1, 2004, to complete safety training conducted by and through the home care quality authority (HCQA). If this WAC were to be applied on or after January 1, 2007, to all the workers in this category who have not completed the training, DSHS must deny payment to these workers who continue to care for consumers of in-home care services. Without payment, care providers might not provide continued care, which could jeopardize the health and safety of those consumers. An emergency rule was adopted regarding this subject effective December 21, 2006.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The HCQA will coordinate with DSHS during the rule-making process.

Process for Developing New Rule: HCQA welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. Draft material and information about how to participate may be obtained from the department representative listed below. At a later date, HCQA will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lisa Livingston, Home Care Quality Authority, P.O. Box 40940, 515 15th Avenue S.E., Olympia, WA 98504, phone (360) 902-8859, fax (360) 586-0786, e-mail

January 11, 2007

Rick Hall

Executive Director

Washington State Code Reviser's Office