title: RCW 74.67.010

text:
(1) The attorney general shall establish and maintain within his or her office the medicaid fraud control unit.
(2) The attorney general shall employ and train personnel to achieve the purposes of this chapter, including attorneys, investigators, auditors, clerical support personnel, and other personnel as the attorney general determines necessary.
(3) The medicaid fraud control unit has the authority and criminal jurisdiction to investigate and prosecute medicaid provider fraud, abuse and neglect matters as enumerated in 42 U.S.C. Sec. 1396b(q)(4) where authority is granted by the federal government, and other federal health care program fraud as set forth in 42 U.S.C. Sec. 1396b(q).
(4) The medicaid fraud control unit shall cooperate with federal and local investigators and prosecutors in coordinating local, state, and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance, goods or services pursuant to medicaid, medicaid managed care, abuse and neglect matters as enumerated in 42 U.S.C. Sec. 1396b(q)(4), or medicare where such authority is obtained from the federal government, and provide those federal officers with any information in its possession regarding such an investigation or prosecution.
(5) The medicaid fraud control unit shall protect the privacy of patients and establish procedures to ensure confidentiality for all records, in accordance with state and federal laws, including but not limited to chapter 70.02 RCW and the federal health insurance portability and accountability act.
(6) The attorney general may appoint medicaid fraud control investigators to detect, investigate, and apprehend when it appears that a violation of criminal law relating to medicaid fraud, medicaid managed care fraud, medicare fraud, or abuse and neglect matters as enumerated in 42 U.S.C. Sec. 1396b(q)(4) has been or is about to be committed and specify the extent and limitations of the investigators' duties and authority in carrying out the limited scope and purposes of this chapter.
(7) The department of social and health services or law enforcement agencies that receive mandatory reports under RCW 74.34.035 may share such reports in a timely manner with the medicaid fraud control unit within the office of the attorney general.
[ 2018 c 238 s 2.]

catchline: Medicaid fraud control unit—Establishment—Authority and criminal jurisdiction—Duties.


doc_type: statute

jurisdiction: wa

title: RCW 74.70.010

text:
The legislature finds that the payments to private emergency ambulance service providers for transports for medicaid recipients have not been increased since 2004, resulting in a loss for carriers who provide this service. This has resulted in the shifting of cost of medicaid transports to other payers.
The purpose of this chapter is to provide for a quality assurance fee for specified providers of emergency ambulance services as referenced in 42 C.F.R. Sec. 433.56, which will be used to add on to base funding from all other sources, thereby supporting additional medicaid payments to nonpublic and nonfederal providers of emergency ambulance services as specified in this chapter.
[ 2020 c 354 s 1.]
Notes:
Contingent expiration date—2020 c 354: See RCW 74.70.100(4)(b).

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Finding—Purpose. (Contingent expiration date.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 74.70.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aggregate fee schedule amount" means the product of the add-on calculated pursuant to RCW 74.70.060(1) multiplied by the number of emergency ambulance transports for the state fiscal year.
(2) "Ambulance transport provider" means an ambulance transport provider that is licensed under RCW 18.73.140 that bills and receives patient care revenue from the provision of ground emergency ambulance transports. "Ambulance transport provider" does not include a provider that is owned or operated by the state, cities, counties, fire protection districts, regional fire protection service authorities, port districts, public hospital districts, community services districts, health care districts, federally recognized Indian tribes, or any unit of government as defined in 42 C.F.R. Sec. 433.50.
(3) "Annual quality assurance fee rate" means the quality assurance fee per emergency ambulance transport during each applicable state fiscal year assessed on each ambulance transport provider, which is calculated as a percentage of annual gross revenue for participating ambulance transport providers.
(4) "Authority" means the Washington state health care authority.
(5) "Available fee amount" means the sum of the following:
(a) The amount deposited in the ambulance transport fund established under RCW 74.70.030 during the applicable state fiscal year, less the amounts described in RCW 74.70.030(3)(a); and
(b) Any federal financial participation obtained as a result of the deposit of the amount described in this subsection, for the applicable state fiscal year.
(6) "Effective state medical assistance percentage" means a ratio of the aggregate expenditures from state-only sources for medicaid divided by the aggregate expenditures from state and federal sources for medicaid for a state fiscal year.
(7) "Emergency ambulance transport" means the act of transporting an individual by use of an ambulance during which a client receives needed emergency medical services en route to an appropriate medical facility. "Emergency ambulance transport" does not include transportation of beneficiaries by passenger cars, taxicabs, litter vans, wheelchair vans, or other forms of public or private conveyances, nor does it include transportation by an air ambulance provider. An "emergency ambulance transport" does not occur when, following evaluation of a patient, a transport is not provided.
(8) "Fee-for-service payment schedule" means the payment rates to ambulance transport providers for emergency ambulance transports by the authority without the inclusion of the add-on described in RCW 74.70.060.
(9) "Gross receipts" means the total amount of payments received as patient care revenue for emergency ambulance transports, determined on a cash basis of accounting. "Gross receipts" includes all payments received as patient care revenue for emergency ambulance transports from medicaid, medicare, commercial insurance, and all other payers as payment for services rendered.
(10) "Medicaid" means the medical assistance program and the state children's health insurance program as established in Titles XIX and XXI of the social security act, respectively, and as administered in the state of Washington by the authority.
(11) "Program" means the ambulance quality assurance fee program established in this chapter.
[ 2026 c 31 s 3; 2020 c 354 s 2.]
Notes:
Contingent expiration date—2020 c 354: See RCW 74.70.100(4)(b).

catchline: Definitions. (Contingent expiration date.)


title: RCW 74.70.030

text:
(1) A dedicated fund is hereby established within the state treasury to be known as the ambulance transport fund. The purpose and use of the fund shall be to receive and disburse funds, together with accrued interest, in accordance with this chapter. Moneys in the fund, including interest earned, shall not be used or disbursed for any purposes other than those specified in this chapter. Any amounts expended from the fund that are later recouped by the authority on audit or otherwise shall be returned to the fund. Moneys in the account may be spent only after appropriation.
(2) The quality assurance fees collected by the authority pursuant to RCW 74.70.050 must be deposited in the ambulance transport fund.
(3) The moneys in the ambulance transport fund, including any interest and dividends earned on money in the fund, shall be available exclusively for the following purposes in the following order of priority:
(a) To provide funding in an amount not to exceed ten percent of the annual quality assurance fee rate collection amount, exclusive of any federal matching funds, for health care coverage for Washingtonians and for the authority's staffing and administrative costs directly attributable to administering this chapter; and
(b) To make increased payments to ambulance transport providers pursuant to RCW 74.70.060.
[ 2020 c 354 s 3.]
Notes:
Contingent expiration date—2020 c 354: See RCW 74.70.100(4)(b).

catchline: Ambulance transport fund—Sources—Use. (Contingent expiration date.)


title: RCW 74.70.040

text:
(1) Each ambulance transport provider must report to the authority the number of emergency ambulance transports by payer type and the annual gross receipts for the state fiscal year ending June 30, 2020, pursuant to form and timing required by the authority. The authority shall establish the timing for such reporting to occur on or after August 15, 2020.
(2) Each ambulance transport provider must report to the authority the number of emergency ambulance transports by payer type for each state fiscal quarter commencing with the state fiscal quarter ending September 30, 2020, pursuant to form and timing required by the authority. The authority shall establish the timing for such reporting to occur on or after the forty-fifth day after the end of each applicable state fiscal quarter.
(3) Each ambulance transport provider must report to the authority the annual gross receipts for each state fiscal year commencing with the state fiscal year ending June 30, 2021, pursuant to form and timing required by the authority. The authority shall establish the timing for such reporting to occur on or after the forty-fifth day after the end of each applicable state fiscal year.
(4) The authority may require a certification by each ambulance transport provider under penalty of perjury of the truth of the reports required under this section. Upon written notice to an ambulance transport provider, the authority may impose a civil penalty of one hundred dollars per day against an ambulance transport provider for every day that an ambulance transport provider fails to make a report required by this section within five days of the date upon which the report was due. Any funds resulting from a penalty imposed pursuant to this subsection shall be deposited in the ambulance transport fund established in RCW 74.70.030.
[ 2020 c 354 s 4.]
Notes:
Contingent expiration date—2020 c 354: See RCW 74.70.100(4)(b).

catchline: Report to authority. (Contingent expiration date.)


