WSR 98-22-102

EXPEDITED ADOPTION

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Adult Services Administration)

[Filed November 4, 1998, 10:43 a.m.]

Title of Rule: WAC 388-15-196, 388-15-19600, 388-15-19610, 388-15-19620, 388-15-19630, 388-15-19640, 388-15-19650, 388-15-19660, 388-15-19670, and 388-15-19680, related to individual providers and home care agency providers.

Purpose: Modifies language to clarify rules without changing the effect of the rules. Modify the language of "In-home provider," and distinguish individual providers and home care agency providers separately. Modify language describing abuse, neglect, exploitation, or abandonment to make it clearer, and remove the word "financial." Include "designee" as a person who can obtain Social Security card information and complete criminal conviction background inquiries. The proposed rules clarify language without changing its effect and correct language dictated by statute.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050.

Statute Being Implemented: RCW 43.20A.710, 74.39A.050, 43.43.830, 42 CFR 1002.210, 42 CFR 431.51.

Summary: Modifies the language to clarify rules without changing these rules or their effect. Removes the term in-home providers, and distinguishes individual providers and home care agency providers separately. Removes the word "agreed" from orders. Replaces "related to" with "of guilt for" to provide clarity. Removes "financial" from exploitation to comply with specific statute. Includes "designee" as a person who can obtain Social Security card identification and complete criminal conviction background inquiries.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sue McDonough, Program Manager, Home and Community, HCSD, AASA, Olympia, Washington, (360) 407-0331.

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: The rule separates the two entities responsible for providing in-home care to persons on the COPES, MPC, and Chore programs, which are covered in WAC 388-15-196 through 388-15-19680. The purpose is to remove the term "in-home providers," and replace it with individual providers and home care agency providers. The anticipated effect is to clarify which rules apply to both individual providers and home care agency providers, and which are specific to each entity. The proposed rules clarify language without changing its effect.

The rule removes the word "agreed" from "orders" in WAC 388-15-19610 (2)(d). Replaces "related to" with "of guilt for" in the same sentence. The purpose and anticipated effect is to improve clarity. The proposed rules provide clarity without changing its effect.

The word "financial" is removed from the language in WAC 388-15-19610 (2)(d). The purpose and effect is to comply with the explicit and specific dictate of the statute.

The rule adds "designee" to "social worker or case manager" as a person who can obtain Social Security card identification and complete criminal conviction background inquiries in WAC 388-15-19620 (2)(3). The purpose is to include other entities who complete this work. The anticipated effect is to provide those persons with the ability to do these functions. The proposed rules provide clarity without changing its effect.

Proposal Changes the Following Existing Rules: See above.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Paige Wall, Rules Coordinator, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, AND RECEIVED BY January 4, 1999.

November 3, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

SHS-2484.3

AMENDATORY SECTION (Amending WSR 98-18-037, filed 8/27/98, effective 9/27/98)

WAC 388-15-196 ((In)) Individual providers and home care agency providers. The intent of WAC 388-15-196 through 388-15-19680 is to describe the:

(1) Qualifications of an individual provider (IP), defined in WAC 388-15-202 (25) and (26);

(2) Qualifications of ((~~an in-home provider employed by~~)) a home care agency provider, defined in WAC 388-15-202(2);

(3) Conditions under which the department will pay an ((~~in-home~~)) individual provider; and

(4) Conditions under which the department may deny a contract to an individual provider or terminate payment to an ((~~in-home~~)) individual provider or a home care agency provider.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050, 43.20A.710, 42 C.F.R. 1002.210 and 42 C.F.R. 431.51. 98-18-037, § 388-15-196, filed 8/27/98, effective 9/27/98. Statutory Authority: RCW 74.04.050, 74.08.090, 74.39A.005, 74.39A.007, 74.39A.050 and 74.39A.070. 97-16-106, § 388-15-196, filed 8/6/97, effective 9/6/97. Statutory Authority: RCW 74.08.090, 74.09.520, 74.39A.100, 74.39.010, 74.39.030 and 1996 c 302 § 5. 96-20-093, § 388-15-196, filed 10/1/96, effective 11/1/96. Statutory Authority: RCW 74.08.090, 74.09.520 and 1995 1st sp.s. c 18. 95-20-041 (Order 3904), § 388-15-196, filed 9/28/95, effective 10/29/95.]

