WSR 15-20-112
(Aging and Long-Term Support Administration)
[Filed October 6, 2015, 2:44 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-08-014.
Title of Rule and Other Identifying Information: The department is amending WAC 388-71-0515 What are the responsibilities of an individual provider when providing services to a client?
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on November 10, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than November 11, 2015.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5:00 p.m., November 10, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by October 27, 2015, TTY (360) 664-6178, (360) 664-6092, or e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-71-0515(11) to modify the language so that it will accurately reflect a change in the way individual providers will report the time they have worked. This change is based on payment moving from the social services payment system to the provider compensation subsystem that will be implemented in 2016.
Reasons Supporting Proposal: This change will amend WAC 388-71-0515 to accurately reflect that [the] way individual providers will report the time they have worked.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Statute Being Implemented: RCW 74.08.090, 74.09.520.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Stacy Graff, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2533.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
October 1, 2015
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-02-023, filed 12/20/12, effective 1/20/13)
WAC 388-71-0515 What are the responsibilities of an individual provider when providing services to a client?
(1) An individual provider must:
(((1))) (a) Take direction from the client, who is the IP's employer, or when appropriate, from the client's legal representative;
(((2))) (b) Understand the client's plan of care that has been signed by the client or legal representative, which may be translated or interpreted, as necessary, and as requested by the client;
(((3))) (c) Provide the services as outlined on the client's plan of care, as described in WAC 388-106-0010, according to the client's direction, supervision, and prioritization of tasks within the number of hours authorized;
(((4))) (d) Accommodate the client's individual preferences and unique needs in providing care;
(((5))) (e) Contact the client, client's representative and case manager when there are changes that affect the personal care and other tasks listed on the plan of care;
(((6))) (f) Observe and consult with the client or client's representative, regarding change(s) in health, take appropriate action, and respond to emergencies;
(((7))) (g) Notify the case manager immediately when the client enters a hospital, or moves to another setting;
(((8))) (h) Notify the case manager immediately in the event of the client's death;
(((9))) (i) Notify the department or AAA immediately when unable to staff/serve the client;
(((10))) (j) Notify the department/AAA when the individual provider will no longer provide services. The individual provider must:
(i) Give at least two weeks' notice, and
(ii) Notify the client or the client's representative in writing: and
(iii) Notify the client's case manager.
(((11))) (k) Complete and ((keep)) submit an accurate ((time sheets)) record of authorized((/paid)) hours ((that are accessible to the social worker/case manager;)) worked in order to be paid by the department under WAC 388-106-0130, the department does not pay for shared benefit(s) or informal support provided to the client by anyone, including the IP; and
(((12))) (l) Comply with all applicable laws, regulations, and the individual provider contract.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.