WSR 09-10-005

PERMANENT RULES

HOME CARE

QUALITY AUTHORITY

[ Filed April 22, 2009, 3:05 p.m. , effective May 23, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 257-10-200.

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

Adopted under notice filed as WSR 09-02-027 on December 30, 2008.

Changes Other than Editing from Proposed to Adopted Version: An individual provider may be denied placement on the referral registry for the following reasons:

The background check reveals an offense or pattern of offenses that the executive director determines may put consumers at risk.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 22, 2009.

R. A. Hall

Executive Director

OTS-2098.2


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.

(6) The background check reveals an offense or pattern of offenses that the executive director determines may put consumers at risk.

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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