reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0030 - Which negative actions automatically disqualify an applicant from having unsupervised access to minors and vulnerable adults who are receiving services?

Current through Register Vol. 24-14, July 15, 2024
Applicants who must satisfy background checks requirements
				  under a program or facility listed in WAC
				  388-113-0005
				  may not work in a position that may involve unsupervised access to minors or
				  vulnerable adults if he or she has one or more of the following automatically
				  disqualifying negative actions:
(1) A
				court of law has issued a final order finding or concluding the applicant
				abused, neglected, financially exploited, or abandoned a minor or vulnerable
				adult;
(2) The department has made
				a final finding of abuse, neglect, financial exploitation, or abandonment of a
				vulnerable adult against the applicant or the applicant is listed on any
				state's' registry as having a final finding of abuse, neglect, financial
				exploitation, or abandonment of a vulnerable adult, and if the finding was made
				by adult protective services, it was after October 2003;
(3) A founded finding of abuse, neglect,
				sexual exploitation, or abandonment of a minor against the applicant, or the
				applicant was found by a court in a dependency proceeding, a title 26 RCW
				domestic relations proceeding, or other court proceeding to have sexually
				abused or exploited any minor, or to have physically abused any minor and the
				finding was made by child protective services after October 1, 1998. Such a
				finding is not disqualifying if it is accompanied by a Certificate of Parental
				Improvement (CPI);
(4) The
				applicant is a registered sex offender, or is required by law to register as a
				sex offender; or
(5) The department
				of health or another disciplining authority has issued a final order finding or
				concluding the applicant abused, neglected, financially exploited, or abandoned
				a minor or vulnerable adult.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0050 - What is a character, competence, and suitability determination?

Current through Register Vol. 24-14, July 15, 2024
(1) A character,
				competence, and suitability determination is a review process that the
				department, or an authorized entity uses to decide whether an applicant has the
				character, competence, and suitability to have unsupervised access to minors or
				vulnerable adults.
(2) The
				department or authorized entity may also conduct a character, competence, and
				suitability determination for the purpose of deciding whether or not an
				applicant has the character, competence, and suitability to work with a
				particular department client when the applicant is or intends to be an
				individual provider.
(3) The
				department or an authorized entity may consider any information that may be
				relevant to an applicant's character, competence, and suitability, to maintain
				and promote the health and safety of the client including but not limited to:
(a) The ability of the applicant to
				appropriately meet the care needs of persons who would be under his or her
				care;
(b) A history of behaviors
				that may put persons who would be under the applicant's care at risk;
				or
(c) The vulnerability of persons
				who would be under the applicant's care.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0060 - How and when must a character, competence, and suitability determination be conducted by the department or an authorized entity?

Current through Register Vol. 24-14, July 15, 2024
(1) The department or an authorized entity
				must conduct a character, competence, and suitability determination of an
				employee, prospective employee, or other individual who is required to undergo
				a background check when the applicant has received a "review required" result
				as defined in WAC 388-113-0101(b).
(2) If the department or an authorized entity
				is required to conduct a character, competence, and suitability determination
				under this section, the person or entity responsible must document in writing
				the following information:
(a) Reason for the
				decision;
(b) Whether or not the
				applicant may have unsupervised access to minors and vulnerable
				adults;
(c) The date the character,
				competence, and suitability determination was completed; and
(d) The name and signature of the person or
				persons who performed the determination.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0070 - When may a character, competence, and suitability determination be conducted?

Current through Register Vol. 24-14, July 15, 2024
The department or an authorized entity may choose to conduct
				  a character, competence, and suitability determination at any
				  time.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0100 - What information sources are searched when the background check central unit (BCCU) conducts a background check?

Current through Register Vol. 24-14, July 15, 2024
(1) The BCCU searches multiple information
				sources when completing state and federal background checks, including state
				and federal law enforcement records, state court records, and agency databases.
These sources include:
(a) Washington state:
(i) Court criminal history and judicial
				information system records;
(ii)
				DSHS adult protective services findings;
(iii) DSHS residential client protection
				program findings;
(iv) DSHS child
				protective services findings;
(v)
				Department of health findings; and
(vi) Department of corrections;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0101 - What are the possible results of a background check?

