title: RCW 74.39A.056

text:
(1)(a) All long-term care workers shall be screened through state and federal background checks in a uniform and timely manner to verify that they do not have a history that would disqualify them from working with vulnerable persons. The department must process background checks for long-term care workers and, based on this screening, inform employers, prospective employers, and others as authorized by law, whether screened applicants are ineligible for employment.
(b)(i) For long-term care workers hired on or after January 7, 2012, the background checks required under this section shall include checking against the federal bureau of investigation fingerprint identification records system or its successor program. The department shall require these long-term care workers to submit fingerprints for the purpose of investigating conviction records through both the Washington state patrol and the federal bureau of investigation. The department shall not pass on the cost of these criminal background checks to the workers or their employers.
(ii) A long-term care worker who is not disqualified by the state background check can work and have unsupervised access pending the results of the federal bureau of investigation fingerprint background check as allowed by rules adopted by the department.
(c)(i) Individual providers and home care agency providers must complete a fingerprint-based background check required in this section, RCW 43.20A.710, and 43.43.837 only:
(A) At the point of initial hire;
(B) As required by federal law;
(C) Before an individual provider starts providing new services for a new managing employer when the last fingerprint on the authorized entity's file for the individual provider is five years old or more and the new managing employer requests a fingerprint-based background check; and
(D) If there is a reasonable, good faith belief the employer or authorized entity needs to conduct a fingerprint-based background check, due to potential new findings in a fingerprint-based background check, as documented in writing by the employer.
(ii) Individual providers and home care agency providers may not be required to complete a fingerprint-based background check at the point of initial hire as required in this subsection if the individual provider or home care agency provider has been previously employed by the same employer and has not lived outside of Washington after the last fingerprint-based background check.
(2) A provider may not be employed in the care of and have unsupervised access to vulnerable adults if:
(a) The provider is on the vulnerable adult abuse registry or on any other registry based upon a finding of abuse, abandonment, neglect, or financial exploitation of a vulnerable adult;
(b) On or after October 1, 1998, the department of children, youth, and families, or its predecessor agency, has made a founded finding of abuse or neglect of a child against the provider. If the provider has received a certificate of parental improvement under chapter 74.13 RCW pertaining to the finding, the provider is not disqualified under this section;
(c) A disciplining authority, including the department of health, has made a finding of abuse, abandonment, neglect, or financial exploitation of a minor or a vulnerable adult against the provider; or
(d) A court has issued an order that includes a finding of fact or conclusion of law that the provider has committed abuse, abandonment, neglect, or financial exploitation of a minor or vulnerable adult. If the provider has received a certificate of parental improvement under chapter 74.13 RCW pertaining to the finding of fact or conclusion of law, the provider is not disqualified under this section.
(3)(a) A client who has elected to receive services from an individual provider must be notified of the results of a background check and of the client's right to request a copy of the background check's results under (b) of this subsection.
(b) When a background check produces a review required result, as defined in RCW 43.20A.715, the authorized entity must provide the client who is the managing employer of the individual provider with a copy of the background check results and the Washington state record of arrests and prosecutions, if requested by the client. The individual provider may choose to provide a copy of the federal bureau of investigation record of arrests and prosecutions to the client.
(4) The department shall establish, by rule, a state registry which contains identifying information about long-term care workers identified under this chapter who have final substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in RCW 74.34.020. The rule must include disclosure, disposition of findings, notification, findings of fact, appeal rights, and fair hearing requirements. The department shall disclose, upon request, final substantiated findings of abuse, neglect, financial exploitation, or abandonment to any person so requesting this information. This information must also be shared with the department of health to advance the purposes of chapter 18.88B RCW.
(5) For the purposes of this section:
(a) "Authorized entity" means a service provider, licensee, contractor, or other public or private agency that:
(i) Is required to conduct background checks; and
(ii) Is authorized to conduct background checks through the department's background check central unit.
(b) "Fingerprint-based background check" means a search of in-state criminal history records through the Washington state patrol and national criminal history records through the federal bureau of investigation.
(c) "Home care agency provider" means a long-term care worker paid by a home care agency, as described in RCW 43.20A.710(1)(b).
(d) "Managing employer" has the same meaning as in RCW 74.39A.009.
(e) "Provider" means:
(i) An individual provider;
(ii) An employee, licensee, or contractor of any of the following: A home care agency licensed under chapter 70.127 RCW; a nursing home under chapter 18.51 RCW; an assisted living facility under chapter 18.20 RCW; an enhanced services facility under chapter 70.97 RCW; a certified resident services and supports agency licensed or certified under chapter 71A.12 RCW; an adult family home under chapter 70.128 RCW; or any long-term care facility certified to provide medicaid or medicare services;
(iii) Any contractor of the department who may have unsupervised access to vulnerable adults; and
(iv) The caregivers of a medical foster home, as under 38 C.F.R. 17.73.
(f) "Review required result" means the result of a name and date of birth background check or fingerprint-based background check for an individual provider or a home care agency provider that requires the employer or an authorized entity to determine if a character, competence, and suitability review is necessary, and related implementing rules adopted by the department.
(6) The department shall adopt rules to implement this section.
[ 2025 c 214 s 2; 2025 c 108 s 4; 2023 c 223 s 4; 2021 c 203 s 3; 2020 c 270 s 8; 2018 c 278 s 8; 2012 c 164 s 503; 2012 c 1 s 101 (Initiative Measure No. 1163, approved November 8, 2011).]
Notes:
Reviser's note: This section was amended by 2025 c 108 s 4 and by 2025 c 214 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Retroactive application—2021 c 203: See notes following RCW 43.43.832.
Effective date—2020 c 270: See note following RCW 74.13.720.
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Intent—Findings—2012 c 1 (Initiative Measure No. 1163): "It is the intent of the people through this initiative to protect vulnerable elderly and people with disabilities by reinstating the requirement that all long-term care workers obtain criminal background checks and adequate training. The people of the state of Washington find as follows:
(1) The state legislature proposes to eliminate the requirement that long-term care workers obtain criminal background checks and adequate training, which would jeopardize the safety and quality care of vulnerable elderly and persons with disabilities. Should the legislature take this action, this initiative will reinstate these critical protections for vulnerable elderly and persons with disabilities; and
(2) Taxpayers' investment will be protected by requiring regular program audits, including fraud investigations, and capping administrative expenses." [ 2012 c 1 s 1 (Initiative Measure No. 1163, approved November 8, 2011).]
Audits—2022 c 148; 2012 c 164; 2012 c 1 (Initiative Measure No. 1163): "The state auditor shall conduct audits of the long-term in-home care program after consultation with affected disability and aging stakeholder groups. The first audit must be completed within twelve months after January 7, 2012, and must be completed on a biennial basis thereafter. As part of this auditing process, the state shall hire five additional fraud investigators to ensure that clients receiving services at taxpayers' expense are medically and financially qualified to receive the services and are actually receiving the services. An audit conducted by the state auditor under the authority of RCW 43.09.020 and 43.09.050(2) may satisfy this requirement, provided that a performance audit of the program was completed in the preceding biennium." [ 2022 c 148 s 7; 2012 c 164 s 709; 2012 c 1 s 201 (Initiative Measure No. 1163, approved November 8, 2011).]
Spending limits—2012 c 1 (Initiative Measure No. 1163): "The people hereby establish limits on the percentage of tax revenues that can be used for administrative expenses in the long-term in-home care program. Within one hundred eighty days of January 7, 2012, the state shall prepare a plan to cap administrative expenses so that at least ninety percent of taxpayer spending must be devoted to direct care. This limitation must be achieved within two years from January 7, 2012." [ 2012 c 1 s 202 (Initiative Measure No. 1163, approved November 8, 2011).]
Contingent effective dates—2012 c 1 (Initiative Measure No. 1163): "(1) Sections 101 and 115(6) of this act only take effect if RCW 74.39A.055 is amended or repealed by the legislature in 2011.
(2) Sections 102 and 115(10) of this act only take effect if RCW 74.39A.260 is amended or repealed by the legislature in 2011.
(3) Sections 103 and 115(1) of this act only take effect if RCW 18.88B.020 is amended or repealed by the legislature in 2011.
(4) Sections 104 and 115(2) of this act only take effect if RCW 18.88B.030 is amended or repealed by the legislature in 2011.
(5) Sections 105 and 115(3) of this act only take effect if RCW 18.88B.040 is amended or repealed by the legislature in 2011.
(6) Sections 106 and 115(5) of this act only take effect if RCW 74.39A.050 is amended or repealed by the legislature in 2011.
(7) Sections 107 and 115(7) of this act only take effect if RCW 74.39A.073 is amended or repealed by the legislature in 2011.
(8) Sections 108 and 115(8) of this act only take effect if RCW 74.39A.075 is amended or repealed by the legislature in 2011.
(9) Sections 109 and 115(9) of this act only take effect if RCW 74.39A.085 is amended or repealed by the legislature in 2011.
(10) Sections 110 and 115(11) of this act only take effect if RCW 74.39A.310 is amended or repealed by the legislature in 2011.
(11) Sections 111 and 115(12) of this act only take effect if RCW 74.39A.330 is amended or repealed by the legislature in 2011.
(12) Sections 112 and 115(13) of this act only take effect if RCW 74.39A.340 is amended or repealed by the legislature in 2011.
(13) Sections 113 and 115(14) of this act only take effect if RCW 74.39A.350 is amended or repealed by the legislature in 2011.
(14) Sections 114 and 115(4) of this act only take effect if RCW 74.39A.009 is amended or repealed by the legislature in 2011.
(15) Section 303 of this act takes effect only if one or more other sections of this act take effect pursuant to paragraphs (1) through (14) of this section." [ 2012 c 1 s 301 (Initiative Measure No. 1163, approved November 8, 2011).]
Application—2012 c 1 (Initiative Measure No. 1163): "Notwithstanding any action of the legislature during 2011, all long-term care workers as defined under RCW 74.39A.009(16), as it existed on April 1, 2011, are covered by sections 101 through 113 of this act or by the corresponding original versions of the statutes, as referenced in section 302 (1) through (13) on the schedules set forth in those sections, as amended by chapter 164, Laws of 2012, except that long-term care workers employed by community residential service businesses are exempt to the extent provided in RCW 18.88B.041, 74.39A.056, 74.39A.074, 74.39A.331, 74.39A.341, and 74.39A.351." [ 2012 c 164 s 710; 2012 c 1 s 303 (Initiative Measure No. 1163, approved November 8, 2011).]
Construction—2012 c 1 (Initiative Measure No. 1163): "The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act." [ 2012 c 1 s 305 (Initiative Measure No. 1163, approved November 8, 2011).]
Effective date—2012 c 1 (Initiative Measure No. 1163): "This act takes effect sixty days from its *enactment by the people [January 7, 2012]." [ 2012 c 1 s 307 (Initiative Measure No. 1163, approved November 8, 2011).]
*Reviser's note: Initiative Measure No. 1163 was approved by a vote of the people November 8, 2011. The secretary of state has determined that the effective date of Initiative Measure No. 1163 is January 7, 2012.
Short title—2012 c 1 (Initiative Measure No. 1163): "This act may be known and cited as the restoring quality home care initiative." [ 2012 c 1 s 308 (Initiative Measure No. 1163, approved November 8, 2011).]