title: RCW 74.70.050

text:
(1) Beginning July 1, 2021, and annually thereafter, the authority shall assess each ambulance transport provider a quality assurance fee. Each ambulance transport provider must pay the quality assurance fee on a quarterly basis. The quarterly quality assurance fee payment shall be based on the annual quality assurance fee rate for the applicable state fiscal year multiplied by the number of emergency ambulance transports provided by the ambulance transport provider in the second quarter preceding the state fiscal quarter for which the fee is assessed.
(2)(a) For state fiscal years beginning July 1, 2022, until June 30, 2026, the quality assurance fee rate shall be calculated by a ratio, the numerator of which shall be the product of the projected aggregate fee schedule amount and the state medical assistance percentage, and the denominator of which shall be ninety percent of the projected total annual emergency ambulance transports by all ambulance transport providers.
(b) If, during a state fiscal year until June 30, 2026, the actual or projected available fee amount exceeds or is less than the actual or projected aggregate fee schedule amount by more than one percent, the authority shall adjust the annual quality assurance fee rate so that the available fee amount for the state fiscal year is approximately equal to the aggregate fee schedule amount for the state fiscal year. The available fee amount for a state fiscal year shall be considered to equal the aggregate fee schedule amount for the state fiscal year if the difference between the available fee amount for the state fiscal year and the aggregate fee schedule amount for the state fiscal year constitutes less than one percent of the aggregate fee schedule amount for the state fiscal year.
(c) Beginning July 1, 2026, and continuing each state fiscal year thereafter, the annual quality assurance fee rate shall be the rate in effect as of July 4, 2025.
(d) If, during a state fiscal year after July 1, 2026, the actual or projected available fee amount exceeds or is less than the actual or projected aggregate fee schedule amount by more than one percent, the authority shall adjust the quality assurance add-on rate so that the available fee amount for the state fiscal year is approximately equal to the aggregate fee schedule amount for the state fiscal year. The available fee amount for a state fiscal year shall be considered to equal the aggregate fee schedule amount for the state fiscal year if the difference between the available fee amount for the state fiscal year and the aggregate fee schedule amount for the state fiscal year constitutes less than one percent of the aggregate fee schedule amount for the state fiscal year.
(3) For each state fiscal year for which the quality assurance fee is assessed, the authority shall send each ambulance transport provider an assessment notice no later than thirty days prior to the beginning of the applicable state fiscal quarter. For each state fiscal quarter for which the quality assurance fee is assessed, the authority shall send to each ambulance transport provider an invoice of the quarterly quality assurance fee payment due for the quarter no later than thirty days before the payment is due. For each state fiscal quarter for which the quality assurance fee is assessed, the ambulance transport provider shall remit payment to the authority by the date established by the authority, which shall be no earlier than fifteen days after the beginning of the applicable state fiscal quarter.
(4)(a) Interest shall be assessed on quality assurance fees not paid on the date due at the rate and in the manner provided in RCW 43.20B.695. Interest shall be deposited in the ambulance transport fund established in RCW 74.70.030.
(b) In the event that any fee payment is more than sixty days overdue, the authority may deduct the unpaid fee and interest owed from any medicaid reimbursement payments owed to the ambulance transport provider until the full amount of the fee, interest, and any penalties assessed under this chapter are recovered. Any deduction made pursuant to this subsection shall be made only after the authority gives the ambulance transport provider written notification. Any deduction made pursuant to this subsection may be deducted over a period of time that takes into account the financial condition of the ambulance transport provider.
(c) In the event that any fee payment is more than sixty days overdue, a penalty equal to the interest charge described in (a) of this subsection shall be assessed and due for each month for which the payment is not received after sixty days. Any funds resulting from a penalty imposed pursuant to this subsection shall be deposited into the ambulance transport fund established in RCW 74.70.030.
(d) The authority may waive a portion or all of either the interest or penalties, or both, assessed under this chapter in the event the authority determines, in its sole discretion, that the ambulance transport provider has demonstrated that imposition of the full amount of the quality assurance fee pursuant to the timelines applicable under this chapter has a high likelihood of creating an undue financial hardship for the provider. Waiver of some or all of the interest or penalties pursuant to this subsection shall be conditioned on the ambulance transport provider's agreement to make fee payments on an alternative schedule developed by the authority.
(5) The authority shall accept an ambulance transport provider's payment even if the payment is submitted in a rate year subsequent to the rate year in which the fee was assessed.
(6) In the event of a merger, acquisition, or similar transaction involving an ambulance transport provider that has outstanding quality assurance fee payment obligations pursuant to this chapter, including any interest and penalty amounts owed, the resultant or successor ambulance transport provider shall be responsible for paying to the authority the full amount of outstanding quality assurance fee payments, including any applicable interest and penalties, attributable to the ambulance transport provider for which it was assessed, upon the effective date of such transaction. An entity considering a merger, acquisition, or similar transaction involving an ambulance transport provider may submit a request to the authority to ascertain the outstanding quality assurance fee payment obligations of the ambulance transport provider pursuant to this chapter as of the date of the authority's response to that request.
[ 2026 c 31 s 2; 2020 c 354 s 5.]
Notes:
Contingent expiration date—2020 c 354: See RCW 74.70.100(4)(b).

catchline: Quality assurance fee—Calculation—Assessment—Interest. (Contingent expiration date.)


title: RCW 74.70.060

text:
(1) For each state fiscal year, reimbursement for emergency ambulance transports provided by ambulance transport providers shall be increased by application of an add-on to the associated medicaid fee-for-service payment schedule. The add-on increase to the fee-for-service payment schedule under this section shall be calculated by the authority annually and be adjusted annually to reflect the available fee amount. The authority shall calculate the projections required by this subsection based on the number of emergency ambulance transports and gross revenue data submitted pursuant to RCW 74.70.040. The fee-for-service add-on shall be equal to the quotient of the available fee amount projected by the authority for the previous fiscal year, divided by the total medicaid emergency ambulance transports, projected by the authority for the previous fiscal year. The resulting fee-for-service payment schedule amounts after the application of this section shall be equal to the sum of the medicaid fee-for-service payment schedule amount and the add-on increase.
(2) The increased payments required by this section shall be funded solely from the following:
(a) The quality assurance fee set forth in RCW 74.70.050, along with any interest or other investment income earned on those funds; and
(b) Federal reimbursement and any other related federal funds.
(3) The proceeds of the quality assurance fee set forth in RCW 74.70.050, the matching amount provided by the federal government, and any interest earned on those proceeds shall be used to supplement, and not to supplant, existing funding for emergency ambulance transports provided by ambulance transport providers.
(4) Notwithstanding any provision of this chapter, the authority may seek federal approval to implement any add-on increase to the fee-for-service payment schedule pursuant to this section for any state fiscal year or years, as applicable, on a time-limited basis for a fixed program period, as determined by the authority.
[ 2026 c 31 s 1; 2020 c 354 s 6.]
Notes:
Contingent expiration date—2020 c 354: See RCW 74.70.100(4)(b).

catchline: Add-on increase—Funding. (Contingent expiration date.)


title: RCW 74.70.070

text:
The authority may adopt rules to implement this chapter.
[ 2020 c 354 s 7.]
Notes:
Contingent expiration date—2020 c 354: See RCW 74.70.100(4)(b).

catchline: Rules. (Contingent expiration date.)


title: RCW 74.70.080

text:
(1)(a) The authority shall request any approval from the federal centers for medicare and medicaid services it determines are necessary for the use of fees pursuant to this chapter and for the purpose of receiving associated federal matching funds.
(b) This chapter shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available. The quality assurance fee pursuant to RCW 74.70.050 shall only be assessed and collected for quarters in which the add-on pursuant to RCW 74.70.060 is paid.
(2) The authority may modify or make adjustments to any methodology, fee amount, or other provision specified in this chapter to the minimum extent necessary to meet the requirements of federal law or regulations or to obtain federal approval. If the authority, after consulting with ambulance transport providers, determines that a modification is needed, the authority shall execute a declaration stating that this determination has been made and that the actual or projected available fee amount for a state fiscal year remains approximately equal to the actual or projected aggregate fee schedule amount for each applicable state fiscal year, as defined by *RCW 74.70.050(2)(c). The authority shall retain the declaration and provide a copy, within ten working days of the execution of the declaration, to the appropriate fiscal and policy committees of the legislature.
[ 2020 c 354 s 8.]
Notes:
*Reviser's note: RCW 74.70.050 was amended by 2026 c 31 s 2, changing subsection (2)(c) to subsection (2)(b).
Contingent expiration date—2020 c 354: See RCW 74.70.100(4)(b).

catchline: Federal approval. (Contingent expiration date.)


title: RCW 74.70.090

text:
If there is a delay in the implementation of this chapter for any reason, including a delay in any required approval of the quality assurance fee and reimbursement methodology specified by the federal centers for medicare and medicaid services, the following shall apply:
(1) An ambulance transport provider may be assessed the amount the provider would be required to pay to the authority if the add-on increase to the fee-for-service payment schedule described in *RCW 74.70.050(2)(c) were already approved, but shall not be required to pay the fee until the add-on increase to the fee-for-service payment schedule described in RCW 74.70.060 is approved. The authority shall establish a schedule for payment of retroactive fees pursuant to this subsection in consultation with ambulance transport providers to minimize the disruption to the cash flow of ambulance transport providers.
(2) The authority may retroactively implement the add-on increase to the fee-for-service payment schedule pursuant to RCW 74.70.060 to the extent the authority determines that federal financial participation is available.
[ 2020 c 354 s 9.]
Notes:
*Reviser's note: RCW 74.70.050 was amended by 2026 c 31 s 2, changing subsection (2)(c) to subsection (2)(b).
Contingent expiration date—2020 c 354: See RCW 74.70.100(4)(b).

catchline: Delayed implementation—Retroactive fees. (Contingent expiration date.)