Current through Register Vol. 24-14, July 15, 2024
(1) The requesting entity will receive a
				background check result. The background check result by itself does not include
				criminal history record information but identifies the source of any criminal
				or negative action records. The possible types of results are:
(a) A "no record" letter, which means none of
				the background check data sources reported criminal or negative action records
				and there are no background check records to be reviewed;
(b) A "review required" letter, which means
				the applicant or one or more data sources reported a background issue that
				requires a character, competence, and suitability review by the department or
				authorized entity to determine whether or not the applicant can work in a
				position that may have unsupervised access to minors or vulnerable adults;
				or
(c) A "disqualify" letter, which
				means the applicant or one or more data sources reported a background issue
				that automatically disqualifies the applicant from a position that has
				unsupervised access to minors or vulnerable adults.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0103 - What does the requesting entity receive from the background check central unit?

Current through Register Vol. 24-14, July 15, 2024
(1) The background
				check central unit (BCCU) provides the entity who requested the name and date
				of birth background check with:
(a) Background
				check result; and
(b) Any criminal
				history record information and negative actions reported from the background
				check data sources including the Washington state record of arrests and
				prosecutions (RAP) sheets; and may include prior fingerprint RAP sheets from
				the federal bureau of investigation (FBI) if one was used to complete the
				background check. The FBI RAP sheets will only be distributed as described in
				subsection (2)(c) below.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0105 - When must background check results and criminal history information be shared with the applicant?

Current through Register Vol. 24-14, July 15, 2024
The requesting entity must:
(1) Notify the applicant of the background
				check result;
(2) Inform the
				applicant they may have a copy of their results and criminal history record
				information when the entity has it; and
(3) Provide a copy of results and criminal
				history record information when the entity has it, if requested. The applicant
				may also contact BCCU at BCCUInquiry@dshs.wa.gov.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0107 - When can background check results and criminal history record information be shared?

Current through Register Vol. 24-14, July 15, 2024
(1) The requesting
				entity may only disclose the background check result and criminal history
				record information in the Washington state record of arrests and prosecutions
				(RAP) sheets from the background check central unit to the following:
(a) The applicant;
(b) The client, or client's representative,
				when the client has elected to receive services from an IP; and
(c) Other persons or entities as allowed by
				federal and state law, including the department of health (DOH).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0108 - When will the client of an individual provider receive the result and criminal history record information from the state background check?

Current through Register Vol. 24-14, July 15, 2024
A client who has elected to receive services from an
				  individual provider will be notified of the result of a background check. When
				  the result of a background check is "review required" the client, who is the
				  managing employer of the individual provider, will be provided with a copy of
				  the background check result and the Washington State record of arrests and
				  prosecutions (RAP) sheets if requested by the client. The individual provider
				  may choose to provide a copy of the FBI RAP sheet to the
				  client.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0109 - May an individual have unsupervised access to minors or vulnerable adults pending the outcome of the fingerprint check?

Current through Register Vol. 24-14, July 15, 2024
(1) Individuals who are required to complete
				a fingerprint-based background check may have unsupervised access for a one
				hundred twenty-day provisional period when both:
(a) The individual is not disqualified by the
				name and date of birth background check which is also known as the interim
				result letter; and
(b) A
				fingerprint-based background check is pending, which means fingerprint
				appointment has been scheduled.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0010 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to describe:
(1) The number of hours the department may
				approve an individual provider to work in a work week;
(2) How the department determines work week
				limitations;
(3) When the
				department may approve an individual provider to work more than the permanent
				work week limit;
(4) Client
				responsibilities regarding work week limits;
(5) Individual provider responsibilities
				around work week limits;
(6) What
				happens when a family or household member works more hours than are authorized
				in the client's plan of care;
(7)
				What happens when an individual provider works more than the work week limit or
				submits claims for unauthorized travel time;
(8) How the department approves and
				authorizes travel time; and
(9)
				Travel time limitations.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0020 - What definitions apply to this chapter?