catchline: Background checks on long-term care workers.


doc_type: statute

jurisdiction: wa

title: RCW 74.39A.060

text:
(1) The aging and long-term support administration of the department shall establish and maintain a toll-free telephone number for receiving complaints regarding facilities and community residential services businesses as defined in this chapter.
(2) Each facility shall post in a place and manner clearly visible to residents and visitors the department's toll-free complaint telephone number and the toll-free number and program description of the long-term care ombuds as required by RCW 43.190.050.
(3) The aging and long-term support administration shall investigate complaints it receives about facilities and community residential services businesses unless the department determines that: (a) The complaint is intended to willfully harass the provider or the provider's employee; or (b) there is no reasonable basis for investigation; or (c) corrective action has been taken as determined by the ombuds or the department.
(4) The aging and long-term support administration shall refer complaints to appropriate state agencies, law enforcement agencies, the attorney general, the long-term care ombuds, or other entities if the department lacks authority to investigate or if its investigation reveals that a follow-up referral to one or more of these entities is appropriate.
(5) The department shall adopt rules that include the following complaint investigation protocols:
(a) Upon receipt of a complaint, the department shall make a preliminary review of the complaint, assess the severity of the complaint, and assign an appropriate response time. Complaints involving imminent danger to the health, safety, or well-being of a resident must be responded to within two days. When appropriate, the department shall make an on-site investigation within a reasonable time after receipt of the complaint or otherwise ensure that complaints are responded to.
(b) The complainant must be: Promptly contacted by the department, unless anonymous or unavailable despite several attempts by the department, and informed of the right to discuss the alleged violations with the inspector and to provide other information the complainant believes will assist the inspector; informed of the department's course of action; and informed of the right to receive a written copy of the investigation report.
(c) In conducting the investigation, the department shall interview the complainant, unless anonymous, and shall use its best efforts to interview the vulnerable adult or adults allegedly harmed, and, consistent with the protection of the vulnerable adult shall interview facility staff, any available independent sources of relevant information, including if appropriate the family members of the vulnerable adult.
(d) Substantiated complaints involving harm to a resident, if an applicable law or rule has been violated, shall be subject to one or more of the actions provided in RCW 74.39A.080 or 70.128.160. Whenever appropriate, the department shall also give consultation and technical assistance to the provider.
(e) After a department finding of a violation for which a stop placement has been imposed, the department shall make an on-site revisit of the provider within fifteen working days from the request for revisit, to ensure correction of the violation. For violations that are serious or recurring or uncorrected following a previous citation, and create actual or threatened harm to one or more residents' well-being, including violations of residents' rights, the department shall make an on-site revisit as soon as appropriate to ensure correction of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by written or photographic documentation found by the department to be credible. This subsection does not prevent the department from enforcing license or contract suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department's authority and duty to ensure that the provider adequately cares for residents, including to make departmental on-site revisits as needed to ensure that the provider protects residents and to enforce compliance with this chapter.
(f) Substantiated complaints of neglect, abuse, exploitation, or abandonment of residents, or suspected criminal violations, shall also be referred by the department to the appropriate law enforcement agencies, the attorney general, and appropriate professional disciplining authority.
(6) The department may provide the substance of the complaint to the licensee or contractor before the completion of the investigation by the department unless such disclosure would reveal the identity of a complainant, witness, or resident who chooses to remain anonymous. Neither the substance of the complaint provided to the licensee or contractor nor any copy of the complaint or related report published, released, or made otherwise available shall disclose, or reasonably lead to the disclosure of, the name, title, or identity of any complainant, or other person mentioned in the complaint, except that the name of the provider and the name or names of any officer, employee, or agent of the department conducting the investigation shall be disclosed after the investigation has been closed and the complaint has been substantiated. The department may disclose the identity of the complainant if such disclosure is requested in writing by the complainant. Nothing in this subsection shall be construed to interfere with the obligation of the long-term care ombuds program or department staff to monitor the department's licensing, contract, and complaint investigation files for long-term care facilities.
(7) The resident has the right to be free of interference, coercion, discrimination, and reprisal from a facility in exercising his or her rights, including the right to voice grievances about treatment furnished or not furnished. A facility that provides long-term care services shall not discriminate or retaliate in any manner against a resident, employee, or any other person on the basis or for the reason that such resident or any other person made a complaint to the department, the attorney general, law enforcement agencies, or the long-term care ombuds, provided information, or otherwise cooperated with the investigation of such a complaint. Any attempt to discharge a resident against the resident's wishes, or any type of retaliatory treatment of a resident by whom or upon whose behalf a complaint substantiated by the department has been made to the department, the attorney general, law enforcement agencies, or the long-term care ombuds, within one year of the filing of the complaint, raises a rebuttable presumption that such action was in retaliation for the filing of the complaint. "Retaliatory treatment" means, but is not limited to, monitoring a resident's phone, mail, or visits; involuntary seclusion or isolation; transferring a resident to a different room unless requested or based upon legitimate management reasons; withholding or threatening to withhold food or treatment unless authorized by a terminally ill resident or his or her representative pursuant to law; or persistently delaying responses to a resident's request for service or assistance. A facility that provides long-term care services shall not willfully interfere with the performance of official duties by a long-term care ombuds. The department shall sanction and may impose a civil penalty of not more than three thousand dollars for a violation of this subsection.
[ 2018 c 278 s 9; 2013 c 23 s 227; 2001 c 193 s 1; 1999 c 176 s 34; 1997 c 392 s 210; 1995 1st sp.s. c 18 s 13.]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Toll-free telephone number for complaints—Investigation and referral—Rules—Discrimination or retaliation prohibited.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 74.39A.070

text:
(1) The department shall, by rule, establish reasonable minimum qualifications and training requirements to assure that assisted living service, enhanced adult residential care service, and adult residential care providers with whom the department contracts are capable of providing services consistent with this chapter. The rules shall apply only to residential capacity for which the state contracts.
(2) The department shall not contract for assisted living, enhanced adult residential care, or adult residential care services with a provider if the department finds that the provider or any partner, officer, director, managerial employee, or owner of five percent or more of the provider has a history of significant noncompliance with federal or state regulations, rules, or laws in providing care or services to vulnerable adults or to children.
[ 1995 1st sp.s. c 18 s 16.]
Notes:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Rules for qualifications and training requirements—Requirement that contractors comply with federal and state regulations.