title: RCW 74.70.100

text:
(1) The assessment, collection, and disbursement of funds under this chapter shall be conditional upon:
(a) The federal centers for medicare and medicaid services not determining that the quality assurance fee revenues may not be used for the purposes set forth in this chapter;
(b) The state not reducing its fee-for-service payment schedule for emergency ambulance transports provided by ambulance transport providers;
(c) The state not delegating responsibility to pay for emergency ambulance transports to a managed care organization, prepaid inpatient health plan, or prepaid ambulatory health plan, as those terms are defined in 42 C.F.R. Sec. 438.2;
(d) Federal financial participation being available and not otherwise jeopardized;
(e) The program not prohibiting, diminishing, or harming the ground emergency medical transportation services reimbursement program described in RCW 41.05.730; and
(f) Consistent with RCW 74.70.060(3), the state continuing its maintenance of effort for the level of state funding not derived from the quality assurance fee of emergency ambulance transports reimbursement for the 2021–22 rate year, and for each applicable rate year thereafter, in an amount not less than the amount that the state would have paid for the same number of emergency ambulance transports under the rate methodology that was in effect on July 1, 2019.
(2) This chapter ceases to be operative on the first day of the state fiscal year beginning on or after the date one or more of the following conditions is satisfied:
(a) The federal centers for medicare and medicaid services no longer allows the collection or use of the ambulance transport provider assessment provided in this chapter;
(b) The increase to the medicaid payments described in RCW 74.70.060 no longer remains in effect;
(c) The quality assurance fee assessed and collected pursuant to this chapter is no longer available for the purposes specified in this chapter;
(d) A final judicial determination made by any state or federal court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in any action by any party, or a final determination by the administrator of the federal centers for medicare and medicaid services that is not appealed, that federal financial participation is not available with respect to any payment made under the methodology implemented pursuant to this chapter;
(e) The state reduces its fee-for-service payment schedule for emergency ambulance transports provided by ambulance transport providers;
(f) The state delegates responsibility to pay for emergency ambulance transports to a managed care organization, prepaid inpatient health plan, or prepaid ambulatory health plan, as those terms are defined in 42 C.F.R. Sec. 438.2; and
(g) The program not prohibiting, diminishing, or harming the ground emergency medical transportation services reimbursement program described in RCW 41.05.730.
(3) In the event one or more of the conditions listed in subsection (2) of this section is satisfied, the authority shall notify, in writing and as soon as practicable, the secretary of state, the secretary of the senate, the chief clerk of the house of representatives, the appropriate fiscal and policy committees of the legislature, and the code reviser's office of the condition and the approximate date or dates that it occurred. The authority shall post the notice on the authority's website.
(4)(a) Notwithstanding any other law, in the event this chapter becomes inoperative pursuant to subsection (2) of this section, the authority shall be authorized to conduct all appropriate close-out activities and implement applicable provisions of this chapter for prior state fiscal years during which this chapter was operative including, but not limited to, the collection of outstanding quality assurance fees pursuant to RCW 74.70.050 and payments associated with any add-on increase to the medicaid fee-for-service payment schedule pursuant to RCW 74.70.060. In implementing these close-out activities, the authority shall ensure that the actual or projected available fee amount for each applicable state fiscal year remains approximately equal to the aggregate fee schedule amount for the state fiscal year, as defined by *RCW 74.70.050(2)(c). During this close-out period, the full amount of the quality assurance fee assessed and collected remains available only for the purposes specified in this chapter.
(b) Upon a determination by the authority that all appropriate close-out and implementation activities pursuant to (a) of this subsection have been completed, the authority shall notify, in writing, the secretary of state, the secretary of the senate, the chief clerk of the house of representatives, the appropriate fiscal and policy committees of the legislature, and the code reviser's office of that determination. This chapter shall expire as of the effective date of the notification issued by the authority pursuant to this subsection.
[ 2020 c 354 s 10.]
Notes:
*Reviser's note: RCW 74.70.050 was amended by 2026 c 31 s 2, changing subsection (2)(c) to subsection (2)(b).

catchline: Operation and termination—Contingent expiration date. (Contingent expiration date.)


title: RCW 74.70.900

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 3, 2020].
[ 2020 c 354 s 14.]

catchline: Effective date—2020 c 354.


title: RCW 74.74.010

text:
The purpose of this chapter is to establish the scope of refugee and immigrant assistance administered by the office of refugee and immigrant assistance within the department.
[ 2024 c 153 s 1.]

catchline: Purpose.


title: RCW 74.74.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of social and health services.
(2) "Federal act" means Title IV of the federal immigration and nationality act, 8 U.S.C. Sec. 1521 et seq. as amended, including any federal rules adopted pursuant to the federal act.
(3) "Immigrant" means a person who has arrived in the United States and the state of Washington from another country seeking residence who is not a naturalized citizen.
(4) "Refugee" means a person admitted into the United States under section 207 of the immigration and nationality act and others who are eligible for federal refugee resettlement services under the federal act.
(5) "State plan" means the Washington state plan for refugee resettlement described in RCW 74.74.040.
[ 2024 c 153 s 2.]

catchline: Definitions.


title: RCW 74.74.030

text:
The department shall coordinate statewide efforts to support the economic and social integration and basic needs of immigrants and refugees arriving and resettling in Washington. The department shall coordinate with local, state, and federal government agencies and other stakeholders.
[ 2024 c 153 s 3.]

catchline: Coordination of statewide efforts.


title: RCW 74.74.040

text:
The department is designated as the lead state agency responsible for the development, review, and administration of the Washington state plan for refugee resettlement. The department shall submit the state plan to and seek approval from the federal office of refugee resettlement within the federal department of health and human services according to the federal act.
[ 2024 c 153 s 4.]


title: RCW 74.74.050

text:
(1) The department shall provide refugee cash assistance, refugee medical assistance, and refugee support services in accordance with the federal act and the state plan.
(2) The refugee support services described in this section may include:
(a) Employment services;
(b) English language instruction;
(c) Case management; and
(d) Other services or assistance consistent with the federal act.
[ 2024 c 153 s 5.]

catchline: Assistance and support services.


title: RCW 74.74.060

text:
(1) The department may administer services to immigrants who are ineligible for federal services described in RCW 74.74.050.
(2) The department may contract with external entities, including community-based organizations, to provide the services authorized under this section. In contracting with community-based organizations, the department must engage communities impacted to determine an equitable funding distribution and contracting process.
[ 2024 c 153 s 6.]

catchline: Services for immigrants ineligible for federal services.


title: RCW 74.74.070

text:
The department may adopt rules in order to achieve the purposes of this chapter.
[ 2024 c 153 s 7.]

catchline: Rules.


title: RCW 74.76.010

text:
The definitions in this section apply throughout this chapter and chapter 48.208 RCW unless the context clearly requires otherwise.
(1) "Authority" means the Washington state health care authority.
(2) "Commissioner" means the insurance commissioner or his or her designee.
(3) "Covered lives" means all persons residing in Washington state who are covered:
(a) Under a fully insured individual or group health plan issued or delivered in Washington state; or
(b) By a medicaid managed care organization.
(4) "Health carrier" or "carrier" has the same meaning as defined in RCW 48.43.005.
(5) "Health plan" has the same meaning as defined in RCW 48.43.005 and does not include medicare advantage plans established under medicare part C or outpatient prescription drug plans established under medicare part D.
(6) "Medicaid managed care organization" means a managed health care system under contract with the state of Washington to provide services to medicaid enrollees under RCW 74.09.522.
[ 2025 c 359 s 1.]
Notes:
Effective date—2025 c 359 ss 1-12, 14-16, and 18-20: "Sections 1 through 12, 14 through 16, and 18 through 20 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 19, 2025]." [ 2025 c 359 s 17.]
Contingent expiration date—2026 c 153; 2025 c 359: "(1) This act expires if by January 1, 2032, the federal centers for medicare and medicaid services does not provide final approval of the state plan amendment or waiver requests under section 2 of this act.
(2) The Washington state health care authority must provide written notice of the expiration date in subsection (1) of this section to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the authority." [ 2026 c 153 s 3; 2025 c 359 s 18.]


title: RCW 74.76.020

text:
(1) By September 1, 2030, the authority shall submit any state plan amendments or waiver requests to the centers for medicare and medicaid services that are necessary to implement the medicaid access program established in RCW 74.76.050.
(2) The assessment, collection, and disbursement of funds for this program shall be conditional upon:
(a) Final approval by the centers for medicare and medicaid services of any state plan amendments or waiver requests that are necessary in order to implement the applicable sections of this chapter including, if necessary, waiver of the broad-based or uniformity requirements as specified under section 1903(w)(3)(E) of the federal social security act and 42 C.F.R. Sec. 433.68(e);
(b) To the extent necessary, amendment of contracts between the authority and managed care organizations to implement this chapter; and
(c) Certification by the office of financial management that appropriations have been adopted that fully support the rates established in RCW 74.76.030 for the upcoming fiscal year.
[ 2026 c 153 s 1; 2025 c 359 s 2.]
Notes:
Effective date—2025 c 359 ss 1-12, 14-16, and 18-20: See note following RCW 74.76.010.
Contingent expiration date—2026 c 153; 2025 c 359: See note following RCW 74.76.010.