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to chapter 388-114
				  WAC:
"Approve"
means the department, either in
				  advance or after the fact, has reviewed the circumstances, applied the rules in
				  this chapter, and has authorized the individual provider to work more than
				  forty hours in a work week.
"Client specific work week limit"
means a
				  temporary increase to the individual provider's permanent work week limit for
				  one of the reasons listed in WAC 388-114-0080.
"Family member"
includes, but is not limited to
				  a parent, child, sibling, aunt, uncle, niece, nephew, cousin, grandparent,
				  grandchild, grandniece, grandnephew, or such relatives when related by
				  marriage.
"Household member"
means the individual provider
				  lives with the client and has a relationship with the client that existed
				  before the client was assessed and approved for department paid personal care
				  services as defined in WAC
				  388-106-0010.
"Overtime"
means the number of hours an
				  individual provider works in a work week that is more than forty hours. When
				  required by law, the overtime wage is one and one half times the individual
				  provider's regular wage rate. Paid time off does not accrue as overtime
				  pay.
"Service hours"
means the time individual
				  providers are paid by the department to provide personal care, relief care,
				  skills acquisition training, or respite services under medicaid state plan and
				  1915(c) waiver programs, roads to community living, the veterans directed home
				  services program, and programs solely funded by the state. Service hours do not
				  include hours paid for training, travel, or paid time off.
"Travel time"
means the direct one way travel
				  time from one worksite to another in the same workday. Direct one way travel is
				  the amount of time it takes to travel the most direct route between two
				  specific worksites on the same day, as verified by using an online mapping
				  tool.
"Worksite"
means the location where an
				  individual provider provides authorized care to a department client or attends
				  required training. An individual provider's residence is not a worksite for the
				  purposes of travel time, whether or not the client lives there.
"
Work week
" begins at 12:00 a.m. Sunday morning
				  and ends at 11:59 p.m. the following Saturday night.
"Work week limit"
means the total number of
				  service hours an individual provider may provide in a work week. Travel time
				  and required IP training time hours are not included in the work week
				  limit.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0030 - How does the department determine an individual provider's permanent work week limit?

Current through Register Vol. 24-14, July 15, 2024
(1) An individual
				provider's permanent work week limit is:
(a)
				Forty service hours per week; or
(b) Subject to any expenditure limitations
				required by
				RCW
				74.39A.270(10), if the
				department paid the individual provider for one hundred seventy-four or more
				service hours of work performed in January 2016, the individual provider's
				permanent work week is calculated by dividing the individual provider's January
				paid service hours by 4.33 and rounding to the nearest quarter
				hour.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0040 - How many hours may the department approve an individual provider to work in a work week?

Current through Register Vol. 24-14, July 15, 2024
Subject to the expenditure limitations of
				  RCW
				  74.39A.270(10), the
				  department may approve an individual provider to work more than a total of
				  forty hours in a work week for one or more of the following reasons:
(1) The individual provider has a higher
				permanent work week limit as described under WAC 388-114-0030(2);
(2) The individual provider has a client
				specific work week limit because the department determined that the additional
				hours are necessary for the client for one of the reasons listed in WAC
				388-114-0080;
(3) It is allowable
				travel time as described in WAC 388-114-0130 and WAC 388-114-0140;
(4) The individual provider attends required
				training during the work week.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0050 - What if the service hours the individual provider was paid for in January 2016 does not accurately represent the individual provider's work history in February and March 2016?

Current through Register Vol. 24-14, July 15, 2024
If the individual provider's service hours paid in January
				  2016 do not accurately represent the individual provider's work history for the
				  first three months of 2016:
(1) The
				individual provider may appeal the determination by submitting a request to the
				client's case manager to review the permanent work week limit calculated under
				WAC 388-114-0030, but the IP is not entitled to an administrative hearing under
				chapter 34.05 RCW.
(2) The
				department will review the permanent work week limit if:
(a) The individual provider was contracted
				with the department;
(b) The
				individual provider was employed by a client in January 2016; and
(c) The total monthly service hours the
				individual provider was paid in January 2016 is less than the total monthly
				service hours the individual provider was paid in either February or March 2016
				and the average in those months was above forty hours.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0070 - May an individual provider work more than his or her permanent work week limit?

