Washington Administrative Code

WAC 388-03-160 applies to all certified/authorized/recognized interpreters/translators, regardless of when their certificates/authorization letters were issued. The expiration date for certificates/authorization letters is four years from the effective date of the revised chapter…

Except for current DSHS employees in designated bilingual positions, the department may deny or revoke either your certification or authorization status if it determines that you committed any of the following acts:(1) You have not been truthful when dealing with the department; …

The DSHS human resources division (HRD) will address issues of bilingual employees through agency administrative policy or applicable collective bargaining agreements.[Statutory Authority: RCW 74.04.025, 74.08.090, Title VI of the Civil Rights Act of 1964, and 45 C.F.R. Section 8…

Except for current DSHS employees in designated bilingual positions, if it is alleged that you have committed any of the acts listed in WAC 388-03-170, before denying or revoking your certification or authorization status, the department must:(1) Have received an official request…

Any request for revocation must be officially filed with LTC within two years of the alleged occurrence of misconduct. Otherwise, the request shall be dismissed as untimely.[Statutory Authority: RCW 74.04.025, 74.08.090, Title VI of the Civil Rights Act of 1964, and 45 C.F.R. Sec…

If your certification or authorization is denied or revoked, you have the right to appeal the decision by using the adjudicative proceeding process in chapters 34.05 RCW and 388-02 WAC.[Statutory Authority: RCW 74.04.025, 74.08.090, Title VI of the Civil Rights Act of 1964, and 4…

To request an adjudicative hearing, you must:(1) File a written application for hearing with the department's board of appeals within twenty-one days of receiving the department's decision to deny or revoke your certification or authorization.(2) Your written application must inc…

The purpose of this chapter shall be to establish rules implementing the department's policy for the protection of departmental wards, clients, and employees who serve as human subjects in research and related activities. These rules do not supersede or limit the applicability of…

(1) "Research" means a systematic investigation designed to develop or contribute to generalizable knowledge. Activities which meet this definition constitute "research" for purposes of these rules, whether or not they are supported or conducted under this label.(2) "Related acti…

(1) No service unit or administrative unit within the department's jurisdiction shall allow, or shall participate in, the conduct of research and related activities unless the plans or protocols for such activities have been reviewed and approved by the department of social and h…

(1) The department shall maintain a human research review board which shall have primary responsibility for the ethical and technical review of the use of human subjects in research and related projects conducted within the department's jurisdiction. Unfavorable review dispositio…

The department's human research review rules shall apply to all organizational units of the department. They shall apply to all research and related activities that involve departmental clients, wards, or employees as human subjects or that require disclosure of their personal re…

(1) All research and related activity proposals subject to review under WAC 388-10-050 shall be submitted in writing and such proposals shall conform to the format and content guidelines published by the department.(2) The director of the departmental unit responsible for human r…

(1) The department shall develop and publish a comprehensive set of procedural guidelines for the protection of human research subjects within its jurisdiction. These guidelines shall be at least as restrictive as the minimum requirements set forth in Title 45, Part 46 of the Cod…

The purpose of this chapter is to establish general procedures for contractors to follow when submitting claims for payment to the department of social and health services. Additional requirements may also apply.[Statutory Authority: RCW 43.17.060. WSR 01-12-071, § 388-05-0001, f…

This chapter applies to all contracts for personal or client services as defined in chapter 39.29 RCW and to all interlocal agreements governed by chapter 39.34 RCW. This chapter does not supersede WAC 388-502-0150 titled Time limits for providers to bill medical assistance admin…

Each contractor who is rendering authorized services to the department or its clients shall submit claims for payment, as agreed upon between the department and the contractor, no later than twelve months after the date of service. If the claims for payment are not presented with…

(1) WAC 388-06-500 through 388-06-0550 define when an applicant, long-term care worker, or service provider may have unsupervised access to vulnerable adults and children pending the results of a fingerprint-based background check required by RCW 74.39A.056 or RCW 43.43.837.(2) W…

The 120-day provisional period allows applicants, long-term care workers, and service providers to have unsupervised access to vulnerable adults and children pending the results of a fingerprint-based background check.[Statutory Authority: RCW 43.20A.710, 43.43.837, 74.08.090, 74…

"Applicant" has the same meaning as defined in RCW 43.43.830."Completed fingerprint check" means the applicant has a final fingerprint notification from the background check central unit that is not disqualifying."Long-term care worker" has the same meaning as defined in RCW 74.3…

Applicants, long-term care workers, and service providers are eligible for the 120-day provisional period once they have passed a state name and date of birth background check and have scheduled their appointment to have their fingerprints taken for the fingerprint-based backgrou…

The 120-day provisional period begins on the date an applicant, long-term care worker, or service provider begins providing care to a vulnerable adult or child. [Statutory Authority: RCW 43.20A.710, 43.43.837, 74.08.090, 74.09.520, 74.39A.056, and 2021 c 203. WSR 22-24-058, § 388…

Notwithstanding WAC 388-06-0530, applicants, long-term care workers, and service providers who began providing care to vulnerable adults between November 1, 2019, and April 30, 2022, will have until August 28, 2022, to complete the fingerprint background check. Providers who begi…

The following definitions apply to WAC 388-06-0700 through 388-06-0810:"Applicant" means an employee, volunteer, student, intern, licensee, service provider, contractor, or other individual who is the subject of the background check and who will work in a position that:(1) May ha…