catchline: Waiver requests—Funds. (Contingent expiration date.)


title: RCW 74.76.030

text:
(1) All health carriers and medicaid managed care organizations shall pay an annual covered lives assessment beginning January 1st of the plan year following the approval in RCW 74.76.020(2)(a) as follows:
(a) For assessments due the first plan year:
(i) The authority shall assess a per member per month assessment of $16 per covered life for medicaid managed care organizations; and
(ii) The commissioner shall assess a per member per month assessment of $0.50 per covered life for health carriers.
(b) On or before May 15th of the first plan year of assessments due and on or before May 15th of each subsequent year, the authority shall determine the covered lives assessment at the rate necessary to fund the adjustment based on the inflation factor using the medicare economic index for professional services rates in RCW 74.76.050.
(c) The ratio of the total assessments collected from managed care organizations and health carriers must be set as 36 to one, respectively. Assessments for each calendar year shall be set utilizing the proportion of fully insured to medicaid managed care covered lives from the previous calendar year.
(2) The assessments as applied in subsection (1) of this section are limited to:
(a) The first 2,300,000 member months of fully insured lives per medicaid managed care organization on a per medicaid managed care organization basis; and
(b) The first 2,300,000 member months of fully insured lives per health carrier. For each health carrier, the assessment shall apply to member months of all group health plan lives first, followed by member months of individual health plans lives.
(3) If an assessment against a health carrier or medicaid managed care organization is prohibited by court order, the assessment for the remaining health carriers and medicaid managed care organizations may be adjusted in a manner consistent with subsection (1) of this section to ensure that the assessment amount calculated in subsection (1)(b) of this section will be collected.
(4) The authority shall annually notify, in writing, each medicaid managed care organization of the estimated total assessment and its payment obligation for the upcoming year. The authority shall determine a payment schedule for receipt of assessments under this section in accordance with the medicaid access program rules as defined by the authority. Payment collections may be made no more frequently than quarterly.
(5) Payments from managed care organizations are due to the authority within 45 days of the payment schedule determined under subsection (4) of this section. The authority shall charge interest as defined by RCW 43.17.240, which begins to accrue on the 46th day, on amounts received after the 45-day period. The authority may allow each managed care organization in arrears to submit a payment plan, subject to approval by the authority and initial payment under an approved payment plan.
(6) The authority may abate or defer, in whole or in part, the assessment of a managed care organization if, in the opinion of the authority, payment of the assessment would endanger the ability of the managed care organization to fulfill its contractual obligations under chapter 74.09 RCW. If an assessment against a managed care organization is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other managed care organizations in a manner consistent with the basis for assessments in subsection (1) of this section. The managed care organization receiving such abatement or deferment remains liable to the program for the deficiency plus interest the rate established in RCW 43.17.240. Upon receipt of payment of any abatement or deferment by a managed care organization, the authority shall adjust future assessments made against other managed care organizations under this subsection to reflect receipt of the payment.
(7) The authority shall deposit annual assessments and interest collected under this section with the state treasurer to the credit of the medicaid access program account created in RCW 74.76.040.
(8) Managed care organizations shall submit any annual statements or other reports deemed necessary by the authority to calculate the assessment under this section in a manner consistent with the schedule and procedures in accordance with the medicaid access program rules as defined by the authority.
[ 2025 c 359 s 3.]
Notes:
Effective date—2025 c 359 ss 1-12, 14-16, and 18-20: See note following RCW 74.76.010.
Contingent expiration date—2026 c 153; 2025 c 359: See note following RCW 74.76.010.

catchline: Covered lives assessment—Notification. (Contingent expiration date.)


title: RCW 74.76.040

text:
(1) The medicaid access program account is created in the state treasury. All receipts from the assessments, interest, and penalties collected by the authority and commissioner under RCW 74.76.030 and 48.208.010 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the administration and implementation of the medicaid access program as established in RCW 74.76.050.
(2) Disbursements from the account may be made only:
(a) To make payments to health care providers and managed care organizations;
(b) To medicaid managed care organizations to fund the nonfederal share of increased capitation payments based on their projected assessment obligation established by the medicaid access program and the medicaid managed care rate setting process;
(c) To refund erroneous or excessive payments made by health carriers and medicaid managed care organizations;
(d) To pay for administrative expenses incurred by the authority in performing the activities authorized by this chapter;
(e) To be used in lieu of state general fund payments for medicaid services in an amount not to exceed $35,000,000 in the first fiscal year following the approval in RCW 74.76.020(2)(a) and assessment by the authority authorized in RCW 74.76.030(1)(a)(i);
(f) To repay the federal government for any excess payments made to health care providers from the account if the assessments or payment increases set forth by the medicaid access program are deemed out of compliance with federal statutes and regulations in a final determination by a court of competent jurisdiction with all appeals exhausted. In such a case, the authority may require health care providers receiving excess payments to refund the payments in question to the account. The state in turn shall return funds to the federal government in the same proportion as the original financing. If a health care provider is unable to refund payments, the state shall develop either a payment plan, deduct moneys from future medicaid payments, or both; and
(g) To pay up to $2,000,000 for administrative and service-related costs to expand medicaid access in schools by maximizing medicaid funding opportunities to support the school-based health services program, school-based health centers, and on-site behavioral health services.
[ 2025 c 359 s 5.]
Notes:
Effective date—2025 c 359 ss 1-12, 14-16, and 18-20: See note following RCW 74.76.010.
Contingent expiration date—2026 c 153; 2025 c 359: See note following RCW 74.76.010.

catchline: Medicaid access program account. (Contingent expiration date.)


title: RCW 74.76.050

text:
(1) The medicaid access program is hereby created.
(2) By January 1st of the second plan year after conditions of RCW 74.76.020 are met, professional services rates for anesthesia, diagnostics, intense outpatient, opioid treatment programs, emergency room, inpatient and outpatient surgery, inpatient visits, low-level behavioral health, maternity services, office and home visits, consults, office administered drugs, vision, and other physician services, for services that are not reimbursed at or above medicare rates as of December 31st of the prior year, must be increased uniformly across professional service categories by a percentage of corresponding medicare rates as of December 31st of the prior year, based on availability of funds in the account created in RCW 74.76.040 for rate increases from collections in the preceding plan year.
(3) By January 1st of the third plan year after the conditions of RCW 74.76.020 are met, and annually thereafter, the rates for all services listed in subsection (2) of this section shall be adjusted using the most recently published medicare economic index available at the time rates are established for the plan year.
(4)(a) Beginning January 1st of the third plan year after the conditions of RCW 74.76.020 are met and by January 1st in each of the two subsequent plan years, the authority shall study the impact of the professional services rate increases described in this section on medicaid access. The authority shall provide information to fiscal and health committees of the legislature whether these rate increases have increased access for medicaid enrollees, using metrics including but not limited to:
(i) Increases in utilization of services from licensed health care providers;
(ii) Number of contracts with identifiable provider types enrolled to provide services to medicaid enrollees;
(iii) Patient access measures in the consumer assessment of healthcare providers and systems health plan surveys of managed care organizations; and
(iv) Other external quality review metrics.
(b) The authority shall provide the information in a fashion that disaggregates managed care organizations and fee-for-service.
[ 2026 c 153 s 2; 2025 c 359 s 6.]
Notes:
Effective date—2025 c 359 ss 1-12, 14-16, and 18-20: See note following RCW 74.76.010.
Contingent expiration date—2026 c 153; 2025 c 359: See note following RCW 74.76.010.

catchline: Medicaid access program—Rates—Study. (Contingent expiration date.)


title: RCW 74.76.060

text:
The authority may adopt rules and undertake actions necessary to carry out RCW 74.76.020, 74.76.030, and 74.76.050 including, but not limited to, rules prescribing the medicaid access program plan of operations, measures to enforce reporting of covered lives, audits of covered lives reporting, and payment of applicable assessments.
[ 2025 c 359 s 8.]
Notes:
Effective date—2025 c 359 ss 1-12, 14-16, and 18-20: See note following RCW 74.76.010.
Contingent expiration date—2026 c 153; 2025 c 359: See note following RCW 74.76.010.

catchline: Medicaid access program—Rules. (Contingent expiration date.)


title: RCW 74.76.070

text:
The medicaid access program, health carriers and medicaid managed care organizations assessed by the program, the authority, and employees of the authority are not civilly or criminally liable and may not have any penalty or cause of action of any nature arise against them for any action or inaction, including any discretionary decision or failure to make a discretionary decision, when the action or inaction is done in good faith and in the performance of the powers and duties assigned to the program. This section does not prohibit legal actions against the program to enforce the program's statutory or contractual duties or obligations.
[ 2025 c 359 s 10.]
Notes:
Effective date—2025 c 359 ss 1-12, 14-16, and 18-20: See note following RCW 74.76.010.
Contingent expiration date—2026 c 153; 2025 c 359: See note following RCW 74.76.010.

catchline: Medicaid access program—Liability. (Contingent expiration date.)