Current through Register Vol. 24-14, July 15, 2024
An individual provider with a permanent work week limit
				  of:
(1) Forty service hours per week
				may only exceed the permanent work week limit as described in WAC
				388-114-0080;
(2) More than forty
				service hours has flexibility to work more than his or her permanent work week
				limit in a given week if:
(a) Requested by the
				client to meet a specific need;
(b)
				Doing so would not exceed the client's monthly authorized hours;
(c) The total number of service hours worked
				over forty for each work week in a calendar month does not exceed the amount of
				overtime the individual provider would receive if he or she worked his or her
				permanent work week limit every week of the calendar month; and
(d) The use of more service hours in a given
				week will not result in a client going without essential care in other weeks of
				the month.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0080 - When may the department temporarily approve a client specific increase to an individual provider's work week limit?

Current through Register Vol. 24-14, July 15, 2024
(1) The department may temporarily increase
				an individual provider's work week limit if it determines the increase is
				necessary:
(a) Due to a lack of available
				providers who are able to adequately meet a client's care needs, as evaluated
				by the department in its consideration of:
(i) The overall availability of providers in
				the geographic region;
(ii) Whether
				the client has complex medical or behavioral needs;
(iii) Whether the client requires a provider
				with specific language skills; and
(iv) The client's good faith efforts and
				cooperation to manage his or her service hours and locate and select additional
				providers, examples of which may include:
(A)
				Making schedule adjustments within the work week limits of current providers
				who are providing services;
(B)
				Seeking a qualified family or friend to contract as an individual
				provider;
(C) Utilizing the home
				care referral registry; and
(D)
				Requesting a worker through a home care agency, unless doing so would cost more
				than paying the individual provider overtime;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0090 - How does the individual provider work week limit affect the client's responsibilities listed in WAC 388-71-0505?

Current through Register Vol. 24-14, July 15, 2024
In addition to the responsibilities detailed in WAC
				  388-71-0505, the client
				  must:
(1) Manage his or her individual
				providers' work time to stay within each individual provider's total work week
				limit described in this chapter and within the total number of monthly
				authorized hours in the client's plan of care;
(2) Contact his or her case manager and
				participate in the search, selection, and hiring of additional providers when
				necessary to comply with subsection (1) of this section; and
(3) Choose a different provider when an
				individual provider is already working for one or more clients and the
				individual provider would exceed his or her work week limit by working for the
				client.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0100 - How does the individual provider work week limit affect the individual provider's responsibilities in WAC 388-71-0515?

Current through Register Vol. 24-14, July 15, 2024
In addition to the responsibilities detailed in WAC
				  388-71-0515, the individual
				  provider must:
(1) Communicate and
				coordinate with each of his or her clients about how many service hours the
				individual provider is allowed and available to work each week; and
(2) Not accept assignments or changes in
				schedules for clients that would require the individual provider to work more
				than his or her work week limit unless it is to respond to an unexpected health
				or safety need of the client that cannot be postponed.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0110 - What happens when an individual provider, who is a family member or household member, provides more care or services than authorized in the client's plan of care?

Current through Register Vol. 24-14, July 15, 2024
The department will not pay an individual provider who is
				  also a family or household member for care hours or services beyond the monthly
				  authorized hours in the client's plan of care.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0120 - What happens if an individual provider works more service hours in a work week than the individual provider's work week limit or claims unapproved travel or service hours or non-required training time?