An authorized entity may request a background check through the background check central unit when the authorized entity has:(1) A valid background check central unit account number;(2) A current department background authorization form filled out and signed by the applicant; and…

(1) The background check central unit follows laws related to the release of criminal history records (chapter 10.97 and 43.43 RCW), public disclosure (chapter 42.56 RCW); and other applicable laws when releasing background information.(2) The authorized entity who submits a back…

(1) Except as provided for in subsections (2) through (4) of this section, BCCU must include a statement about any existing CROP in background check results for all applicants that the department is authorized to disqualify for: (a) A license; (b) A certificate of authority;(c) Q…

A CROP does not apply to any state abuse and neglect registry. No finding of abuse, neglect, or misappropriation of property may be removed from such registry based solely on a CROP.[Statutory Authority: RCW 9.97.020. WSR 17-19-073, § 388-06-0810, filed 9/15/17, effective 10/16/1…

The purpose of this chapter is to establish standards for the department of social and health services to conduct background checks for department employees, applicants for employment, volunteers and student interns.[Statutory Authority: RCW 43.43.832, 43.20A.710, and 43.43.837. …

"Applicant" means a person who has applied for work in a department-covered position, including current employees, volunteers, students, or interns serving or working in a similarly situated position or any person who must meet state and federal background check requirements to w…

(1) The secretary of the department of social and health services or designee must conduct a background check, as authorized by statute, on all employees in covered positions; employees in sensitive positions, and applicants under final consideration for a covered position.(2) A …

The DSHS secretary or designee will:(1) Develop policies and guidelines pertaining to background checks. The department's background check policies and guidelines must minimally address the following:(a) Process for identifying department-covered positions;(b) Notification to emp…

(1) The background check information considered by the DSHS secretary or designee will include but is not limited to conviction records, pending charges, and civil adjudications as defined in RCW 43.43.830.(2) The background information must be used by DSHS to determine the chara…

(1) An employee and/or applicant applying for or being considered for retention in a department-covered position must authorize the secretary of DSHS or designee to conduct a background check which may include fingerprinting when required by state or federal law or regulations.(2…

The definitions in this section apply throughout this chapter and chapter 388-101D WAC unless the context clearly indicates otherwise.(1) "Abandonment" has the same meaning as defined in RCW 74.34.020.(2) "Abuse" has the same meaning as defined in RCW 74.34.020.(3) "Associated wi…

In order for a person or entity to deliver client instruction and support services under this chapter the person or entity must:(1) Be certified by the department; and(2) Be granted a contract by the department.[Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022, § 388-101-30…

The service provider must comply with:(1) All the requirements of this chapter and chapter 388-101D WAC, except that the licensing requirements for adult family homes and assisted living facilities supersede these chapters if the requirements under respective chapters 388-76 and …

(1) To manage infection control the service provider must:(a) Comply with nationally recognized infection control standards when providing client care and supports;(b) Develop and implement sufficient procedures to identify, prevent, and control infections caused by communicable …

(1) A person or entity must complete an application before the department will consider initial certification; and (2) The service provider must complete an application before the department will consider a request for change of ownership as detailed in WAC 388-101-3060.[Statutor…

(1) To apply for initial certification an applicant must submit to the department:(a) A letter of intent that includes:(i) Contact information;(ii) Geographical area of service; and(iii) Type of service provided, including group home, supported living, community protection, or gr…

(1) To apply for a change of ownership, an applicant must submit an application and the required reports and documents to the department when there is a change of:(a) The business entity ownership; or (b) The form of legal organization.(2) When applying for a change of ownership,…

The current service provider must notify:(1) The department in writing sixty days before a change of ownership; and(2) Clients or their legal representatives in writing thirty days before a change of ownership.[Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022, § 388-101-307…

Under WAC 388-101-3090, the department is required to deny an application for initial certification or change of ownership under certain circumstances. The department may also deny an application if any person named in the application has:(1) Shown a lack of the understanding, ch…

(1) The department must deny an application for initial certification or change of ownership if any person named in the application has:(a) A disqualifying criminal conviction or pending criminal charge under chapter 388-113 WAC.(b) Been convicted of a crime in any federal or sta…

(1) The department may approve the individual or entity for initial certification when the individual or entity complies with the requirements of this chapter. The department may:(a) Grant initial certification for up to one hundred and eighty days of the effective date of the re…

(1) The department may approve the service provider for regular certification when the service provider complies with the requirements of this chapter and the residential services contract. The department may:(a) Grant certification to a service provider for up to two years; and(…

The certified community residential services and supports provider must submit an annual certification fee. If the provider fails to pay the annual certification fee, the department may impose remedies outlined in WAC 388-101-4175.[Statutory Authority: Chapter 71A.12 RCW and RCW …

(1) The department may conduct an on-site certification evaluation of each service provider at any time.(2) During certification evaluations the service provider's administrator or designee must:(a) Cooperate with department representatives during the on-site visit;(b) Provide al…

(1) In response to the COVID-19 pandemic, the department filed an emergency rule suspending the requirement for the department to conduct on-site certification evaluations of each service provider at least once every two years as authorized by RCW 71A.12.080 and required by WAC 3…

The department may conduct unannounced complaint investigations to determine the service provider's compliance with this chapter, the residential services contract, and applicable laws and requirements.[Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022, § 388-101-3140, filed…