WAC 388-825-375   When will the department deny payment for services of an individual or home care agency providing respite care, attendant care, or personal care services?  (1) The department will deny payment for the services of an individual or home care agency providing respite care, attendant care, or personal care who:

     (a) Is the client's spouse, per 42 C.F.R. 441.360(g), except in the case of an individual provider for a chore services client. Note: For chore spousal providers, the department pays a rate not to exceed the amount of a one-person standard for a continuing general assistance grant, per WAC 388-478-0030;

     (b) Is providing services under this chapter to their natural/step/adoptive minor client aged seventeen or younger;

     (c) Has been convicted of a disqualifying crime, under RCW 43.43.830 and 43.43.842 or of a crime relating to drugs as defined in RCW 43.43.830;

     (d) Has abused, neglected, abandoned, or exploited a minor or vulnerable adult, as defined in chapter 74.34 RCW;

     (e) Has had a license, certification, or a contract for the care of children or vulnerable adults denied, suspended, revoked, or terminated for noncompliance with state and/or federal regulations;

     (f) Does not successfully complete the training requirements within the time limits required in WAC 388-71-05665 through 388-71-05909; or

     (g) Is terminated by the client (in the case of an individual provider) or by the home care agency (in the case of an agency provider).

     (2) In addition, the department may deny payment to or terminate the contract of an individual provider as provided under WAC 388-825-380, 388-825-381, 388-825-385 and 388-825-390.



[Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title 71A RCW. 07-23-062, § 388-825-375, filed 11/16/07, effective 12/17/07. Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-375, filed 8/19/05, effective 9/19/05.]