title: RCW 74.39A.074

text:
(1)(a) Except for long-term care workers exempt from certification under RCW 18.88B.041(1)(a), all persons hired as long-term care workers must meet the minimum training requirements in this section within one hundred twenty calendar days after the date of being hired.
(b) Except as provided in RCW 74.39A.076, the minimum training requirement is seventy-five hours of entry-level training approved by the department. A long-term care worker must successfully complete five of these seventy-five hours before being eligible to provide care.
(c) Training required by (d) of this subsection applies toward the training required under RCW 18.20.270 or 70.128.230 or any statutory or regulatory training requirements for long-term care workers employed by community residential service businesses.
(d) The seventy-five hours of entry-level training required shall be as follows:
(i) Before a long-term care worker is eligible to provide care, he or she must complete:
(A) Two hours of orientation training regarding his or her role as caregiver and the applicable terms of employment; and
(B) Three hours of safety training, including basic safety precautions, emergency procedures, and infection control; and
(ii) Seventy hours of long-term care basic training, including training related to:
(A) Core competencies; and
(B) Population specific competencies, including identification of individuals with potential hearing loss and how to seek assistance if hearing loss is suspected.
(2) Only training curriculum approved by the department may be used to fulfill the training requirements specified in this section. The department shall only approve training curriculum that:
(a) Has been developed with input from consumer and worker representatives; and
(b) Requires comprehensive instruction by qualified instructors on the competencies and training topics in this section.
(3) Individual providers under RCW 74.39A.270 shall be compensated for training time required by this section.
(4) If a pandemic, natural disaster, or other declared state of emergency impacts the ability of long-term care workers to complete training as required by this section, the department may adopt rules to allow long-term care workers additional time to complete the training requirements.
(a) Rules adopted under this subsection (4) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that all long-term care workers who were unable to complete the training required in subsection (1)(a) of this section have had adequate access to complete the required training, whichever is later. Once the department determines a rule adopted under this subsection (4) is no longer necessary, it must repeal the rule under RCW 34.05.353.
(b) Within 12 months of the termination of the pandemic, natural disaster, or other declared state of emergency, the department shall conduct a review of training compliance with subsection (1)(a) of this section and provide the legislature with a report.
(5) The department shall adopt rules to implement this section.
[ 2021 c 203 s 7; 2017 c 216 s 1; 2012 c 164 s 401; 2012 c 1 s 107 (Initiative Measure No. 1163, approved November 8, 2011).]
Notes:
Effective date—Retroactive application—2021 c 203: See notes following RCW 43.43.832.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.

catchline: Training requirements for long-term care workers—Rules.


title: RCW 74.39A.076

text:
(1) Beginning January 7, 2012, except for long-term care workers exempt from certification under RCW 18.88B.041(1)(a):
(a) A parent who is the long-term care worker providing in-home care only for the person's developmentally disabled child, including when related by marriage or domestic partnership, must receive 12 hours of training relevant to the needs of individuals with developmental disabilities within the first 120 days after becoming a long-term care worker.
(b) Beginning July 1, 2026, a spouse or registered domestic partner who is a long-term care worker providing in-home care only for a spouse or domestic partner must receive 15 hours of basic training, and at least six hours of additional focused training based on the care-receiving spouse's or partner's needs, within the first 120 days after becoming an in-home long-term care worker.
(c) A person working as a long-term care worker providing in-home care who (i) provides respite care services only for individuals with developmental disabilities receiving services under Title 71A RCW or only for individuals who receive services under this chapter, and (ii) works 300 hours or less in any calendar year, must complete 14 hours of training within the first 120 days after becoming a long-term care worker providing in-home care. Five of the 14 hours must be completed before becoming eligible to provide care, including two hours of orientation training regarding the caregiving role and terms of employment and three hours of safety training. The training partnership identified in RCW 74.39A.360 must offer at least 12 of the 14 hours online, and five of those online hours must be individually selected from elective courses.
(d) Long-term care workers identified in (d)(i) or (ii) of this subsection must complete 35 hours of training within the first 120 days after becoming a long-term care worker. Five of the 35 hours must be completed before becoming eligible to provide care. Two of these five hours shall be devoted to an orientation training regarding a long-term care worker's role as caregiver and the applicable terms of employment, and three hours shall be devoted to safety training, including basic safety precautions, emergency procedures, and infection control. Long-term care workers subject to this requirement include:
(i)(A) Unless covered by (a) of this subsection, a long-term care worker providing in-home care and caring only for the worker's child or parent, including when related by marriage or domestic partnership;
(B) A long-term care worker providing in-home care and caring only for the long-term care worker's sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership; and
(ii) A person working as a long-term care worker providing in-home care who provides 20 hours or less of care for one person in any calendar month.
(2) In computing the time periods in this section, the first day is the date of hire.
(3) Only training curriculum approved by the department may be used to fulfill the training requirements specified in this section. The department shall only approve training curriculum that:
(a) Has been developed with input from consumer and worker representatives; and
(b) Requires comprehensive instruction by qualified instructors.
(4) If a pandemic, natural disaster, or other declared state of emergency impacts the ability of long-term care workers to complete training as required by this section, the department may adopt rules to allow long-term care workers additional time to complete the training requirements.
(a) Rules adopted under this subsection (4) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that all long-term care workers who were unable to complete the training required in subsection (1) of this section have had adequate access to complete the required training, whichever is later. Once the department determines a rule adopted under this subsection (4) is no longer necessary, it must repeal the rule under RCW 34.05.353.
(b) Within 12 months of the termination of the pandemic, natural disaster, or other declared state of emergency, the department shall conduct a review of training compliance with subsection (1) of this section and provide the legislature with a report.
(5) The department shall adopt rules to implement this section.
[ 2025 c 18 s 2; 2024 c 322 s 2; 2023 c 424 s 8; 2021 c 203 s 8; 2019 c 363 s 19; 2018 c 220 s 1; 2017 c 267 s 1; 2015 c 152 s 2; 2014 c 139 s 7; 2012 c 164 s 402; 2012 c 1 s 108 (Initiative Measure No. 1163, approved November 8, 2011).]
Notes:
Effective date—Retroactive application—2021 c 203: See notes following RCW 43.43.832.
Finding—Intent—Program development—Implementation—Program funding—2014 c 139: See notes following RCW 71A.16.050.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.

catchline: Training requirements for long-term care workers caring for family members.


title: RCW 74.39A.078

text:
The department shall adopt rules to establish minimum competencies and standards for the approval of curricula for facility-based caregivers serving persons with behavioral health needs and geriatric behavioral health workers. The curricula must include at least thirty hours of training specific to the diagnosis, care, and crisis management of residents with a mental health disorder, traumatic brain injury, or dementia. The curricula must be outcome-based, and the effectiveness measured by demonstrated competency in the core specialty areas through the use of a competency test.
[ 2017 c 200 s 1.]

catchline: Rules for the approval of curricula for facility-based caregivers serving persons with behavioral health needs and geriatric behavioral health workers—Curricula requirements.