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.

AMENDATORY SECTION (Amending WSR 98-18-037, filed 8/27/98, effective 9/27/98)

WAC 388-15-19600 How do I apply to be an ((~~in-home~~)) individual provider of an adult client? A person who wants to be an ((~~in-home~~)) individual provider must((:

~~(1)~~)) contact the client's social worker or case manager((~~; or~~

~~(2) Be employed by a home care agency~~)).

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050, 43.20A.710, 42 C.F.R. 1002.210 and 42 C.F.R. 431.51. 98-18-037, § 388-15-19600, filed 8/27/98, effective 9/27/98.]

AMENDATORY SECTION (Amending WSR 98-18-037, filed 8/27/98, effective 9/27/98)

WAC 388-15-19610 What requirements must an adult client's ((~~in-home~~)) individual provider or a home care agency provider meet? An ((~~in-home~~)) individual provider or a home care agency provider of an adult must:

(1) Meet the requirements of chapter 246-336 WAC, if employed by a home care agency;

(2) Meet the following requirements, if employed by the client as an individual provider:

(a) Be eighteen years of age or older;

(b) Not be the spouse of the client receiving services, unless the client is on the chore personal care program or the parent of a child age seventeen or younger;

(d) Have no findings of fact or conclusions of law or ((~~agreed~~)) orders ((~~related to~~)) of guilt for abuse, neglect, ((~~financial~~)) exploitation or abandonment of a minor or vulnerable adult, as defined in RCW 74.39A.050(8);

(e) Have not had a license or a contract for the care of children or vulnerable adults denied, suspended, or revoked, or terminated; for noncompliance with state and federal regulations;

(f) Have read and understand the client's service plan, translated or interpreted, as necessary, for the client and/or IP; and

(g) Provide the services, as outlined in the client's service plan within the scope of practice in WAC 388-15-203.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050, 43.20A.710, 42 C.F.R. 1002.210 and 42 C.F.R. 431.51. 98-18-037, § 388-15-19610, filed 8/27/98, effective 9/27/98.]

AMENDATORY SECTION (Amending 98-18-037, filed 8/27/98, effective 9/27/98)

WAC 388-15-19620 How do I get paid as an individual provider? In order to be paid by the department, an individual provider must:

(1) Be hired by a client/legal guardian;

(2) Provide the social worker ((or))/case manager/designee with a Social Security card and picture identification;

(3) Complete and submit to the social worker ((or))/case manager/designee the department's criminal conviction background inquiry application;

(4) Sign a home and community-based service provider contract/agreement to provide services to a COPES or Medicaid personal care client, or other department contract or agreement; and

(5) Meet the conditions in WAC 388-15-19610(2).

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050, 43.20A.710, 42 C.F.R. 1002.210 and 42 C.F.R. 431.51. 98-18-037, § 388-15-19620, filed 8/27/98, effective 9/27/98.]

AMENDATORY SECTION (Amending WSR 98-18-037, filed 8/27/98, effective 9/27/98)

WAC 388-15-19630 Under what conditions will the department deny payment to an ((~~in-home~~)) individual provider or a home care agency provider? The department will deny payment when an ((~~in-home~~)) individual provider or a home care agency provider:

(1) Does not meet the conditions of the contract;

(2) Has been terminated by the department for cause;

(3) Does not successfully complete the training requirements within the time limits in WAC 388-15-19650 through 388-15-19680;

(4) Demonstrates an unwillingness or inability to provide care following mandatory training or other training provided by the client's social worker/case manager or through the nurse expertise service; or

(5) Does not meet the conditions as stated in WAC 388-15-19610 and 388-15-19620.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050, 43.20A.710, 42 C.F.R. 1002.210 and 42 C.F.R. 431.51. 98-18-037, § 388-15-19630, filed 8/27/98, effective 9/27/98.]

