Agency filings affecting this section
When will the department, AAA, or department designee deny payment for services of an individual provider or home care agency long-term care worker?
The department, AAA, or department designee will deny payment for the services of an individual provider or home care agency provider:
(1) When the services are provided by an employee of the home care agency who is related by blood, marriage, adoption, or registered domestic partnership to the client;
(2) When he or she is the client's spouse, except in the case of an individual provider for a chore services client. Note: For chore spousal providers, the department pays a rate not to exceed the amount of a one-person standard for a continuing general assistance grant, per WAC 388-478-0020
(3) When he or she is the natural/step/adoptive parent of a minor client aged seventeen or younger receiving services under medicaid personal care;
(4) When he or she is a foster parent providing personal care to a child residing in their licensed foster home;
(5) When he or she has had any of the following:
(a) A history of noncompliance with federal or state laws or regulations in the provision of care or services to children or vulnerable adults;
(b) A conviction or pending charge for a crime in federal court or in any other state, when the department determines that the crime is equivalent to a crime under subsections (c), (d), (e), (f), or (g) below;
(c) A conviction or pending charge for a "crime against children or other persons" as defined in RCW 43.43.830
, unless the crime is simple assault, assault in the fourth degree, or prostitution and more than three years has passed since conviction;
(d) A conviction or pending charge for "crimes relating to financial exploitation" as defined in RCW 43.43.830
, unless the crime is theft in third degree and more than three years have passed since conviction, or unless the crime is forgery or theft in the second degree and more than five years has passed since conviction;
(e) A conviction or pending charge for a "crime relating to drugs" which is the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance under one of the following:
(i) Violation of the Imitation Controlled Substances Act (VICSA);
(ii) Violation of the Uniform Controlled Substances Act (VUCSA);
(iii) Violation of the Uniform Legend Drug Act (VULDA); or
(iv) Violation of the Uniform Precursor Drug Act (VUPDA).
(f) A conviction or pending charge for sending or bringing into the state depictions of a minor engaged in sexually explicit conduct;
(g) A conviction or pending charge for criminal mistreatment;
(h) Been found to have abused, neglected, financially exploited, or abandoned a minor or vulnerable adult by court of law or a disciplining authority, including the department of health. Examples of legal proceedings in which such findings could be made include juvenile court proceedings under chapter 13.34
RCW, domestic relations proceeding under Title 26
RCW, and vulnerable adult protection proceedings under chapter 74.34
(i) A finding of abuse or neglect of a child under RCW 24.44.020
and chapter 388-15
WAC that is:
(i) Listed on the department's background check central unit (BCCU) report; or
(ii) Disclosed by the individual, except for findings made before December, 1998. Findings made before December 1998 require a character, competence, and suitability determination.
(j) A finding of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult that is:
(i) Listed on any registry, including the department's registry;
(ii) Listed on the department's background check central unit (BCCU) report; or
(iii) Disclosed by the individual, except for adult protective services findings made before October 2003. Findings made before October 2003 require a character, competence, and suitability determination.
(6) Who has had a license, certification, medicaid or medicare provider agreement, or a contract for the care of children or vulnerable adults denied, suspended, revoked, not renewed, or terminated, for noncompliance with state and/or federal regulations;
(7) Who obtained or attempted to obtain a license, certification or contract by fraudulent means or misrepresentation;
(8) Who knowingly, or with reason to know, made a false statement of material fact on his or her application for a license, certification, contract or any data attached to the application, or in any matter involving the department;
(9) Who willfully prevented or interfered with or failed to cooperate with any inspection, investigation, or monitoring visit made by the department, including refusal to permit authorized department representatives to interview clients or have access to their records;
(10) When the client's assessment or reassessment does not identify an unmet need;
(11) Who is terminated by the client (in the case of an individual provider) or by the home care agency (in the case of an agency provider);
(12) Who does not successfully complete applicable training requirements, within the timeframes described in WAC 388-71-0875
. If an individual provider or long-term care worker employed by a home care agency does not complete required training within the required timeframe, and:
(a) If the worker is not required to be a certified home care aide, then the long-term care worker may not provide care until the training is completed; or
(b) If the worker is required to be a certified home care aide, then the long-term care worker may not provide care until the certification has been granted.
(13) Who does not successfully complete the certification or recertification requirements as described under WAC 388-71-0975
(14) Who has had a home care aide certification denied, suspended, or revoked. If the individual is otherwise qualified, payment for services may resume when his or her certification has been reissued.
In addition, the department, AAA, or department designee may deny payment to or terminate the contract of an individual provider as provided under WAC 388-71-0543
, and 388-71-0551
[Statutory Authority: RCW 74.08.090, 74.09.520. 13-02-023, § 388-71-0540, filed 12/20/12, effective 1/20/13. Statutory Authority: RCW 74.08.090, 74.09.520, 2009 c 571, and Washington state 2009-11 budget, section 206(17). 10-06-112, § 388-71-0540, filed 3/3/10, effective 4/3/10. Statutory Authority: RCW 74.08.090, 74.09.520. 07-24-026, § 388-71-0540, filed 11/28/07, effective 1/1/08. Statutory Authority: RCW 74.08.090, 74.09.520, 74.39A.010 and 74.39A.020. 06-05-022, § 388-71-0540, filed 2/6/06, effective 3/9/06. Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-71-0540, filed 5/17/05, effective 6/17/05. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, § 388-71-0540, filed 4/30/02, effective 5/31/02. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830, 74.39.095. 01-11-019, § 388-71-0540, filed 5/4/01, effective 6/4/01. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, § 388-71-0540, filed 1/13/00, effective 2/13/00.]