title: RCW 74.39A.080

text:
(1) The department is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department finds that a provider of assisted living services, adult residential care services, or enhanced adult residential care services has:
(a) Failed or refused to comply with the requirements of this chapter or the rules adopted under this chapter;
(b) Operated without a license or under a revoked license;
(c) Knowingly, or with reason to know, made a false statement of material fact on his or her application for license or any data attached thereto, or in any matter under investigation by the department; or
(d) Willfully prevented or interfered with any inspection or investigation by the department.
(2) When authorized by subsection (1) of this section, the department may take one or more of the following actions:
(a) Refuse to issue a contract;
(b) Impose reasonable conditions on a contract, such as correction within a specified time, training, and limits on the type of clients the provider may admit or serve;
(c) Impose civil penalties of not more than one hundred dollars per day per violation;
(d) Suspend, revoke, or refuse to renew a contract; or
(e) Suspend admissions to the facility by imposing stop placement on contracted services.
(3) When the department orders stop placement, the facility shall not admit any person admitted by contract until the stop placement order is terminated. The department may approve readmission of a resident to the facility from a hospital or nursing home during the stop placement. The department shall terminate the stop placement when: (a) The violations necessitating the stop placement have been corrected; and (b) the provider exhibits the capacity to maintain correction of the violations previously found deficient. However, if upon the revisit the department finds new violations that the department reasonably believes will result in a new stop placement, the previous stop placement shall remain in effect until the new stop placement is imposed.
After a department finding of a violation for which a stop placement has been imposed, the department shall make an on-site revisit of the provider within fifteen working days from the request for revisit, to ensure correction of the violation. For violations that are serious or recurring or uncorrected following a previous citation, and create actual or threatened harm to one or more residents' well-being, including violations of residents' rights, the department shall make an on-site revisit as soon as appropriate to ensure correction of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by written or photographic documentation found by the department to be credible. This subsection does not prevent the department from enforcing license suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department's authority and duty to ensure that the provider adequately cares for residents, including to make departmental on-site revisits as needed to ensure that the provider protects residents, and to enforce compliance with this chapter.
(4) Chapter 34.05 RCW applies to department actions under this section, except that orders of the department imposing contracts suspension, stop placement, or conditions for continuation of a contract are effective immediately upon notice and shall continue pending any hearing.
[ 2001 c 193 s 3; 1996 c 193 s 1; 1995 1st sp.s. c 18 s 17.]
Notes:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Department authority to take actions in response to noncompliance or violations.


title: RCW 74.39A.086

text:
(1) The department shall take appropriate enforcement action related to the contract of a consumer directed employer or a licensed or certified private agency or facility that provides long-term care services and knowingly employs a long-term care worker who is not a certified home care aide as required under chapter 18.88B RCW or, if exempted from certification under RCW 18.88B.041, who has not completed his or her required training under RCW 74.39A.074.
(2) The department shall deny payment to individual providers who provided services under a contract with the department if they have been notified that they are no longer permitted to work because they:
(a) Were not certified as home care aides as required under chapter 18.88B RCW; or
(b) Had not completed the training required under RCW 74.39A.074.
(3) The department may terminate the contract of any individual provider under contract with the department who:
(a) Is not certified as a home care aide as required under chapter 18.88B RCW; or
(b) Has not completed the training required under RCW 74.39A.074.
(4) Chapter 34.05 RCW shall govern actions by the department under this section.
(5) The department shall adopt rules to implement this section.
[ 2018 c 278 s 10; 2012 c 164 s 602; 2012 c 1 s 109 (Initiative Measure No. 1163, approved November 8, 2011).]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.

catchline: Enforcement actions against persons not certified as home care aides and their employers—Rule-making authority.


title: RCW 74.39A.090

text:
(1) Discharge planning, as directed in this section, is intended for residents and patients identified for discharge to long-term services under RCW 70.41.320, 74.39A.040, or 74.42.058. The purpose of discharge planning is to protect residents and patients from the financial incentives inherent in keeping residents or patients in a more expensive higher level of care and shall focus on care options that are in the best interest of the patient or resident.
(2) Except as provided in subsection (3) of this section, the department shall, consistent with the intent of this section, contract with area agencies on aging:
(a) To provide case management services to consumers receiving home and community services in their own home; and
(b) To reassess and reauthorize home and community services in home or in other settings for consumers:
(i) Who have been initially authorized by the department to receive home and community services; and
(ii) Who, at the time of reassessment and reauthorization, are receiving home and community services in their own home.
(3) The department may contract with a federally recognized Indian tribe to determine eligibility, including assessments and reassessments, authorize and reauthorize services, and perform case management functions within its regional authority.
(4) In the event that an area agency on aging is unwilling to enter into or satisfactorily fulfill a contract or an individual consumer's need for case management services will be met through an alternative delivery system, the department is authorized to:
(a) Obtain the services through competitive bid; and
(b) Provide the services directly until a qualified contractor can be found.
(5)(a) The department shall assess the degree and quality of the case management performed by the contracted area agency on aging staff or federally recognized Indian tribe for elderly and persons with disabilities in the community.
(b) The department shall incorporate the expected outcomes and criteria to measure the performance of service coordination organizations into contracts with area agencies on aging as provided in chapter 70.320 RCW.
(6) The contracts must require area agencies on aging and federally recognized Indian tribes to assess the quality of the in-home care services provided to consumers who are receiving services under programs authorized through the medicaid state plan, medicaid waiver authorities, or similar state-funded in-home care programs through an individual provider or home care agency. Quality indicators may include, but are not limited to, home care consumers satisfaction surveys, how quickly home care consumers are linked with home care workers, and whether the plan of care under RCW 74.39A.095 has been honored by the agency or the individual provider.
(7) The department shall develop model language for the plan of care established in RCW 74.39A.095. The plan of care shall be in clear language, and written at a reading level that will ensure the ability of consumers to understand the rights and responsibilities expressed in the plan of care.
[ 2022 c 255 s 1; 2018 c 278 s 11; 2013 c 320 s 10; 2004 c 141 s 3; 1999 c 175 s 2; 1995 1st sp.s. c 18 s 38.]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Findings—1999 c 175: "(1) The legislature finds that the quality of long-term care services provided to, and protection of, Washington's low-income elderly and disabled residents is of great importance to the state. The legislature further finds that revised in-home care policies are needed to more effectively address concerns about the quality of these services.
(2) The legislature finds that consumers of in-home care services frequently are in contact with multiple health and long-term care providers in the public and private sector. The legislature further finds that better coordination between these health and long-term care providers, and case managers, can increase the consumer's understanding of their plan of care, maximize the health benefits of coordinated care, and facilitate cost efficiencies across health and long-term care systems." [ 1999 c 175 s 1.]
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Discharge planning—Contracts for case management services and reassessment and reauthorization—Assessment of case management roles and quality of in-home care services—Plan of care model language.


title: RCW 74.39A.095

text:
(1) In carrying out case management responsibilities established under RCW 74.39A.090 for consumers who are receiving services under programs authorized through the medicaid state plan, medicaid waiver authorities, or similar state-funded in-home care programs, to the extent of available funding, the contracts with each area agency on aging or federally recognized Indian tribe shall require the contracted agency to:
(a) Work with each client to develop a plan of care under this section that identifies and ensures coordination of health and long-term care services and supports. In developing the plan, the area agency on aging or federally recognized Indian tribe shall use and modify as needed any comprehensive plan of care developed by the department as provided in RCW 74.39A.040;
(b) Monitor the implementation of the consumer's plan of care to verify that it adequately meets the needs of the consumer through activities such as home visits, telephone contacts, and responses to information received by the area agency on aging or federally recognized Indian tribe indicating that a consumer may be experiencing problems relating to his or her home care;
(c) Reassess and reauthorize services;
(d) Explain to the consumer that consumers have the right to waive case management services offered by the area agency on aging or federally recognized Indian tribe, except consumers may not waive the reassessment or reauthorization of services, or verification that services are being provided in accordance with the plan of care; and
(e) Document the waiver of any case management services by the consumer.
(2) Each consumer has the right to direct and participate in the development of their plan of care to the maximum extent practicable, and to be provided with the time and support necessary to facilitate that participation.
(3) As authorized by the consumer, a copy of the plan of care may be distributed to: (a) The consumer's individual provider contracted with the department; (b) the entity contracted with the department to provide personal care services; and (c) other relevant providers with whom the consumer has frequent contact.
(4) If an individual provider is employed by a consumer directed employer, the department, area agency on aging, or federally recognized Indian tribe must notify the consumer directed employer if:
(a) There is reason to believe that an individual provider or prospective individual provider is not delivering or will not be able to deliver the services identified in the consumer's plan of care; or
(b) The individual provider's performance is jeopardizing the health, safety, or well-being of a consumer receiving services under this section.
[ 2022 c 255 s 2; 2018 c 278 s 12; 2014 c 40 s 1; 2012 c 164 s 507. Prior: 2011 1st sp.s. c 31 s 14; 2011 1st sp.s. c 21 s 5; 2009 c 580 s 8; 2004 c 141 s 1; 2002 c 3 s 11 (Initiative Measure No. 775, approved November 6, 2001); 2000 c 87 s 5; 1999 c 175 s 3.]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Findings—1999 c 175: See note following RCW 74.39A.090.