Current through Register Vol. 24-14, July 15, 2024
(1) If an individual provider works more
				service hours in a work week than the work week limit approved by the
				department or submits a claim for unapproved travel or service hours or
				non-required training time, the department may take any of the following
				actions:
(a) Contact the individual provider
				to discuss the client's care needs and the individual provider's
				responsibilities under department rules and the individual provider's
				contract;
(b) Provide additional
				technical assistance to the individual provider and the client on how to comply
				with department rules and the individual provider contract;
(c) Give the individual provider and the
				client notice that continued failure by the individual provider to comply may
				result in termination or suspension of the individual provider's
				contract;
(d) Terminate or suspend
				the individual provider's contract and assist the client in finding another
				individual provider.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0130 - How is travel time approved and authorized?

Current through Register Vol. 24-14, July 15, 2024
(1) Individual providers must provide an
				estimate of planned travel time and request approval from the department in
				advance of travel. The reasonableness of the request may be verified by the
				department using an online mapping tool.
(2) Travel time is calculated based upon the
				actual time to travel directly between worksites during each work day and is
				rounded to the nearest fifteen minutes. If more than one trip between worksites
				is made in a day, direct travel times are added together and rounded to the
				nearest fifteen minutes once each day.
(3) Regardless of the estimated travel time,
				individual providers may only bill for actual time spent traveling as
				calculated in subsection (2) of this section.
(4) If the individual provider has unexpected
				or unplanned travel time, the individual provider must contact the department
				to request approval and authorization for payment of the unplanned travel. The
				department will approve unplanned travel time requests related to client health
				and safety or due to traffic conditions outside the individual provider's
				control.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-114 - Travel time and work week limitations for individual providers › Section 388-114-0140 - Are there limitations on travel time?

Current through Register Vol. 24-14, July 15, 2024
The department will not approve an individual provider to
				  provide care for a client if the department determines, based on an online
				  mapping tool, that the individual provider would regularly travel for more than
				  sixty minutes between worksites or exceed a total of seven hours of travel time
				  per work week.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-0500 - What is the purpose of this section of the chapter?

Current through Register Vol. 24-14, July 15, 2024
The purpose of WAC 388-115-0500 through WAC 388-115-05640 is
				  to describe:
(1) The role of the
				client as the managing employer of individual providers;
(2) Individual provider qualifications and
				responsibilities;
(3) When the
				consumer directed employer must or may reject a client's selected individual
				provider; and
(4) When the consumer
				directed employer has a right to an administrative hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-0503 - What definitions apply to WAC 388-115-0500 through 388-115-05640?

Current through Register Vol. 24-14, July 15, 2024
(1)
"Area
				agencies on aging (AAA)"
means a contracted entity that aging and
				long-term support administration (ALTSA) grants funds to in order to carry out
				the functions of the Older Americans Act, general-fund state programs, and to
				provide case management services and supports to individuals 18 and older who
				receive medicaid-funded LTC in the individual's own home.
(2)
"Applicant"
means a person
				who is in the process of becoming an in-home long-term care worker.
(3)
"Negative actions"
are
				listed in WAC
				388-113-0030.
(4)
"Background check"
means a
				name and date of birth check or a fingerprint-based background check, or
				both.
(5)
"Background check
				result"
is defined in WAC
				388-113-0101.
(6)
"Background check central
				unit(BCCU)"
means the DSHS entity responsible for conducting background
				checks for the department.
(7)
"Character, competence, and suitability determination (CC&S)"
is defined in WAC
				388-113-0050.
(8)
"Client"
means an individual
				receiving medicaid or veterans' administration funded in-home long term
				services from the department.
(9)
"Consumer directed employer (CDE)"
is a private entity that
				contracts with the department to be the legal employer of individual providers
				for purposes of performing administrative functions. The consumer directed
				employer is patterned after the agency with choice model, recognized by the
				federal centers for medicare and medicaid services for financial management in
				consumer directed programs. The entity's responsibilities are described in
				RCW
				74.39A.515 and throughout chapter 74.39A RCW
				and include:
(a) Coordination with the
				consumer, who is the individual provider's managing employer;
(b) Withholding, filing, and paying income
				and employment taxes, including workers' compensation premiums and unemployment
				taxes, for individual providers;
(c) Verifying an individual provider's
				qualifications; and
(d) Providing
				other administrative and employment-related supports. The consumer directed
				employer is a social service agency and its employees are mandated reporters as
				defined in
				RCW
				74.34.020.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-0505 - What is the client's role as managing employer of an individual provider?