title: RCW 74.76.900

text:
Nothing in chapter 359, Laws of 2025 shall be construed to alter the requirements: (1) Under 42 C.F.R. Sec. 438.4 that the rates paid by the state to managed care organizations be actuarially sound; and (2) that the state develop the rates in compliance with standards under 42 C.F.R. Sec. 438.5.
[ 2025 c 359 s 7.]
Notes:
Effective date—2025 c 359 ss 1-12, 14-16, and 18-20: See note following RCW 74.76.010.
Contingent expiration date—2025 c 359: See note following RCW 74.76.010.

catchline: Construction—2025 c 359. (Contingent expiration date.)


title: RCW 74.98.010

text:
The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
[ 1959 c 26 s 74.98.010.]

catchline: Continuation of existing law.


title: RCW 74.98.020

text:
Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
[ 1959 c 26 s 74.98.020.]

catchline: Title, chapter, section headings not part of law.


title: RCW 74.98.030

text:
If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, the application of the provision to other persons or circumstances is not affected.
[ 1959 c 26 s 74.98.030.]

catchline: Invalidity of part of title not to affect remainder.


title: RCW 74.98.040

text:
It is the purpose and intent of this title to provide for the public welfare by making available, in conjunction with federal matching funds, such public assistance as is necessary to insure to recipients thereof a reasonable subsistence compatible with decency and health.
[ 1959 c 26 s 74.98.040.]

catchline: Purpose—1959 c 26.


title: RCW 74.98.050

text: See 1959 c 26 s 74.98.050.

catchline: Repeals and saving.


title: RCW 74.98.060

text:
This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
[ 1959 c 26 s 74.98.060.]

catchline: Emergency—1959 c 26.


title: RCW 76.04.005

text:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Additional fire hazard" means a condition existing on any land in the state:
(a) Covered wholly or in part by forest debris which is likely to further the spread of fire and thereby endanger life or property; or
(b) When, due to the effects of disturbance agents, broken, down, dead, or dying trees exist on forestland in sufficient quantity to be likely to further the spread of fire within areas covered by a forest health hazard warning or order issued by the commissioner of public lands under RCW 76.06.180. The term "additional fire hazard" does not include green trees or snags left standing in upland or riparian areas under the provisions of RCW 76.04.465 or chapter 76.09 RCW.
(2) "Closed season" means the period between April 15th and October 15th, unless the department designates different dates because of prevailing fire weather conditions.
(3) "Commissioner" means the commissioner of public lands.
(4) "Department" means the department of natural resources, or its authorized representatives, as defined in chapter 43.30 RCW.
(5) "Department protected lands" means all lands subject to the forest protection assessment under RCW 76.04.610 or covered under contract or agreement pursuant to RCW 76.04.135 by the department.
(6) "Disturbance agent" means those forces that damage or kill significant numbers of forest trees, such as insects, diseases, windstorms, ice storms, and fires.
(7) "Emergency fire costs" means those costs incurred or approved by the department for emergency forest fire suppression, including the employment of personnel, rental of equipment, and purchase of supplies over and above costs regularly budgeted and provided for nonemergency fire expenses for the biennium in which the costs occur.
(8) "Exploding target" means a device that is designed or marketed to ignite or explode when struck by firearm ammunition or other projectiles.
(9) "Forest debris" includes forest slash, chips, and any other vegetative residue resulting from activities on forestland.
(10) "Forest fire service" includes all wardens, rangers, and other persons employed especially for preventing or fighting forest fires.
(11) "Forestland" means any unimproved lands which have enough trees, standing or down, or flammable material, to constitute in the judgment of the department, a fire menace to life or property. Sagebrush and grass areas east of the summit of the Cascade mountains may be considered forestlands when such areas are adjacent to or intermingled with areas supporting tree growth. Forestland, for protection purposes, does not include structures.
(12) "Forestland owner," "owner of forestland," "landowner," or "owner" means the owner or the person in possession of any public or private forestland.
(13) "Forest material" means forest slash, chips, timber, standing or down, or other vegetation.
(14) "Incendiary ammunition" means ammunition that is designed to ignite or explode upon impact with or penetration of a target or designed to trace its course in the air with a trail of smoke, chemical incandescence, or fire.
(15) "Landowner operation" means every activity, and supporting activities, of a forestland owner and the landowner's agents, employees, or independent contractors or permittees in the management and use of forestland subject to the forest protection assessment under RCW 76.04.610 for the primary benefit of the owner. The term includes, but is not limited to, the growing and harvesting of forest products, the development of transportation systems, the utilization of minerals or other natural resources, and the clearing of land. The term does not include recreational and/or residential activities not associated with these enumerated activities.
(16) "Local fire suppression assets" means firefighting equipment that is located in close proximity to the wildland fire and that meets department standards and requirements.
(17) "Local wildland fire liaison" means the person appointed by the commissioner to serve as the local wildland fire liaison as provided in RCW 43.30.111.
(18) "Participating landowner" means an owner of forestland whose land is subject to the forest protection assessment under RCW 76.04.610.
(19) "Sky lantern" means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne.
(20) "Slash" means organic forest debris such as tree tops, limbs, brush, and other dead flammable material remaining on forestland as a result of a landowner operation.
(21) "Slash burning" means the planned and controlled burning of forest debris on forestlands by broadcast burning, underburning, pile burning, or other means, for the purposes of silviculture, hazard abatement, or reduction and prevention or elimination of a fire hazard.
(22) "Suppression" means all activities involved in the containment and control of forest fires, including the patrolling thereof until such fires are extinguished or considered by the department to pose no further threat to life or property.
(23) "Unimproved lands" means those lands that will support grass, brush and tree growth, or other flammable material when such lands are not cleared or cultivated and, in the opinion of the department, are a fire menace to life and property.
[ 2015 c 182 s 7. Prior: 2014 c 90 s 1; 2007 c 480 s 12; 1992 c 52 s 24; 1986 c 100 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 76.04.015

text:
(1) The department may, at its discretion, appoint trained personnel possessing the necessary qualifications to carry out the duties and supporting functions of the department and may determine their respective salaries.
(2) The department shall have direct charge of and supervision of all matters pertaining to the forest fire service of the state.
(3) The department shall:
(a) Enforce all laws within this chapter;
(b) Be empowered to take charge of and, consistent with RCW 76.04.021, direct the work of suppressing forest fires;
(c)(i) Investigate the origin and cause of all forest fires to determine whether either a criminal act or negligence by any person, firm, or corporation caused the starting, spreading, or existence of the fire. In conducting investigations, the department shall work cooperatively, to the extent possible, with utilities, property owners, and other interested parties to identify and preserve evidence. Except as provided otherwise in this subsection, the department in conducting investigations is authorized, without court order, to take possession or control of relevant evidence found in plain view and belonging to any person, firm, or corporation. To the extent possible, the department shall notify the person, firm, or corporation of its intent to take possession or control of the evidence. The person, firm, or corporation shall be afforded reasonable opportunity to view the evidence and, before the department takes possession or control of the evidence, also shall be afforded reasonable opportunity to examine, document, and photograph it. If the person, firm, or corporation objects in writing to the department's taking possession or control of the evidence, the department must either return the evidence within seven days after the day on which the department is provided with the written objections or obtain a court order authorizing the continued possession or control.
(ii) Absent a court order authorizing otherwise, the department may not take possession or control of evidence over the objection of the owner of the evidence if the evidence is used by the owner in conducting a business or in providing an electric utility service and the department's taking possession or control of the evidence would substantially and materially interfere with the operation of the business or provision of electric utility service.
(iii) Absent a court order authorizing otherwise, the department may not take possession or control of evidence over the objection of an electric utility when the evidence is not owned by the utility but has caused damage to property owned by the utility. However, this subsection (3)(c)(iii) does not apply if the department has notified the utility of its intent to take possession or control of the evidence and provided the utility with reasonable time to examine, document, and photograph the evidence.
(iv) Only personnel qualified to work on electrical equipment may take possession or control of evidence owned or controlled by an electric utility;
(d) Furnish notices or information to the public calling attention to forest fire dangers and the penalties for violation of this chapter;
(e) Be familiar with all timbered and cut-over areas of the state, areas where forest health treatments were undertaken on state, federal, or private land, public general transportation roads and public and private logging roads, water bodies, and other features on the landscape relevant in planning a fire response and include those features on a geographic information system for use by fire response personnel to assist in response decision making;
(f) Maximize the effective utilization of local fire suppression assets consistent with RCW 76.04.181; and
(g) Regulate and control the official actions of its employees, the wardens, and the rangers.
(4) The department may:
(a) Authorize all needful and proper expenditures for forest protection;
(b) Adopt rules consistent with this section for the prevention, control, and suppression of forest fires as it considers necessary including but not limited to: Fire equipment and materials; use of personnel; and fire prevention standards and operating conditions including a provision for reducing these conditions where justified by local factors such as location and weather;
(c) Remove at will the commission of any ranger or suspend the authority of any warden;
(d) Inquire into:
(i) The extent, kind, value, and condition of all timberlands within the state;
(ii) The extent to which timberlands are being destroyed by fire and the damage thereon;
(e) Provide fire detection, prevention, presuppression, or suppression services on nonforested public lands managed by the department or another state agency, but only to the extent that providing these services does not interfere with or detract from the obligations set forth in subsection (3) of this section. If the department provides fire detection, prevention, presuppression, or suppression services on nonforested public lands managed by another state agency, the department must be fully reimbursed for the work through a cooperative agreement as provided for in RCW 76.04.135(1).
(5) Any rules adopted under this section for the suppression of forest fires must include a mechanism by which a local fire mobilization radio frequency, consistent with RCW 43.43.963, is identified and made available during the initial response to any forest fire that crosses jurisdictional lines so that all responders have access to communications during the response. Different initial response frequencies may be identified and used as appropriate in different geographic response areas. If the fire radio communication needs escalate beyond the capability of the identified local radio frequency, the use of other available designated interoperability radio frequencies may be used.
(6) When the department considers it to be in the best interest of the state, it may cooperate with any agency of another state, the United States or any agency thereof, the Dominion of Canada or any agency or province thereof, and any county, town, corporation, individual, or Indian tribe within the state of Washington in forest firefighting and patrol.
[ 2019 c 305 s 2; 2016 c 109 s 1; 2015 c 182 s 5; 2012 c 38 s 1; 2010 c 38 s 1; 1993 c 196 s 3; 1986 c 100 s 2.]