catchline: Case management services—Contractual requirements—Consumers' plans of care—Notification to consumer directed employer.


title: RCW 74.39A.100

text:
The legislature finds that it is desirable to provide a coordinated and comprehensive program of in-home services for certain citizens in order that such persons may remain in their own homes, obtain employment if possible, and maintain a closer contact with the community. Such a program will seek to prevent mental and psychological deterioration which our citizens might otherwise experience. The legislature intends that the services will be provided in a fashion which promotes independent living.
[ 1980 c 137 s 1; 1973 1st ex.s. c 51 s 1. Formerly RCW 74.08.530.]

catchline: Chore services—Legislative finding, intent.


title: RCW 74.39A.110

text:
It is the intent of the legislature that chore services be provided to eligible persons within the limits of funds appropriated for that purpose. Therefore, the department shall provide services only to those persons identified as at risk of being placed in a long-term care facility in the absence of such services. The department shall not provide chore services to any individual who is eligible for, and whose needs can be met by another community service administered by the department. Chore services shall be provided to the extent necessary to maintain a safe and healthful living environment. It is the policy of the state to encourage the development of volunteer chore services in local communities as a means of meeting chore care service needs and directing financial resources. In determining eligibility for chore services, the department shall consider the following:
(1) The kind of services needed;
(2) The degree of service need, and the extent to which an individual is dependent upon such services to remain in his or her home or return to his or her home;
(3) The availability of personal or community resources which may be utilized to meet the individual's need; and
(4) Such other factors as the department considers necessary to insure service is provided only to those persons whose chore service needs cannot be met by relatives, friends, nonprofit organizations, other persons, or by other programs or resources.
In determining the level of services to be provided under this chapter, the client shall be assessed using an instrument designed by the department to determine the level of functional disability, the need for service and the person's risk of long-term care facility placement.
[ 1995 1st sp.s. c 18 s 36; 1989 c 427 s 5; 1981 1st ex.s. c 6 s 16. Formerly RCW 74.08.545.]
Notes:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: Chore services—Legislative policy and intent regarding available funds—Levels of service.


title: RCW 74.39A.120

text:
(1) The department shall establish a monthly dollar lid for each region on chore services expenditures within the legislative appropriation. Priority for services shall be given to the following situations:
(a) People who were receiving chore personal care services as of June 30, 1995;
(b) People for whom chore personal care services are necessary to return to the community from a nursing home;
(c) People for whom chore personal care services are necessary to prevent unnecessary nursing home placement; and
(d) People for whom chore personal care services are necessary as a protective measure based on referrals resulting from an adult protective services investigation.
(2) The department shall require a client to participate in the cost of chore services as a necessary precondition to receiving chore services paid for by the state. The client shall retain an amount equal to one hundred percent of the federal poverty level, adjusted for household size, for maintenance needs. The department shall consider the remaining income as the client participation amount for chore services except for those persons whose participation is established under *RCW 74.08.570.
(3) The department shall establish, by rule, the maximum amount of resources a person may retain and be eligible for chore services.
[ 1995 1st sp.s. c 18 s 37.]
Notes:
*Reviser's note: RCW 74.08.570 was recodified as RCW 74.39A.150 pursuant to 1995 1st sp.s. c 18 s 34.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Chore services—Expenditure limitation—Priorities—Rule on patient resource limit.


title: RCW 74.39A.130

text:
(1) The department is authorized to develop a program to provide for chore services under this chapter.
(2) The department may provide assistance in the recruiting of providers of the services enumerated in RCW 74.39A.120 and seek to assure the timely provision of services in emergency situations.
(3) The department shall assure that all providers of the chore services under this chapter are compensated for the delivery of the services on a prompt and regular basis.
[ 1995 1st sp.s. c 18 s 40; 1989 c 427 s 6; 1983 c 3 s 189; 1980 c 137 s 2; 1973 1st ex.s. c 51 s 3. Formerly RCW 74.08.550.]
Notes:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Chore services—Department to develop program.


title: RCW 74.39A.140

text:
In developing the program set forth in *RCW 74.08.550, the department shall, to the extent possible, and consistent with federal law, enlist the services of persons receiving grants under the provisions of chapter 74.08 RCW and chapter 74.12 RCW to carry out the services enumerated under **RCW 74.08.541. To this end, the department shall establish appropriate rules and regulations designed to determine eligibility for employment under this section, as well as regulations designed to notify persons receiving such grants of eligibility for such employment. The department shall further establish a system of compensation to persons employed under the provisions of this section which provides that any grants they receive under chapter 74.08 RCW or chapter 74.12 RCW shall be diminished by such percentage of the compensation received under this section as the department shall establish by rules and regulations.
[ 1983 c 3 s 190; 1973 1st ex.s. c 51 s 4. Formerly RCW 74.08.560.]
Notes:
Reviser's note: *(1) RCW 74.08.550 was recodified as RCW 74.39A.130 pursuant to 1995 1st sp.s. c 18 s 34, effective July 1, 1995.
**(2) RCW 74.08.541 was repealed by 1995 1st sp.s. c 18 s 35, effective July 1, 1995.

catchline: Chore services—Employment of public assistance recipients.


title: RCW 74.39A.150

text:
(1) An otherwise eligible disabled person shall not be deemed ineligible for chore services under this chapter if the person's gross income from employment, adjusted downward by the cost of the chore services to be provided and the disabled person's work expenses, does not exceed the maximum eligibility standard established by the department for such chore services. The department shall establish a methodology for client participation that allows such disabled persons to be employed.
(2) If a disabled person arranges for chore services through an individual provider arrangement, the client's contribution shall be counted as first dollar toward the total amount owed to the provider for chore services rendered.
(3) As used in this section:
(a) "Gross income" means total earned wages, commissions, salary, and any bonus;
(b) "Work expenses" includes:
(i) Payroll deductions required by law or as a condition of employment, in amounts actually withheld;
(ii) The necessary cost of transportation to and from the place of employment by the most economical means, except rental cars; and
(iii) Expenses of employment necessary for continued employment, such as tools, materials, union dues, transportation to service customers if not furnished by the employer, and uniforms and clothing needed on the job and not suitable for wear away from the job;
(c) "Employment" means any work activity for which a recipient receives monetary compensation;
(d) " Disabled" means:
(i) Permanently and totally disabled as defined by the department and as such definition is approved by the federal social security administration for federal matching funds;
(ii) Eighteen years of age or older;
(iii) A resident of the state of Washington; and
(iv) Willing to submit to such examinations as are deemed necessary by the department to establish the extent and nature of the disability.
[ 1995 1st sp.s. c 18 s 41; 1989 c 427 s 7; 1980 c 137 s 3. Formerly RCW 74.08.570.]
Notes:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Chore services for persons with disabilities—Eligibility.


title: RCW 74.39A.155

text:
Within funds appropriated for this purpose, the department shall provide additional support for residents in community settings who exhibit challenging behaviors that put them at risk for institutional placement. The residents must be receiving services under programs authorized through the medicaid state plan, medicaid waiver authorities, or similar state-funded in-home care programs, and must have been evaluated under the individual comprehensive assessment reporting and evaluation process.
[ 2018 c 278 s 14; 2008 c 146 s 8.]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040.

catchline: Support for persons at risk of institutional placement.


