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WAC 388-71-0561

When does an individual provider have the right to an administrative hearing and how can a hearing be requested?

(1) An individual provider has the right to an administrative hearing when the department denies payment to the individual provider because:
(a) He or she has not been certified by the department of health as a home care aide within the required timeframe; or
(b) If exempted from certification, he or she has not completed required training within the required timeframe.
(2) An individual provider has the right to an administrative hearing when the department terminates the individual provider's contract, or takes other enforcement measures against the individual provider because:
(a) He or she has not completed required training within the required timeframe; or
(b) His or her certification as a home care aide has been revoked by the department of health.
(3) In an administrative hearing challenging an action under subsection (1) or (2) above, the individual provider may not challenge an action by the department of health that affects the individual provider's certification. Actions by the department of health must be challenged through an appeal to the department of health, as provided in department of health rules.
(4) To request an administrative hearing, an individual provider must send, deliver, or fax a written request to the office of administrative hearings (OAH). OAH must receive the written request within thirty calendar days of the date the department's notice letter is served upon the individual provider.
(5) The individual provider should keep a copy of the request.
(6) The appeal process will be governed by the Administrative Procedure Act (chapter 34.05 RCW), RCW 74.39A.085, chapter 388-02 WAC, Title 182 WAC and this chapter. If there is a conflict between chapter 388-02 WAC, Title 182 WAC and this chapter, this chapter will govern.
[Statutory Authority: RCW 74.08.090, 74.09.520. WSR 13-02-023, ยง 388-71-0561, filed 12/20/12, effective 1/20/13.]
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