catchline: Fire protection powers and duties of department—Enforcement—Investigation—Administration.


title: RCW 76.04.016

text:
The department when acting, in good faith, in its statutory capacity as a fire prevention and suppression agency, is carrying out duties owed to the public in general and not to any individual person or class of persons separate and apart from the public. Nothing contained in this title, including but not limited to any provision dealing with payment or collection of forest protection or fire suppression assessments, may be construed to evidence a legislative intent that the duty to prevent and suppress forest fires is owed to any individual person or class of persons separate and apart from the public in general. This section does not alter the department's duties and responsibilities as a landowner.
[ 1993 c 196 s 1.]

catchline: Fire prevention and suppression capacity—Duties owed to public in general—Legislative intent.


title: RCW 76.04.021

text:
(1)(a) The department must make every reasonable effort to accommodate a livestock owner's request to retrieve or care for animals in his or her charge that are at risk due to a wildfire.
(b) The department may only prohibit livestock owners, or the owner's employees or agents, from retrieving or caring for livestock that are lawfully present on the public lands during any fire suppression response if doing so is reasonably necessary to prevent interference with a direct, active fire response.
(2) The department must incorporate the implementation of this section into any prefire season training or coordination conducted in local communities that contain active grazing areas.
(3)(a) The owner of livestock lawfully present on public lands assumes full liability for any damages incurred to himself or herself, and any employees or agents in his or her charge, if public lands are accessed to retrieve or care for livestock during the time of a fire suppression response by the department affecting the public lands in question.
(b) No civil liability may be imposed by any court on the state, the department, or another political subdivision of the state for any direct or indirect adverse impacts, including injury or death, resulting from:
(i) The department's reasonable efforts under this section to accommodate a livestock owner, or the owner's employees or agents, to retrieve or care for animals in his or her charge that are at risk due to a wildfire; or
(ii) A livestock owner, or the owner's employees or agents, accessing public lands to retrieve or care for livestock during the time of a fire suppression response by the department affecting the public lands in question.
[ 2016 c 109 s 2.]

catchline: Department must accommodate livestock owner's request to retrieve or care for animals at risk due to a wildfire—Liability.


title: RCW 76.04.025

text:
The department shall receive and disburse any and all moneys contributed, allotted, or paid by the United States under the authority of any act of Congress for use in cooperation with the state of Washington in protecting and developing forests.
[ 1986 c 100 s 3.]

catchline: Federal funds.


title: RCW 76.04.035

text:
(1) The department may appoint any of its employees as wardens, at the times and localities as it considers the public welfare demands, within any area of the state where there is forestland requiring protection.
(2) The duties of wardens shall be:
(a) To provide forest fire prevention and protection information to the public;
(b) To investigate discovered or reported fires on forestlands and take appropriate action;
(c) To patrol their areas as necessary;
(d) To visit all parts of their area, and frequented places and camps as far as possible, and warn campers or other users and visitors of fire hazards;
(e) To see that all locomotives and all steam, internal combustion, and other spark-emitting equipment are provided with spark arresters and adequate devices for preventing the escape of fire or sparks in accordance with the law;
(f) To see that operations or activities on forestland have all required fire prevention and suppression equipment or devices as required by law;
(g) To extinguish wildfires;
(h) To set back-fires to control fires;
(i) To summons, impress, and employ help in controlling wildfires;
(j) To see that all laws for the protection of forests are enforced;
(k) To investigate, arrest, and initiate prosecution of all offenders of this chapter or other chapters as allowed by law; and
(l) To perform all other duties as prescribed by law and as the department directs.
(3) All wardens and rangers shall render reports to the department on blanks or forms, or in the manner and at the times as may be ordered, giving a summary of how employed, the area visited, expenses incurred, and other information as required by the department.
(4) The department may suspend the authority of any warden who may be incompetent or unwilling to discharge properly the duties of the office.
(5) The department shall determine the placement of the wardens and, upon its request to the county commissioners of any county, the county commissioners shall designate and furnish the wardens with suitably equipped office quarters in the county courthouse.
(6) The authority of the wardens regarding the prevention, suppression, and control of forest fires, summoning, impressing, or employing help, or making arrests for violations of this chapter may extend to any part of the state.
[ 1986 c 100 s 4.]

catchline: Wardens—Appointment—Duties.


title: RCW 76.04.045

text:
(1) All Washington state patrol officers, fish and wildlife officers, deputy state fire marshals, and state park rangers, while in their respective jurisdictions, shall be ex officio rangers.
(2) Employees of the United States forest service, when recommended by their forest supervisor, and citizens of the state advantageously located may, at the discretion of the department, be commissioned as rangers and vested with the certain powers and duties of wardens as specified in this chapter and as directed by the department.
(3) Rangers shall receive no compensation for their services except when employed in cooperation with the state and under the provisions of this chapter and shall not create any indebtedness or incur any liability on behalf of the state: PROVIDED, That rangers actually engaged in extinguishing or preventing the spread of fire on forestland or elsewhere that may endanger forestland shall, when their accounts for such service have been approved by the department, be entitled to receive compensation for such services at a rate to be fixed by the department.
(4) The department may cancel the commission of any ranger or authority granted to any ex officio ranger who may be incompetent or unwilling to discharge properly the duties of the office.
[ 2001 c 253 s 9; 1986 c 100 s 5.]


title: RCW 76.04.055

text:
Any notice required by law to be served by the department, warden, or ranger shall be sufficient if a written or printed copy thereof is delivered, mailed, telegraphed, or electronically transmitted by the department, warden, or ranger to the person to receive the notice or to his or her responsible agent. If the name or address of the person or agent is unknown and cannot be obtained by reasonable diligence, the notice may be served by posting the copy in a conspicuous place upon the premises concerned by the notice.
[ 1986 c 100 s 6.]

catchline: Service of notices.


title: RCW 76.04.065

text:
Department employees appointed as wardens, persons commissioned as rangers, and all police officers may arrest persons violating this chapter, without warrant, as prescribed by law.
[ 1986 c 100 s 7.]

catchline: Arrests without warrants.


title: RCW 76.04.075

text:
Any person who violates any of the orders or rules adopted under this chapter for the protection of forests from fires is guilty of a misdemeanor and subject to the penalties for a misdemeanor under RCW 9A.20.021, unless another penalty is provided.
[ 1986 c 100 s 8.]

catchline: Rules—Penalty.


title: RCW 76.04.085

text:
Unless specified otherwise, violations of the provisions of this chapter shall be a misdemeanor and subject to the penalties for a misdemeanor under RCW 9A.20.021.
[ 1986 c 100 s 9.]

catchline: Penalty for violations.


title: RCW 76.04.095

text:
When any responsible protective agency or agencies composed of timber owners other than the state agrees to undertake systematic forest protection in cooperation with the state and such cooperation appears to the department to be more advantageous to the state than the state-provided forest fire services, the department may designate suitable areas to be official cooperative districts and substitute cooperative services for the state-provided services. The department may cooperate in the compensation for expenses of preventing and controlling fire in cooperative districts to the extent it considers equitable on behalf of the state.
[ 1986 c 100 s 10.]

catchline: Cooperative protection.


title: RCW 76.04.105

text:
The department may enter into contracts and undertakings with private corporations for the protection and development of the forestlands within the state, subject to the provisions of this chapter.
[ 1986 c 100 s 11.]

catchline: Contracts for protection and development.


title: RCW 76.04.115

text:
Before any private corporation may enter into any contract under RCW 76.04.105, there shall be incorporated into the articles of incorporation or charter of such corporation a provision requiring that the corporation, out of its earnings or earned surplus, and in a manner satisfactory to the department, annually set apart funds to discharge any contract entered into between such corporation and the department.
[ 1986 c 100 s 12.]

catchline: Articles of incorporation—Requirements.