Current through Register Vol. 24-14, July 15, 2024
The client, or the client's representative, is the managing
				  employer and:
(1) Has the primary
				responsibility to select, dismiss, assign hours, and supervise the work of one
				or more individual providers; and
(2) May receive assistance from the consumer
				directed employer or other resources in identifying potential
				providers.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-0510 - What are the qualifications of an individual provider?

Current through Register Vol. 24-14, July 15, 2024
In order to be qualified as an individual provider, an
				  applicant must:
(1) Be eighteen years
				of age or older;
(2) Not have a
				disqualifying crime or negative action under chapter 388-113 WAC based on a
				completed background check;
(3) Not
				be disqualified based on a character, competence, and suitability
				determination;
(4) Complete
				training and certification requirements as required by WAC
				388-71-0520
				and WAC
				388-71-0523;
(5) If required, have a home care aide
				certification or other qualifying credential by the DOH that is both active and
				in good standing;
(6) Be an
				employee of the consumer directed employer to provide personal care
				services;
(7) Pass the federal
				exclusion list screening; and
(8)
				Not have credible allegations of fraud which are pending investigation, unless
				they fit within the exceptions listed in
				42 C.F.R.
				455.23.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-0511 - When is a background check required of an individual provider?

Current through Register Vol. 24-14, July 15, 2024
(1) Individual
				providers are required to complete and pass a name and date of birth background
				check prior to working with a client.
(2) Individual providers are required to
				complete and pass a name and date of birth background check:
(a) Every two years; and
(b) Any time the consumer directed employer
				requests a new background check from an individual provider.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-0513 - How does an individual provider complete a background check?

Current through Register Vol. 24-14, July 15, 2024
(1) The individual
				provider must:
(a) Complete the background
				check authorization form;
(b)
				Answer all questions on the background check authorization form
				truthfully;
(c) Obtain a
				fingerprint-based background check result;
(d) Not have any automatically disqualifying
				conviction(s), pending charge(s), or negative action(s) as described in chapter
				388-113 WAC;
(e) Review the
				background check results and if necessary provide documents or other
				information to BCCU to correct the background check results; and
(f) When requested by BCCU, provide
				additional information in order to complete a background check as mandated by
				statute.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-0516 - What are the responsibilities of the consumer directed employer when providing care to a client?

Current through Register Vol. 24-14, July 15, 2024
In providing care to a client, the consumer directed employer
				  must:
(1) Be responsible that the
				client assigned individual provider(s) understands the approved plan of
				care;
(2) Assign client approved
				tasks from services outlined in a client's plan of care, as described in WAC
				388-106-0010;
(3) Accommodate the client's individual
				preferences and unique needs in providing care;
(4) Contact the client, client's
				representative and case manager when there are changes observed by the
				individual provider that affect the personal care and other tasks listed on the
				plan of care;
(5) Be responsible
				that the individual provider(s) observes the client for and consults with the
				client or representative, regarding change(s) in health, takes appropriate
				action, and responds to emergencies;
(6) Notify the case manager immediately when
				the client enters a hospital or moves to another setting;
(7) Notify the case manager immediately in
				the event of the client's death;
(8) Notify the department or AAA immediately
				when unable to staff/serve the client;
(9) Comply with time keeping requirements,
				and keep accurate records of time of authorized/paid hours that are accessible
				to the appropriate department or designee staff; and
(10) Comply with all applicable laws and
				regulations.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-0520 - What are the training requirements for an individual provider?

Current through Register Vol. 24-14, July 15, 2024
An individual hired on or after January 7, 2012, must meet
				  the training requirements described in WAC
				  388-71-0836 through
				  388-71-1006.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-0540 - When will the consumer directed employer (CDE) reject your selected individual provider?

