AGING AND DISABILITY SERVICES ADMINISTRATION
2005 BH "Dear Provider" Letters
August 8, 2005
ADSA: BH #2005-011
DISCLOSURE OF EMPLOYEE INFORMATION
Dear Boarding Home Provider:
On February 12, 2002 Residential Care Services (RCS) issued a provider letter describing the addition of a new section to the Revised Code of Washington (RCW) 74.39A.210 regarding the disclosure of employee information. This information applied to long-term care settings including institutions for developmental disabilities and in-home service agencies. We have received requests to reissue the letter as a reminder.
This letter will supersede BH #2002-005.
RCW 74.39A.210 gives boarding home employers immunity from liability when disclosing, in good faith, a former or current employee’s information to another prospective long-term care employer. The disclosed information was required to be related to job performance, reliability, and/or any illegal or wrongful act committed while caring for a vulnerable adult.
This legislative session a related bill, HB 1625, passed. The language is similar to 74.39A.210 but expands the scope to broadly include all employers and prospective employers. In addition it includes a provision that the disclosing employer should keep a written record of the identity of persons or entities to which the disclosure is made for a period of two years. If a written record is made, the record must be included in the employee’s personnel file, and the employee has a right to inspect the record.
Copies of RCW 74.39A.210 and HB 1625 are enclosed for your reference. I hope this information is useful for you. If you have any questions about disclosing employee information, please check with your attorney.
Sincerely,
Joyce Pashley Stockwell, Director
Residential Care Services