title: RCW 76.04.125

text:
Any undertaking for the protection and development of the forestlands of the state under RCW 76.04.105 shall be regulated and controlled by a contract to be entered into between the private corporation and the department. The contract shall outline the lands involved and the conditions and details of the undertaking, including an exact specification of the amount of funds to be made available by the corporation and the time and manner of disbursement. Before entering into any such contract, the department shall be satisfied that the private corporation is financially solvent and will be able to carry out the project outlined in the contract. The department shall have charge of the project for the protection and development of the forestlands described in the contract, and any expense incurred by the department under any such contract shall be payable solely by the corporation from the funds provided by it for these purposes. The state of Washington shall not in any event be responsible to any person, firm, company, or corporation for any indebtedness created by any corporation under a contract pursuant to RCW 76.04.105.
[ 1986 c 100 s 13.]

catchline: Requisites of contract.


title: RCW 76.04.135

text:
(1) For the purpose of promoting and facilitating cooperation among fire protection agencies, including the department, and between the department and other agencies that manage lands owned by the state, and to more adequately protect life, property, and the natural resources of the state, the department may enter into a contract or agreement with a municipality, county, state, or federal agency to provide fire detection, prevention, presuppression, or suppression services on property which they are responsible to protect or manage.
(2) Contracts or agreements under subsection (1) of this section may contain provisions for the exchange of services on a cooperative basis or services in return for cash payment or other compensation.
(3) No charges may be made when the department determines that under a cooperative contract or agreement the assistance received from a municipality, county, or federal agency on state protected lands equals that provided by the state on municipal, county, or federal lands.
(4) The department may transfer ownership of depreciated firefighting vehicles and related equipment upon terms subject to mutual agreement to local fire districts in wildfire prone areas in all areas of the state, as determined by the department, and where the median household income is below the state average. These vehicle and equipment transfers are exempt from the requirements in RCW 43.19.1919(1). The department must notify the chairs and ranking members of the legislative committees with jurisdiction regarding these transfers at least ten days prior to transfer of the equipment.
[ 2017 c 280 s 2; 2012 c 38 s 2; 1986 c 100 s 14.]
Notes:
Effective date—2017 c 280: See note following RCW 43.30.575.

catchline: Cooperative agreements—Public agencies—Transfer of ownership of department-owned firefighting vehicle, procedure.


title: RCW 76.04.155

text:
(1) The department may employ a sufficient number of persons to extinguish or prevent the spreading of any fire that may be in danger of damaging or destroying any timber or other property on department protected lands. The department may provide needed tools and supplies and may provide transportation when necessary for persons so employed.
(2) Every person so employed is entitled to compensation at a rate to be fixed by the department. The department shall, upon request, show the person the number of hours worked by that person and the rate established for payment. After approval of the department, that person is entitled to receive payment from the state.
(3) It is unlawful to fail to render assistance when called upon by the department to aid in guarding or extinguishing any fire.
[ 1986 c 100 s 16.]

catchline: Firefighting—Employment—Assistance.


title: RCW 76.04.165

text:
(1) The legislature finds and declares that forestlands within the state are increasingly being used for residential purposes; that the risk to life and property is increasing from forest fires which may destroy developed property; that, based on the primary missions for the respective fire control agencies established in this chapter, adjustment of the geographic areas of responsibility has not kept pace with the increasing use of forestlands for residential purposes; and that the department should work with the state's other fire control agencies to define geographic areas of responsibility that are more consistent with their respective primary missions.
(2) To accomplish the purposes of subsection (1) of this section, the department shall establish a procedure to clarify its geographic areas of responsibility. The areas of department protection shall be called forest protection zones. The forest protection zones shall include all forestland which the department is obligated to protect but shall not include forestland within rural fire districts or municipal fire districts which affected local fire control agencies agree, by mutual consent with the department, is not appropriate for department protection. Forestland not included within a forest protection zone established by mutual agreement of the department and a rural fire district or a municipal fire district shall not be assessed under RCW 76.04.610 or 76.04.630.
(3) After the department and any affected local fire protection agencies have agreed on the boundary of a forest protection zone, the department shall establish the boundary by rule under chapter 34.05 RCW.
(4) Except by agreement of the affected parties, the establishment of forest protection zones shall not alter any mutual aid agreement.
[ 1995 c 151 s 2; 1988 c 273 s 2.]

catchline: Legislative declaration—Forest protection zones.


title: RCW 76.04.167

text:
(1) The legislature hereby finds and declares that:
(a) Forest wildfires are a threat to public health and safety and can cause catastrophic damage to public and private resources, including clean air, clean water, fish and wildlife habitat, timber resources, forest soils, scenic beauty, recreational opportunities, economic and employment opportunities, structures, and other improvements;
(b) Forestland owners and the public have a shared interest in protecting forests and forest resources by preventing and suppressing forest wildfires;
(c) A recent independent analysis of the state fire program considered it imperative to restore a more equitable split between the general fund and forest protection assessments;
(d) Without a substantial increase in forest protection funds, the state's citizens will be paying much more money for emergency fire suppression; and
(e) It is therefore the intent of the legislature that the costs of fire protection be equitably shared between the forest protection assessment account and state contributions to ensure that there will be sufficient firefighters who are equipped and trained to respond quickly to fires in order to keep fires small and manage those large fires that do occur. In recognition of increases in landowner assessments, the legislature declares its intent that increases in the state's share for forest protection should be provided to stabilize the funding for the forest protection program, and that sufficient state funds should be committed to the forest protection program so that the recommendations contained in the 1997 tridata report can be implemented on an equitable basis.
(2) The legislature hereby finds and declares that it is in the public interest to establish and maintain a complete, cooperative, and coordinated forest fire protection and suppression program for the state; that, second only to saving lives, the primary mission of the department is protecting forest resources and suppressing forest wildfires; that a primary mission of rural fire districts and municipal fire departments is protecting improved property and suppressing structural fires; and that the most effective way to protect structures is for the department to focus its efforts and resources on aggressively suppressing forest wildfires.
(3) The legislature also acknowledges the natural role of fire in forest ecosystems, and finds and declares it in the public interest to use fire under controlled conditions to prevent wildfires by maintaining healthy forests and eliminating sources of fuel.
[ 2001 c 279 s 1; 1995 c 151 s 1.]

catchline: Legislative declaration—Equitable sharing of forest fire protection costs—Coordinated forest fire protection and suppression.


title: RCW 76.04.175

text:
(1) The department shall, by June 1 of each year, establish a list of fire suppression equipment, such as portable showers, kitchens, water tanks, dozers, and hauling equipment, provided by the department so that the cost by unit or category can be determined and can be compared to the expense of utilizing private vendors.
(2) The department shall establish a roster of quotes by vendors who are able to provide equipment to respond to incidents involving wildfires on department-protected lands. The department shall use these quotes from private vendors to make a comparison with the costs established in subsection (1) of this section. The department shall utilize the most effective and efficient resource available for responding to wildfires.
[ 1995 c 113 s 2.]
Notes:
Finding—Intent—1995 c 113: "The legislature finds that it is frequently in the best interest of the state to utilize fire suppression equipment from private vendors whenever possible in responding to incidents involving wildfires on department-protected lands. It is the intent of the legislature to encourage the department of natural resources to utilize kitchen, shower, and other fire suppression equipment from private vendors as allowed in RCW 76.04.015(4)(b), when such utilization will be most effective and efficient." [ 1995 c 113 s 1.]

catchline: Fire suppression equipment—Comparison of costs.


title: RCW 76.04.177

text:
Before constructing or purchasing any equipment listed in RCW 76.04.175(1) for wildfire suppression, the department shall compare the per use cost of the equipment to be purchased or constructed with the per use cost of utilizing private equipment. If utilizing private equipment is more effective and efficient, the department may not construct or purchase the equipment but shall utilize the equipment from the lowest responsive bidder.
[ 1995 c 113 s 3.]
Notes:
Finding—Intent—1995 c 113: See note following RCW 76.04.175.

catchline: Fire suppression equipment—Requirement to utilize private equipment.


title: RCW 76.04.179

text:
(1) The commissioner must appoint and maintain a wildland fire advisory committee to generally advise the commissioner on all matters related to wildland firefighting in the state. This includes, but is not limited to, developing recommendations regarding department capital budget requests related to wildland firefighting and developing strategies to enhance the safe and effective use of private and public wildland firefighting resources.
(2) The commissioner may appoint members to the wildland fire advisory committee as the commissioner determines is the most helpful in the discharge of the commissioner's duties. However, at a minimum, the commissioner must invite the following:
(a) Two county commissioners, one from east of the crest of the Cascade mountains and one from west of the crest of the Cascade mountains;
(b) Two owners of industrial land, one an owner of timberland and one an owner of rangeland;
(c) The state fire marshal or a representative of the state fire marshal's office;
(d) Two individuals with the title of fire chief, one from a community located east of the crest of the Cascade mountains and one from a community located west of the crest of the Cascade mountains;
(e) An individual with the title of fire commissioner whose authority is pursuant to chapter 52.14 RCW;
(f) A representative of a federal wildland firefighting agency;
(g) A representative of a tribal nation;
(h) A representative of a statewide environmental organization;
(i) A representative of a state land trust beneficiary; and
(j) A small forestland owner.
(3) The local wildland fire liaison serves as the administrative chair for the wildland fire advisory committee.
(4) The department must provide staff support for all committee meetings.
(5) The wildland fire advisory committee must meet at the call of the administrative chair for any purpose that directly relates to the duties set forth in subsection (1) of this section or as is otherwise requested by the commissioner or the administrative chair.
(6) Each member of the wildland fire advisory committee serves without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.
(7) The members of the wildland fire advisory committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties.
(8) All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.
[ 2015 c 182 s 3.]

