WSR 09-02-027

PROPOSED RULES

HOME CARE

QUALITY AUTHORITY

[ Filed December 30, 2008, 2:24 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-21-112.

Title of Rule and Other Identifying Information: The home care quality authority is adopting new WAC 257-10-130 What information may be considered cause for denying an individual provider or prospective individual provider placement in the referral registry? and amending WAC 257-10-200 Can an individual provider or prospective individual provider be removed from the registry?

Hearing Location(s): Home Care Quality Authority Board Room (link to HCQA map available from http://www.hcqa.wa.gov/Contact/contact_hcqa.html or by calling (360) 493-9350), 4317 6th Avenue S.E., Suite 101, Lacey, WA 98503, on February 20, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than March 10, 2009.

Submit Written Comments to: Lisa Livingston, HCQA Rules Coordinator, P.O. Box 40940, Olympia, WA 98504-0940, delivery 4317 6th Avenue S.E., Suite 101, Lacey, WA 98503, e-mail llivingston@hcqa.wa.gov, fax (360) 493-9380, by 5:00 p.m. on February 20, 2009.

Assistance for Persons with Disabilities: Contact Lisa Livingston by January 30, 2009, phone (360) 493-9350.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify reasons for removing an individual provider or prospective provider from the referral registry.

Current rules do not clearly specify reasons for removing an individual provider or prospective provider from the referral registry.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.39A.280(3) Authority duties, Title 74 RCW.

Statute Being Implemented: RCW 74.39A.280(3).

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 and Implementation: Lisa Livingston, P.O. Box 40940, Olympia, WA 98504-0940, (360) 493-9350; and Enforcement: Rick Hall, P.O. Box 40940, Olympia, WA 98504-0940, (360) 493-9350.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has determined that no new costs will be imposed on small businesses or nonprofit organizations.

A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328(5).

December 30, 2008

R. A. Hall

Executive Director

OTS-2098.1


NEW SECTION
WAC 257-10-130   What information may be considered cause for denying an individual provider or prospective individual provider placement on the referral registry?   An individual provider may be denied placement on the referral registry for the following reasons:

(1) A background check that results in disqualifying crimes based on criteria as specified in chapter 43.43 RCW.

(2) Lack of disclosure on background authorization form.

(3) Inclusion on any state abuse and neglect directory.

(4) Information that a current and valid protective order exists and was issued in the state of Washington barring contact with children, vulnerable adults or persons with disabilities.

(5) A reasonable, good faith belief that an individual provider or prospective individual provider is unable to meet the care needs of consumers.

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AMENDATORY SECTION(Amending WSR 05-14-113, filed 7/1/05, effective 8/1/05)

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 misfeasance in the performance of his or her duties as an individual provider.

(3) A determination of malfeasance.

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

(5) DSHS IP contract termination.

(6) Information considered cause for denial as referenced in WAC 257-10-130.

[Statutory Authority: RCW 74.39A.280(3) and 74.39A.250 (1)(a)-(h). 05-14-113, 257-10-200, filed 7/1/05, effective 8/1/05.]

Washington State Code Reviser's Office