Current through Register Vol. 24-14, July 15, 2024
(1) The CDE will
				reject an individual provider who:
(a) Is the
				client's spouse, except in the case of an individual provider for a chore
				services client or when the client is receiving services under the veteran
				directed home care program;
(b) Is
				the natural, step, or adoptive parent of a minor client aged 17 or
				younger;
(c) Is the foster parent
				providing personal care or skills acquisition training to a child residing in
				the individual's licensed foster home; or
(d) Does not meet the qualifications under
				WAC 388-115-0510.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-05410 - What are the client's rights if the consumer directed employer rejects the selection of a person to serve as the client's individual provider or discontinues the current individual provider's assignment?

Current through Register Vol. 24-14, July 15, 2024
(1) The client may choose to receive services
				from a different individual provider or another qualified provider.
(2) The client has the right to dispute the
				decision under the consumer directed employer's dispute resolution
				process.
(3) The client does not
				have a right to a hearing under chapter 34.05 RCW.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-05415 - When will the department deny payment to the CDE?

Current through Register Vol. 24-14, July 15, 2024
The department will deny payment to the CDE for services
				  provided to a department client:
(1)
				By an individual provider who does not meet the qualifications in WAC
				388-115-0510;
(2) In excess of the
				client's authorized number of hours, except when necessary to respond to an
				emergent situation that poses a serious risk to the client's health and safety;
				or
(3) As provided in the contract
				with the consumer directed employer.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-0562 - When does the consumer directed employer have the right to an administrative hearing and how can a hearing be requested?

Current through Register Vol. 24-14, July 15, 2024
(1) The consumer directed employer has the
				right to an administrative hearing when the department or a department designee
				terminates its contract or takes other enforcement action related to its
				contract because the consumer directed employer:
(a) Employs an individual provider who has
				not completed training within the required timeframe; or
(b) Employs an individual provider who does
				not meet the certification or recertification requirements or whose
				certification has been revoked by the department of health (DOH).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-115 - Consumer directed employer › Section 388-115-05640 - Self-directed care-Who must direct self-directed care?

Current through Register Vol. 24-14, July 15, 2024
Self-directed care under chapter 74.39 RCW must be directed
				  by an adult client for whom the health-related tasks are provided. The adult
				  client is responsible to train the individual provider in the health-related
				  tasks which the client self-directs.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › PURPOSE › Section 388-145-0010 - What is the purpose of this chapter? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0010, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › PURPOSE › Section 388-145-0020 - What definitions apply to this chapter? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0020, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › GENERAL INFORMATION › Section 388-145-0030 - What is an emergency respite center? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0030, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › GENERAL INFORMATION › Section 388-145-0040 - What services may be provided or arranged for by the emergency respite center? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0040, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › GENERAL INFORMATION › Section 388-145-0050 - Are there services an emergency respite center may not provide? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0050, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › GENERAL INFORMATION › Section 388-145-0060 - What age children may a center serve? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0060, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › GENERAL INFORMATION › Section 388-145-0070 - Who may place children at a center? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0070, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › APPLICATION › Section 388-145-0080 - Is a license required? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0080, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › APPLICATION › Section 388-145-0090 - How old do I have to be to apply for a license? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0090, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › APPLICATION › Section 388-145-0100 - What personal characteristics must a person have to provide care to children at a center? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.030,
						74.15.280. 05-11-008, §
						388-145-0100, filed 5/4/05, effective 6/4/05. Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0100, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › APPLICATION › Section 388-145-0110 - What personal information may I be required to provide to be licensed? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0110, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › APPLICATION › Section 388-145-0120 - How do I apply for a license? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0120, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › APPLICATION › Section 388-145-0130 - What is required to document completed background checks on staff? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0130, filed 3/26/03, effective
						4/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › APPLICATION › Section 388-145-0140 - What first aid and cardiopulmonary resuscitation (CPR) training is required? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.15.280,
						74.15.020 and 2001 c 230.
						03-08-026, § 388-145-0140, filed 3/26/03, effective
						4/26/03.