title: RCW 74.39A.160

text:
(1) A person who receives an asset from an applicant for or recipient of long-term care services for less than fair market value shall be subject to a civil fine payable to the department if:
(a) The applicant for or recipient of long-term care services transferred the asset for the purpose of qualifying for state or federal coverage for long-term care services and the person who received the asset was aware, or should have been aware, of this purpose;
(b) Such transfer establishes a period of ineligibility for such service under state or federal laws or regulations; and
(c) The department provides coverage for such services during the period of ineligibility because the failure to provide such coverage would result in an undue hardship for the applicant or recipient.
(2) The civil fine imposed under this section shall be imposed in a judicial proceeding initiated by the department and shall equal (a) up to one hundred fifty percent of the amount the department expends for the care of the applicant or recipient during the period of ineligibility attributable to the amount transferred to the person subject to the civil fine plus (b) the department's court costs and legal fees.
(3) Transfers subject to a civil fine under this section shall be considered null and void and a fraudulent conveyance as to the department. The department shall have the right to petition a court to set aside such transfers and require all assets transferred returned to the applicant or recipient.
[ 1995 1st sp.s. c 18 s 55.]
Notes:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Transfer of assets—Penalties.


title: RCW 74.39A.170

text:
(1) All payments made in state-funded long-term care shall be recoverable as if they were medical assistance payments subject to recovery under 42 U.S.C. Sec. 1396p and chapter 43.20B RCW, but without regard to the recipient's age.
(2) In determining eligibility for state-funded long-term care services programs, the department shall impose the same rules with respect to the transfer of assets for less than fair market value as are imposed under 42 U.S.C. 1396p with respect to nursing home and home and community services.
(3) It is the responsibility of the department to fully disclose in advance verbally and in writing, in easy to understand language, the terms and conditions of estate recovery to all persons offered long-term care services subject to recovery of payments.
(4) In disclosing estate recovery costs to potential clients, and to family members at the consent of the client, the department shall provide a written description of the community service options.
(5) The department of social and health services shall develop an implementation plan for notifying the client or his or her legal representative at least quarterly of the types of services used and the cost of those services (debt) that will be charged against the estate. The estate planning implementation plan shall be submitted by December 12, 1999, to the appropriate standing committees of the house of representatives and the senate, and to the joint legislative and executive task force on long-term care.
[ 1999 c 354 s 1; 1995 1st sp.s. c 18 s 56.]
Notes:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Recovery for state-funded long-term care—Legislative intent: RCW 43.20B.090.

catchline: Recovery of payments—Transfer of assets rules for eligibility—Disclosure of estate recovery costs, terms, and conditions.


title: RCW 74.39A.180

text:
Notwithstanding any other provision of law:
(1) In order to facilitate and ensure compliance with the federal social security act, Title XIX, as now existing or hereafter amended, later enactment to be adopted by reference by the director by rule, and other state laws mandating recovery of assets from estates of persons receiving long-term care services, the secretary of the department, with the approval of the office of the attorney general, may pay the reasonable and proper fees of attorneys admitted to practice before courts of this state, and associated professionals such as guardians, who are engaged in probate practice for the purpose of maintaining actions under Title 11 RCW, to the end that assets are not wasted, but are rather collected and preserved, and used for the care of the client or the reimbursement of the department pursuant to this chapter or chapter 43.20B RCW.
(2) The department may hire such other agencies and professionals on a contingency basis or otherwise as are necessary and cost-effective to collect bad debts owed to the department for long-term care services.
[ 1995 1st sp.s. c 18 s 57.]
Notes:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Authority to pay for probate actions and collection of bad debts.


title: RCW 74.39A.200

text:
All training curricula and material, except competency testing material, developed by or for the department and used in part or in whole for the purpose of improving provider and caregiver knowledge and skill are in the public domain unless otherwise protected by copyright law and are subject to disclosure under chapter 42.56 RCW. Any training curricula and material developed by a private entity through a contract with the department are also considered part of the public domain and shall be shared subject to copyright restrictions. Any proprietary curricula and material developed by a private entity for the purposes of training staff in facilities licensed under chapter 18.20 or 70.128 RCW or individual providers and home care agency providers under this chapter and approved for training by the department are not part of the public domain.
[ 2005 c 274 s 355; 2000 c 121 s 11.]

catchline: Training curricula, materials—In public domain—Exceptions.


title: RCW 74.39A.210

text:
An employer providing home and community services, including facilities licensed under chapters 18.51, 18.20, 70.97, and 70.128 RCW, an employer of a program operating under RCW 71A.12.040(10), a consumer directed employer, or an in-home services agency employer licensed under chapter 70.127 RCW, who discloses information about a former or current employee to a prospective home and community services employer, nursing home employer, consumer directed employer, or in-home services agency employer, is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure or its consequences if the disclosed information relates to: (1) The employee's ability to perform his or her job; (2) the diligence, skill, or reliability with which the employee carried out the duties of his or her job; or (3) any illegal or wrongful act committed by the employee when related to his or her ability to care for a vulnerable adult. For purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the employer was knowingly false or made with reckless disregard for the truth of the information disclosed. If the employee successfully rebuts the presumption of good faith standard in a court of competent jurisdiction, as the prevailing party, the employee shall be entitled to recover reasonable attorneys' fees against the employer. Nothing in this section shall affect or limit any other state, federal, or constitutional right otherwise available.
[ 2018 c 278 s 15; 2001 c 319 s 13.]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.

catchline: Disclosure of employee information—Employer immunity—Rebuttable presumption.


title: RCW 74.39A.240

text:
The definitions in this section apply throughout RCW 74.39A.030, 74.39A.095, * 74.39A.220 through 74.39A.300, and 41.56.151 unless the context clearly requires otherwise.
(1) "Consumer" means a person to whom an individual provider provides any such services.
(2) "Department" means the department of social and health services.
(3) "Individual provider" means a person, including a personal aide, who, under an individual provider contract with the department or as an employee of a consumer directed employer, provides personal care or respite care services to persons who are functionally disabled or otherwise eligible under programs authorized and funded by the medicaid state plan, medicaid waiver programs[,] chapter 71A.12 RCW, RCW 74.13.270, or similar state-funded in-home care programs.
[ 2018 c 278 s 16; 2011 1st sp.s. c 21 s 7; 2002 c 3 s 3 (Initiative Measure No. 775, approved November 6, 2001).]
Notes:
*Reviser's note: RCW 74.39A.220 was repealed by 2018 c 278 s 32.
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.

catchline: Definitions.


title: RCW 74.39A.250

text:
(1) If a consumer directed employer employs individual providers, the consumer directed employer shall:
(a) Provide assistance to consumers and prospective consumers in finding individual providers and prospective individual providers through the operation of a referral registry of individual providers and prospective individual providers.
(b) Before placing an individual provider or prospective individual provider on the referral registry, determine that the individual provider or prospective individual provider:
(i) Has met the minimum requirements for training under RCW 74.39A.051 and 74.39A.074;
(ii) Has satisfactorily completed a background check within the prior twelve months; and
(iii) Is not listed on any state or federal registry described in RCW 74.39A.056 or on other registries maintained by the department.
(c) Remove from the referral registry any individual provider or prospective individual provider who does not meet the qualifications set forth in this subsection (1) or whose employment as an individual provider has been terminated based on good cause.
(d) Provide routine, emergency, and respite referrals of individual providers and prospective individual providers to consumers and prospective consumers who are authorized to receive long-term in-home care services through an individual provider.
(e) Not allow an individual provider to provide services to a consumer without the consumer's consent.
(2) The department shall perform the activities under subsection (1) of this section if the department has not transitioned the responsibilities under this section to a consumer directed employer.
[ 2018 c 278 s 17; 2012 c 164 s 708; 2011 1st sp.s. c 21 s 8; 2002 c 3 s 4 (Initiative Measure No. 775, approved November 6, 2001).]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.

catchline: Individual provider referral registry—Consumer directed employer duties—Department duties.


title: RCW 74.39A.261

text:
If the department contracts with individual providers, the department must perform background checks for individual providers and prospective individual providers under RCW 74.39A.056.
[ 2018 c 278 s 18; 2012 c 164 s 502; 2012 c 1 s 102 (Initiative Measure No. 1163, approved November 8, 2011).]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.

catchline: Background checks on individual providers—Department duties.


