PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-19-089.
Title of Rule: WAC 388-71-100 - 388-71-149, adult protective services and 388-71-150 - 388-71-199, personal aide registry.
Purpose: Regulatory reform as outlined in Governor's Executive Order 97-02. Implement changes and new requirements from SHB 1620 and SHB 1880.
Statutory Authority for Adoption: RCW 74.08.090, 74.34.165, and 74.39A.050(9).
Statute Being Implemented: Chapter 74.34 RCW, RCW 74.39A.050(9), and 74.39.007.
Summary: Adds clarification in definitions found in chapter 74.34 RCW. Explains when an investigation will be completed by the adult protective services program. Explains the purpose of an adult protective service investigation. Clarifies definition and when adult protective services has authority to conduct an investigation. Complies with statutory requirement (RCW 74.39A.050(9)) to establish a state registry of personal aides who have abandoned, abused, financially exploited, or neglected a vulnerable adult who is self-directing care.
Reasons Supporting Proposal: Implement changes and new requirements from SHB 1620 and SHB 1880 passed during the 1999 legislative session.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Melanie C. Johnson, P.O. Box 45600, Olympia, WA 98504, (360) 407-0354.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule and Summary above.
Proposal Changes the Following Existing Rules: Repeal WAC 388-15-120 as a result of clear rule writing requirements. Implement new requirements as a result of SHB 1620 and SHB 1880 passed during the 1999 legislative session.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have an impact upon small businesses. It only affects vulnerable adults defined in chapter 74.34 RCW.
RCW 34.05.328 does not apply to this rule adoption. The rule does not meet the definition of a "significant legislative rule."
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on December 21, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by December 7, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by December 21, 1999.
Date of Intended Adoption: January 7, 2000.
November 10, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2672.5ADULT PROTECTIVE SERVICESThe statutory references for WAC 388-71-100 through WAC 388-71-155 are:
(1) Chapter 74.34 RCW;
(2) Chapter 74.39A.RCW; and
(3) Chapter 74.39 RCW.
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In addition to the definitions found in chapter 74.34 RCW, the following definitions apply:
"Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.
"Legal representative" means a guardian appointed under chapter 11.88 RCW or individual named in a durable power of attorney as the attorney-in-fact as defined under chapter 11.94 RCW.
"Person or entity with a duty of care" includes, but is not limited to, the following:
(1) A guardian appointed under chapter 11.88 RCW; or
(2) A person or entity providing the basic necessities of life to vulnerable adults where:
(a) The person or entity is employed by or on behalf of the vulnerable adult; or
(b) The person or entity voluntarily agrees to provide, or has been providing, the basic necessities of life to the vulnerable adult on a continuing basis.
"Personal aide" as found in RCW 74.39.007.
"Self-directed care" as found in RCW 74.39.007.
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The purpose of an adult protective services investigation is to:
(1) Determine if allegations of abandonment, abuse, financial exploitation, neglect, or self-neglect are valid.
(2) Provide protective services on valid reports with the consent of the vulnerable adult or his or her legal representative.
(3) Determine if other vulnerable adults are at risk of being harmed by individual who has abused, neglected, abandoned or financially exploited the vulnerable adult.
(4) Inform the program or facility providing care for the vulnerable adult that the reported incident of abandonment, abuse, financial exploitation, or neglect occurred. The information provided to the facility or program is required to be consistent with confidentiality requirements concerning the vulnerable adult, witnesses, and complainants.
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The department determines when an investigation is necessary. The following criteria must be met:
(1) The reported circumstances fit the definition of abandonment, abuse, financial exploitation, neglect, or self-neglect found in chapter 74.34 RCW; and
(2) The victim is a vulnerable adult defined in chapter 74.34 RCW.
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Chore personal care services and placement into a licensed and contracted adult family home or state funded adult residential care facility are provided without regard to income only:
(1) When the services are essential to, and a subordinate part of, the adult protective services plan; and
(2) For a period not to exceed ninety days during any twelve-month period of time.
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PERSONAL AIDE STATE REGISTRYThe name of a personal aide providing self-directed care for a vulnerable adult is placed on the registry when:
(1) An incident of abandonment, abuse, financial exploitation, or neglect of the vulnerable adult has been substantiated by the department; and
(2) The personal aide has either waived his or her right to a fair hearing or the hearing process results in upholding the finding of abandonment, abuse, financial exploitation, or neglect.
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The following information must be sent to the personal aide prior to placing his or her name on the registry:
(1) Nature and date of the alleged abandonment, abuse, financial exploitation, or neglect.
(2) Right to a fair hearing, as described in chapters 34.05 RCW and 388-08 WAC.
(3) Intent to place identifying information about the personal care aide on a registry.
(4) That the personal aide's failure to request a fair hearing within thirty days will result in his or her name being placed on the registry.
(5) That the name of the personal aide will be placed on the registry if the hearing process results in upholding the department's finding of abandonment, abuse, financial exploitation, or neglect.
(6) That the personal aide has a right to be represented at a fair hearing at his or her own expense.
(7) That, upon request of any person, the department will disclose the substantiated finding of abandonment, abuse, financial exploitation, or neglect and the identifying information regarding a personal aide whose name appears on a registry.
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The following sections of the Washington Administrative Code are repealed:
| WAC 388-15-120 | Adult protective services. |
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.