catchline: Wildland fire advisory committee.


title: RCW 76.04.181

text:
(1) To maximize the effective utilization of local fire suppression assets, the department is required to:
(a) Actively engage in ongoing prefire season outreach and recruitment of qualified wildland fire suppression contractors and equipment owners who have valid incident qualifications for the type of contracted work to be performed and compile and annually update a master list of the qualified contractors. In order to be included on a master list of qualified wildland fire suppression contractors:
(i) Contractors providing fire engines, tenders, crews, or similar resources must have training and qualifications sufficient for federal wildland fire contractor eligibility, including possessing a valid incident qualification card, commonly called a red card; and
(ii) Contractors other than those identified in (a)(i) of this subsection must have training and qualifications evidenced by possession of a valid department qualification and safety document, commonly called a blue card, issued to people cooperating with the department pursuant to an agreement;
(b) Provide timely advance notification of the dates and locations of department blue card training to all potential wildland fire suppression contractors known to the department and make the training available in several locations that are reasonably convenient for contractors;
(c) Organize the lists of qualified wildland fire suppression contractors to identify the counties where the contractors are located and make the lists, and the availability status of the contractors on the list, available to emergency dispatchers, county legislative authorities, emergency management departments, and local fire districts;
(d) Cooperate with federal wildland firefighting agencies to prioritize, based on predicted need, the efficient use of local resources in close proximity to wildland fire incidents, including local private wildland suppression contractors;
(e) Enter into preemptive agreements with landowners and other contractors in possession of firefighting capability that may be utilized in wildland fire suppression efforts, including the use of bulldozers, fallers, fuel tenders, potable water tenders, water sprayers, wash trailers, refrigeration units, and buses; and
(f) Conduct outreach to provide basic incident command system and wildland fire safety training to landowners in possession of firefighting capability to help ensure that any wildland fire suppression actions taken by private landowners on their own land are accomplished safely and in coordination with any related incident command structure.
(2) The local wildland fire liaison may play an active role in the outreach and recruitment of wildland fire suppression contractors under subsection (1) of this section. This effort may include, but is not limited to, reaching out to local fire districts and collecting their knowledge to identify potential fire suppression contractors.
(3) Nothing in subsection (1) of this section prohibits the department from:
(a) Engaging, as needed, local private wildland fire suppression contractors not included on the master list or subject to a preemptive agreement; or
(b) Conducting safety training on the site of a wildland fire in order to utilize available contractors not included on a master list of qualified wildland fire suppression contractors.
(4) When entering into preemptive agreements with landowners and other contractors under this section, the department must:
(a) Ensure that all equipment and personnel satisfy department standards, including any applicable safety training certifications required by the department of labor and industries;
(b) Ensure that all contractors are, when engaged in fire suppression activities, under the supervision of recognized wildland fire personnel;
(c) Verify that the agreements have been finalized with an agreed upon standard operating rate identified before being included on the master list of qualified contractors; and
(d) Inspect, or verify the inspection of, any equipment included in the agreement to ensure that all safety and dependability standards are satisfied.
(5) The department may authorize operational field personnel to carry additional personal protection [protective] equipment in order to loan the equipment to private fire suppression contractors as needed.
(6) No civil liability may be imposed by any court on the state or its officers and employees for any adverse impacts resulting from training or personal protection [protective] equipment provided by the department or preemptive agreements entered into by the department under the provisions of this section except upon proof of gross negligence or willful or wanton misconduct.
(5) [(7)] All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.
[ 2017 c 104 s 1; 2015 c 182 s 6.]
Notes:
Effective date—2017 c 104: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2017." [ 2017 c 104 s 4.]

catchline: Maximizing the utilization of local fire suppression assets—Department's duty.


title: RCW 76.04.183

text:
(1) Subject to availability of amounts appropriated for this specific purpose, the department must create a prescribed burn manager certification program for those who practice prescribed burning in the state. The certification program must include training on all relevant aspects of prescribed fire in Washington including, but not limited to, the following: Legal requirements; safety; weather; fire behavior; smoke management; prescribed fire techniques; public relations; planning; and contingencies.
(2) The department may not require certification under the program created under subsection (1) of this section for burn permit approval under this chapter. Nothing in this section may be construed as creating a mandatory prescribed burn manager certification requirement to conduct prescribed burning in Washington.
(3) No civil or criminal liability may be imposed by any court, the state, or its officers and employees, on a prescribed burn manager certified under the program created under subsection (1) of this section, for any direct or proximate adverse impacts resulting from a prescribed fire conducted under the provisions of this chapter except upon proof of gross negligence or willful or wanton misconduct.
(4) The department may adopt rules to create the prescribed burn manager certification program and to set periodic renewal criteria. The rules should be developed in consultation with prescribed burn programs in other states. The department may also adopt rules to establish a decertification process for certified prescribed burn managers who commit a violation under this chapter or rules adopted under this chapter. The department may, in its own discretion, develop an equivalency test for experienced prescribed burn managers.
(5) Certified prescribed burn managers may be issued burn permits with modified requirements in recognition of their training and skills. In such cases, normal smoke management and fire risk parameters apply.
[ 2018 c 172 s 1.]

catchline: Prescribed burn manager certification program—Rule-making authority.


title: RCW 76.04.185

text:
(1) The department, in consultation with the energy resilience and emergency management office of the department of commerce, shall contract with an independent consultant with experience in developing electric utility wildfire mitigation plans to develop an electric utility wildfire mitigation plan format and a list of elements to be included in electric utility wildfire mitigation plans. When developing the plan format and list of elements, the department shall seek input from the utilities and transportation commission, the utility wildland fire prevention advisory committee, electric utilities, the state fire marshal, the governor's office of Indian affairs, and the public. By April 1, 2024, the department shall make public a recommended format and list of elements for electric utility wildfire mitigation plans. The department may update these guidelines annually if needed, but not more than once in each year.
(2) The recommended elements must acknowledge that utilities serve areas that vary in topography, vegetation, population, and other characteristics, and that best practices guidelines within each element must recognize that a utility's wildfire mitigation measures will be designed to fit site-specific circumstances. The recommended elements must include, but are not limited to:
(a) Vegetation management along transmission and distribution lines and near associated equipment;
(b) Infrastructure inspection and maintenance repair activities, schedules, and recordkeeping;
(c) Modifications or upgrades to facilities and construction of new facilities to incorporate cost-effective measures to minimize fire risk;
(d) Preventative programs, including adoption of new technologies to harden utility infrastructure;
(e) Operational procedures;
(f) Identification of appropriate widths for vegetation management and rights-of-way, including the consideration of fire-resistant vegetation alternatives; and
(g) Public and interested parties' engagement and communication plans addressing wildfire safety and risk mitigation.
(3) The recommended format and list of elements identified by the department must be forwarded to the utilities and transportation commission, the energy resilience and emergency management office of the department of commerce, and all electric utilities in Washington state for a review period of no less than three months prior to finalizing the format and list of elements that utilities will use to adopt or update their electric utility wildfire mitigation plan.
(4) The department will provide technical assistance to all electric utilities to support inclusion of these guidelines in the revision of their plans.
(5) By December 31, 2024, the department must submit to the appropriate committees of the senate and house of representatives a compilation and summary of existing wildfire mitigation plans maintained by electric utilities.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Consumer-owned utility" means a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, or a mutual corporation or association formed under chapter 24.06 RCW, that is engaged in the business of distributing electricity to more than one retail electric customer in the state.
(b) "Electric utility" means a consumer-owned utility or an investor-owned utility as defined in this section.
(c) "Investor-owned utility" means a corporation owned by investors that meets the definition of "corporation" as defined in RCW 80.04.010 and is engaged in distributing electricity to more than one retail electric customer in the state.
[ 2023 c 132 s 2.]
Notes:
Findings—Intent—2023 c 132: "(1) It is in the best interest of the state, our citizens, and our natural resources to identify the sources of wildland fires; identify and implement best practices to reduce the prevalence and intensity of those wildland fires; put those practices in place; and by putting those practices in place, reduce the risk of wildland fires and damage and losses resulting from those fires.
(2) The legislature finds that electric utilities are partners with relevant state agencies, emergency responders, and public and private entities in identifying best practices to reduce the risk of and prevent wildland fires. Many electric utilities have developed and are implementing wildfire mitigation plans. The legislature further finds that electric utilities should adopt and implement wildfire mitigation plans, and that electric utilities should be informed by recognized best practices, as applicable to their geography, terrain, vegetation, and other characteristics specific in their service area, for reducing wildland fire risk and reducing damage from wildland fires as may be ignited by electric utility equipment.
(3) Therefore, the legislature intends to authorize the identification of best practices guidelines and to require that electric utilities provide their wildfire mitigation plans to the state in order to promote public transparency." [ 2023 c 132 s 1.]

catchline: Electric utility wildfire mitigation plan.