title: RCW 74.39A.270

text:
The following provisions apply only to individual providers who are contracted with the department to provide personal care or respite care services:
(1) Solely for the purposes of collective bargaining and as expressly limited under subsections (2) and (3) of this section, the governor is the public employer, as defined in chapter 41.56 RCW, of individual providers, who, solely for the purposes of collective bargaining, are public employees as defined in chapter 41.56 RCW. To accommodate the role of the state as payor for the community-based services provided under this chapter and to ensure coordination with state employee collective bargaining under chapter 41.80 RCW and the coordination necessary to implement RCW 74.39A.300, the public employer shall be represented for bargaining purposes by the governor or the governor's designee appointed under chapter 41.80 RCW. The department shall solicit input from the developmental disabilities council, the governor's committee on disability issues and employment, the state council on aging, and other consumer advocacy organizations to obtain informed input from consumers on their interests, including impacts on consumer choice, for all issues proposed for collective bargaining under subsections (5) and (7) of this section.
(2) Chapter 41.56 RCW governs the collective bargaining relationship between the governor and individual providers, except as otherwise expressly provided in this chapter and except as follows:
(a) The only unit appropriate for the purpose of collective bargaining under RCW 41.56.211 is a statewide unit of all individual providers;
(b) The showing of interest required to request an election under RCW 41.56.211 is ten percent of the unit, and any intervener seeking to appear on the ballot must make the same showing of interest;
(c) The mediation and interest arbitration provisions of RCW 41.56.501 through 41.56.535 and 41.56.540 apply, except that:
(i) With respect to commencement of negotiations between the governor and the bargaining representative of individual providers, negotiations shall be commenced by May 1st of any year prior to the year in which an existing collective bargaining agreement expires; and
(ii) The decision of the arbitrator is not binding on the legislature and, if the legislature does not approve the request for funds necessary to implement the compensation and fringe benefit provisions of the arbitrated collective bargaining agreement, is not binding on the authority or the state;
(d) Individual providers do not have the right to strike; and
(e) Individual providers who are related to, or family members of, consumers or prospective consumers are not, for that reason, exempt from this chapter or chapter 41.56 RCW.
(3) Individual providers who are public employees solely for the purposes of collective bargaining under subsection (1) of this section are not, for that reason, employees of the state, its political subdivisions, or an area agency on aging for any purpose. Chapter 41.56 RCW applies only to the governance of the collective bargaining relationship between the employer and individual providers as provided in subsections (1) and (2) of this section.
(4) Consumers and prospective consumers retain the right to select, hire, supervise the work of, and terminate any individual provider providing services to them. Consumers may elect to receive long-term in-home care services from individual providers who are not referred to them by the department or a department contractor.
(5) Except as expressly limited in this section and RCW 74.39A.300, the wages, hours, and working conditions of individual providers are determined solely through collective bargaining as provided in this chapter. Except as described in RCW 74.39A.525, no agency or department of the state may establish policies or rules governing the wages or hours of individual providers.
(6) Nothing in this section modifies:
(a) The department's authority to deny individual provider contracts to individuals who will not be able to meet the needs of a consumer or to terminate contracts of individual providers who are not adequately meeting the needs of a particular consumer; or
(b) The consumer's right to: (i) Assign hours to one or more individual providers consistent with the rules adopted under this chapter and his or her plan of care; and (ii) select, hire, terminate, supervise the work of, and determine the conditions of employment for each individual provider providing services to the consumer under this chapter.
(7) At the request of the exclusive bargaining representative, the governor or the governor's designee appointed under chapter 41.80 RCW shall engage in collective bargaining, as defined in RCW 41.56.030(4), with the exclusive bargaining representative over the following subjects:
(a) Employer contributions to the training partnership for the costs of: (i) Meeting all training and peer mentoring requirements under this chapter; and (ii) other training intended to promote the career development of individual providers; and
(b) How the department's core responsibility affects hours of work for individual providers; this subsection shall not be interpreted to require collective bargaining over an individual consumer's plan of care.
(8) The state, the department, the area agencies on aging, or their contractors under this chapter may not be held vicariously or jointly liable for the action or inaction of any individual provider or prospective individual provider, whether or not that individual provider or prospective individual provider was included on the referral registry or referred to a consumer or prospective consumer. The existence of a collective bargaining agreement, the placement of an individual provider on the referral registry, or the development or approval of a plan of care for a consumer who chooses to use the services of an individual provider and the provision of case management services to that consumer, by the department or an area agency on aging, does not constitute a special relationship with the consumer.
(9) Nothing in this section affects the state's responsibility with respect to unemployment insurance for individual providers. However, individual providers are not to be considered, as a result of the state assuming this responsibility, employees of the state.
[ 2018 c 278 s 19; 2017 3rd sp.s. c 24 s 1; 2016 sp.s. c 30 s 1; 2011 1st sp.s. c 21 s 10; 2007 c 361 s 7; 2007 c 278 s 3; 2006 c 106 s 1; 2004 c 3 s 1; 2002 c 3 s 6 (Initiative Measure No. 775, approved November 6, 2001).]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Effective date—2017 3rd sp.s. c 24: "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 [July 6, 2017]." [ 2017 3rd sp.s. c 24 s 2.]
Effective date—2016 sp.s. c 30: "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 18, 2016]." [ 2016 sp.s. c 30 s 4.]
Overtime emergency rules—2016 sp.s. c 30: "The department of social and health services shall immediately adopt emergency rules under RCW 34.05.350 to limit the number of hours per workweek that the department may pay any single provider to forty hours and to establish criteria to authorize additional hours in accordance with section 1 of this act. The emergency rules shall remain in effect until permanent rules can be adopted." [ 2016 sp.s. c 30 s 2.]
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective date—2007 c 361 ss 7 and 8: "Sections 7 and 8 of this act take effect March 1, 2008." [ 2007 c 361 s 14.]
Construction—Severability—Captions not law—Short title—2007 c 361: See notes following RCW 74.39A.009.
Effective date—2006 c 106: "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 [March 17, 2006]." [ 2006 c 106 s 2.]
Severability—2004 c 3: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2004 c 3 s 8.]
Effective date—2004 c 3: "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 [March 9, 2004]." [ 2004 c 3 s 9.]

catchline: Individual providers contracted with the department—Collective bargaining—Circumstances in which individual providers are considered public employees—Exceptions—Limitations.


title: RCW 74.39A.275

text:
In order to monitor quality of care and safety of consumers, employment conditions of individual providers, and compliance with the provisions of payment of hours in excess of forty hours each workweek for any single individual provider, the department must provide annual expenditure reports to the legislative fiscal committees and joint legislative-executive overtime oversight task force created under RCW 74.39A.525. The report must contain the following information:
(1) The number of individual providers receiving payment for more than forty hours in a workweek, specifying how many of those individual providers were eligible for those hours due to meeting the conditions of RCW 74.39A.525.
(2) The number of hours paid and the amount paid for hours in excess of forty hours in a workweek, specifying how many of those hours and payments were for individual providers eligible for those hours and payments due to meeting the conditions of RCW 74.39A.525 (1) or (2).
(3) In reporting the information required in subsections (1) and (2) of this section, the department must provide total amounts, averages, and a display of the distribution of the amounts.
(4) The information required must be provided by department region and county of client, department program, and must be specified for individual providers by the number of clients they serve.
(5) Any personally identifiable information of consumers and individual providers used to develop this report is confidential under RCW 43.17.410 and exempt from public disclosure, inspection, or copying in accordance with chapter 42.56RCW. However, information may be released in aggregate form, with any personally identifiable information redacted, for the purpose of statistical analysis and oversight of agency performance and actions.
[ 2018 c 278 s 21; 2016 sp.s. c 30 s 3.]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Effective date—Overtime emergency rules—2016 sp.s. c 30: See notes following RCW 74.39A.270.

catchline: Individual provider overtime—Annual expenditure reports to legislature and joint legislative-executive overtime oversight task force.


