WSR 09-13-095

EXPEDITED RULES

HOME CARE

QUALITY AUTHORITY

[ Filed June 16, 2009, 4:25 p.m. ]

Title of Rule and Other Identifying Information: The agency is amending WAC 257-10-130, denying an individual provider placement of the referral registry.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lisa Livingston, Rules Coordinator, Home Care Quality Authority, P.O. Box 40940, Olympia, WA 98504, e-mail llivingston@hcqa.wa.gov, fax (360) 493-9384 , AND RECEIVED BY August 17, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule is to remove reference to chapter 43.43 RCW which does include all of the disqualifying crime information that is considered when a background check is processed. The new language is more comprehensive in referencing all appropriate criteria from the secretary's list of crimes and negative actions.

Reasons Supporting Proposal: The anticipated effect will be to eliminate potential confusion and improve consistency with other WAC, statute and policies related to disqualifying crimes criteria.

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, (360) 493-9380; Enforcement: Rick Hall, P.O. Box 40940, Olympia, WA 98504, (360) 493-9353.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Aligning language to be consistent with other WAC, statute and policies related to background check criteria will reduce confusion and improve clarification for denying individual providers placement on the referral registry.

June 16, 2009

Rick Hall

Executive Director

OTS-2481.1


AMENDATORY SECTION(Amending WSR 09-10-005, filed 4/22/09, effective 5/23/09)

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)) appropriate department of social and health services list of crimes and negative actions.

(2) Lack of disclosure on background authorization form.

(3) Inclusion on any ((state)) DSHS 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.))

[Statutory Authority: RCW 74.39A.280(3) and Title 74 RCW. 09-10-005, 257-10-130, filed 4/22/09, effective 5/23/09.]

Washington State Code Reviser's Office