WSR 09-15-192

PROPOSED RULES

HOME CARE

QUALITY AUTHORITY

[ Filed July 22, 2009, 11:24 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-08-079.

Title of Rule and Other Identifying Information: IP Fingerprinting, one hundred twenty-day provisional hire, the agency is amending and adopting new rules in chapter 257-10 WAC, Home care quality authority -- Referral registry, amending WAC 257-10-120 What qualifies individual providers or prospective individual providers to be included on the referral registry?

Hearing Location(s): Home Care Quality Authority Board Room, 4317 6th Avenue S.E., Suite 101, Lacey, WA 98503 (link to HCQA map available from http://www.hcqa.wa.gov/Contact/contact_hcqa.html or by calling (360) 493-9350), on August 25, 2009, at 11:00 a.m.

Date of Intended Adoption: Not earlier than September 22, 2009.

Submit Written Comments to: Lisa Livingston, HCQA Rules Coordinator, P.O. Box 40940, Olympia, WA 98504-0940, delivery 4317 6th Avenue S.E., Suite 101, Lacey, WA 98503, e-mail llivingston@hcqa.wa.gov, fax (360) 493-9380, by 5:00 p.m. on August 25, 2009.

Assistance for Persons with Disabilities: Contact Lisa Livingston, by August 18, 2009, phone (360) 493-9350.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To maintain consistency with other WAC, statute and policies related to fingerprint-based background check requirements for individual providers.

This amendment will allow for a provider to be placed on the referral registry for a one hundred twenty-day provisional period pending the outcome of the fingerprint check.

Reasons Supporting Proposal: See above.

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 98504-0940, (360) 493-9350; and Enforcement: Rick Hall, P.O. Box 40940, Olympia, WA 98504-0940, (360) 493-9350.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has determined that no new costs will be imposed on small businesses or nonprofit organizations.

A cost-benefit analysis is not required under RCW 34.05.328. Rule[s] are exempt per RCW 34.05.328(5).

May 20, 2009

R. A. Hall

Executive Director

OTS-2496.1


AMENDATORY SECTION(Amending WSR 05-14-113, filed 7/1/05, effective 8/1/05)

WAC 257-10-120   What qualifies individual providers or prospective individual providers to be included on the referral registry?   The individual provider or prospective individual provider must:

(1) Satisfactorily complete a Washington state patrol background check and not be convicted of a disqualifying crime ((listed in RCW 43.43.830 as specified by DSHS home and community services or developmental disabilities or children's administration)) based on the appropriate department of social and health services list of crimes and negative actions; and

(2) Complete an FBI fingerprint-based background check if the person has lived in the state of Washington fewer than three years((;)). An individual provider or prospective individual providers who has lived in the state fewer than three years may be included on the referral registry for a one hundred twenty-day provisional period as allowed by law or program rules when:

(a) A fingerprint-based background check is pending; and

(b) The individual provider or prospective individual provider is not disqualified based on the immediate result of the Washington state patrol background check.

(3) Not be listed on any long-term care abuse and neglect registry used by DSHS;

(4) Be eighteen years of age or older;

(5) Provide picture identification;

(6) Have a Social Security card or authorization to work in the United States; and

(7) Comply with requirements listed in WAC 257-10-180.

[Statutory Authority: RCW 74.39A.280(3) and 74.39A.250 (1)(a)-(h). 05-14-113, 257-10-120, filed 7/1/05, effective 8/1/05.]

Washington State Code Reviser's Office