AMENDATORY SECTION (Amending WSR 98-18-037, filed 8/27/98, effective 9/27/98)

WAC 388-15-19640 Does the ((~~in-home~~)) individual provider or the home care agency provider have responsibilities in addition to the service plan? In addition to providing services as outlined on the client's service plan, the ((~~in-home~~)) individual provider or the home care agency provider must:

(1) Accommodate client's individual preferences and differences in providing care;

(2) Contact the client's representative and case manager when there are changes which affect the personal care and other tasks listed on the service plan;

(3) Observe the client for change(s) in health, and respond to emergencies;

(4) Notify the case manager immediately when the client enters a hospital, an adult family home, an adult residential care facility, an enhanced adult residential care facility, an assisted living facility, or a nursing facility; and

(5) Notify the case manager immediately if the client dies.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050, 43.20A.710, 42 C.F.R. 1002.210 and 42 C.F.R. 431.51. 98-18-037, § 388-15-19640, filed 8/27/98, effective 9/27/98.]

AMENDATORY SECTION (Amending WSR 98-18-037, filed 8/27/98, effective 9/27/98)

WAC 388-15-19650 What are the educational requirements for an ((~~in-home~~)) individual provider or a home care agency provider? To meet the educational requirements, an ((~~in-home~~)) individual provider or a home care agency provider must:

(1) Possess a certificate of successfully completing department-designated fundamentals of caregiving training within one hundred and twenty days after beginning employment;

(2) Complete a minimum of ten hours of continuing education credits each calendar year following the year in which the fundamentals of caregiving training is taken. One hour of completed instruction equals one hour of credit on topics that pertain to services provided in an in-home setting including, but not limited to:

(a) Client's rights;

(b) Personal care (such as transfers or skin care);

(d) Mental illness;

(e) Depression;

(f) Medication assistance;

(g) Communication skills;

(h) Alternatives to restraints;

(i) Activities for clients; and

(3) Provide the department with proof of completion of continuing education credits.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050, 43.20A.710, 42 C.F.R. 1002.210 and 42 C.F.R. 431.51. 98-18-037, § 388-15-19650, filed 8/27/98, effective 9/27/98.]

AMENDATORY SECTION (Amending WSR 98-18-037, filed 8/27/98, effective 9/27/98)

WAC 388-15-19660 Do all ((~~in-home~~)) individual providers or home care agency providers have to take the fundamentals of caregiving training? An IP or a home care agency provider can do the following instead of taking the fundamentals of caregiving:

(1) Pass the department's challenge test for the required class. This test can be taken once only. An IP contacts the AAA designated trainer to request the test; or

(2) Complete the department designated modified fundamentals of caregiving training and be a:

(a) Registered or licensed practical nurse;

(b) Physical or occupational therapist;

(d) Medicare-certified home health aide; or

(3) Complete the division of developmental disabilities' (DDD) staff training required by chapter 275-26 WAC and continue to work for a DDD-contracted agency.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050, 43.20A.710, 42 C.F.R. 1002.210 and 42 C.F.R. 431.51. 98-18-037, § 388-15-19660, filed 8/27/98, effective 9/27/98.]

AMENDATORY SECTION (Amending WSR 98-18-037, filed 8/27/98, effective 9/27/98)

WAC 388-15-19670 Are there special rules about training for parents who are the ((~~in-home~~)) individual providers of division of developmental disabilities (DDD) adult children? Natural, step, or adoptive parents of adult DDD children:

(1) Must possess a certificate of successfully completing a six-hour DDD-approved training or a specially designed department-approved training within one hundred eighty days after beginning employment;

(2) Are exempt from continuing education requirements; and

(3) Are exempt from the fundamentals of caregiving training if they provide care only for their own adult DDD child.

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050, 43.20A.710, 42 C.F.R. 1002.210 and 42 C.F.R. 431.51. 98-18-037, § 388-15-19670, filed 8/27/98, effective 9/27/98.]

AMENDATORY SECTION (Amending WSR 98-18-037, filed 8/27/98, effective 9/27/98)

WAC 388-15-19680 Are there special rules about training for parents who are the ((~~in-home~~)) individual providers of non-DDD adult children? Natural, step, or adoptive parents of adult non-DDD children must:

(1) Possess a certificate of successfully completing the fundamentals of caregiving training within one hundred eighty days after beginning employment; or

(2) Pass the department's challenge test; and

(3) Complete and provide proof of ten hours of continuing education credits as required under WAC 388-15-19650 (2) and (3).

[Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.842, 74.39A.050, 43.20A.710, 42 C.F.R. 1002.210 and 42 C.F.R. 431.51. 98-18-037, § 388-15-19680, filed 8/27/98, effective 9/27/98.]