title: RCW 74.39A.300

text:
If the department contracts with any individual providers for personal care services, funding will be determined in accordance with the following process:
(1) Upon meeting the requirements of subsection (2) of this section, the governor must submit, as a part of the proposed biennial or supplemental operating budget submitted to the legislature under RCW 43.88.030, a request for funds necessary to administer in-home care programs under this chapter and to implement the compensation and fringe benefits provisions of a collective bargaining agreement entered into under RCW 74.39A.270 or for legislation necessary to implement such agreement.
(2) A request for funds necessary to implement the compensation and fringe benefits provisions of a collective bargaining agreement entered into under RCW 74.39A.270 shall not be submitted by the governor to the legislature unless such request:
(a) Has been submitted to the director of financial management by October 1st prior to the legislative session at which the request is to be considered; and
(b) Has been certified by the director of financial management as being feasible financially for the state or reflects the binding decision of an arbitrator reached under RCW 74.39A.270(2)(c).
(3) The legislature must approve or reject the submission of the request for funds as a whole. If the legislature rejects or fails to act on the submission, any such agreement will be reopened solely for the purpose of renegotiating the funds necessary to implement the agreement.
(4) When any increase in individual provider wages or benefits is negotiated or agreed to, no increase in wages or benefits negotiated or agreed to under this chapter will take effect unless and until, before its implementation, the department has determined that the increase is consistent with federal law and federal financial participation in the provision of services under Title XIX of the federal social security act.
(5) The governor shall periodically consult with the joint committee on employment relations established by RCW 41.80.010 regarding appropriations necessary to implement the compensation and fringe benefits provisions of any collective bargaining agreement and, upon completion of negotiations, advise the committee on the elements of the agreement and on any legislation necessary to implement such agreement.
(6) After the expiration date of any collective bargaining agreement entered into under RCW 74.39A.270, all of the terms and conditions specified in any such agreement remain in effect until the effective date of a subsequent agreement, not to exceed one year from the expiration date stated in the agreement, except as provided in RCW 74.39A.270.
(7) If, after the compensation and benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.
[ 2018 c 278 s 22; 2004 c 3 s 2; 2002 c 3 s 9 (Initiative Measure No. 775, approved November 6, 2001).]
Notes:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Severability—Effective date—2004 c 3: See notes following RCW 74.39A.270.

catchline: Funding process—Department-contracted individual providers.


title: RCW 74.39A.310

text:
(1) The department shall convert and distribute any change in the total amount of wages and benefits negotiated and funded in the contract for individual providers of home care services pursuant to RCW 74.39A.270 and 74.39A.300 or labor rates established under RCW 74.39A.530 into a per-quarter-hour amount. This must be accomplished in each odd-numbered year within sixty days after adjournment sine die of the legislative session.
(2) The per-quarter-hour amount shall be added to or subtracted from the statewide home care agency vendor rate and any increase shall be used exclusively for improving the wages and benefits of home care agency workers who provide direct care, and for paying any resulting change in required employer contributions or premiums.
(3) When determining the per-quarter-hour amount, the department must include:
(a) The changes to wages, benefits, and compensation negotiated and funded each biennium, including but not limited to:
(i) Wages;
(ii) Benefit pay, such as vacation, sick, and holiday pay;
(iii) Mileage;
(iv) Contributions to a training partnership;
(v) Contributions to the health benefit trust; and
(vi) Contributions to the defined contribution retirement trust; and
(b) The change in the average costs experienced by medicaid contracted home care agencies, as determined by the department in its sole discretion, of employer contributions or premiums required by law including, but not limited to:
(i) Federal insurance contributions act;
(ii) Federal unemployment tax act;
(iii) State unemployment tax authority;
(iv) State paid family medical leave act; and
(v) State workers' compensation system; and
(c) An adjustment, as determined by the department in its sole discretion, for cost of compensation for work time that may not be billed as service hours, such as travel time, that must be paid to direct service workers under wage and hour laws and any related employer tax contributions or premiums.
(4) For fiscal year 2027, the department shall determine, in its sole discretion, the portion of the total vendor rate dedicated to wages, benefits, and required employer contributions for home care agency workers who provide direct care. Beginning in fiscal year 2028, the portion of the total vendor rate dedicated to wages, benefits, and required employer contributions or premiums for home care agency workers who provide direct care is equal to the total portion from the previous fiscal year plus the increments established in subsection (3) of this section.
(5) The portion of the vendor rate calculated for health care benefits, including but not limited to medical, dental, and vision benefits, may only be used for health benefits for home care agency workers who provide direct care.
(6) The portion of the vendor rate calculated for training may only be used for training, testing, and certification costs, and associated costs for the administration of training, testing, and certification scheduling and compliance for home care agency workers who provide direct care.
(7) When establishing the per-quarter-hour amount for the vendor rate, the department must prevent duplicate accounting for the same cost.
(8) Beginning July 1, 2027, the department or its designee shall verify that home care agencies have expended funds in accordance with the requirements of this section.
(a) To assist the department or its designee with the verification requirement in this section, each home care agency shall submit to the department:
(i) An independent third-party audit conducted by a qualified, accredited firm to validate compliance with requirements established in this section; or
(ii) A written attestation from the labor organization that is the exclusive bargaining representative of the home care workers who provide direct care that are employed by the agency, confirming that the home care agency has complied with the wages and benefits, health care rate, and training rate requirements.
(b) The department may adopt rules to establish reasonable objective criteria through a transparent process to temporarily exempt a home care agency determined to be facing extraordinary circumstances that prevent their compliance with this section. The department shall develop these criteria through a transparent process that includes public notice and opportunities for public comment from interested parties.
(9)(a) The department shall determine a home care agency administrative rate using the process established in RCW 74.39A.530.
(b) The home care agency administrative rate is the portion of the home care agency vendor rate, as defined in RCW 74.39A.530, designated to support the administrative functions and essential operations of a home care agency. These functions and operations may include but are not limited to:
(i) Compliance with administrative requirements related to department of health licensing provisions and department contracts for personal care and respite services;
(ii) Payment of all taxes and costs associated with obtaining and maintaining a licensed business in the state of Washington, as well as compliance with all labor and industry, local, state, and federal standards and laws;
(iii) Business and occupation tax on any increases to the labor rate;
(iv) Funding for electronic visit verification; and
(v) Funding for personal protective equipment.
[ 2026 c 85 s 1; 2020 c 336 s 1; 2018 c 278 s 23; 2007 c 361 s 8; 2006 c 9 s 1.]
Notes:
Effective date—2020 c 336 s 1: "Section 1 of this act takes effect July 1, 2020." [ 2020 c 336 s 4.]
Application—2020 c 336: "This act applies prospectively and not retroactively." [ 2020 c 336 s 3.]
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Effective date—2007 c 361 ss 7 and 8: See note following RCW 74.39A.270.
Construction—Severability—Captions not law—Short title—2007 c 361: See notes following RCW 74.39A.009.
Effective date—2006 c 9: "This act takes effect July 1, 2006." [ 2006 c 9 s 3.]

catchline: Contract for individual home care services providers—Cost of change in wages and benefits funded or increase in labor rates.


title: RCW 74.39A.320

text:
(1) To the extent funds are appropriated for this purpose, the department shall establish a capital add-on rate, not less than the July 1, 2005, capital add-on rate established by the department, for those assisted living facilities contracting with the department that have a medicaid occupancy percentage of sixty percent or greater.
(2) Effective for July 1, 2006, and for each July 1st rate-setting period thereafter, the department shall determine the facility's medicaid occupancy percentage using the last six months' medicaid resident days from the preceding calendar year divided by the product of all its licensed assisted living facility beds irrespective of use, times calendar days for the six-month period. For the purposes of this section, medicaid resident days include those clients who are enrolled in a medicaid managed long-term care program, including but not limited to the program for all inclusive care and the medicaid integration project.
(3) The medicaid occupancy percentage established beginning on July 1, 2006, and for each July 1st thereafter, shall be used to determine whether an assisted living facility qualifies for the capital add-on rate under this section. Those facilities that qualify for the capital add-on rate shall receive the capital add-on rate throughout the applicable fiscal year.
[ 2012 c 10 s 67; 2006 c 260 s 1.]
Notes:
Application—2012 c 10: See note following RCW 18.20.010.
Effective date—2006 c 260: "This act takes effect July 1, 2006." [ 2006 c 260 s 2.]

catchline: Establishment of capital add-on rate—Determination of medicaid occupancy percentage.


title: RCW 74.39A.326

text:
(1)(a) Except as provided under (b) of this subsection, the department shall not pay a home care agency licensed under chapter 70.127 RCW for in-home personal care or respite services provided under this chapter, Title 71A RCW, or chapter 74.39 RCW if the care is provided to a client by a family member of the client. To the extent permitted under federal law, the provisions of this subsection shall not apply if the family member providing care is older than the client.
(b) The department may, on a case-by-case basis based on the client's health and safety, make exceptions to (a) of this subsection to authorize payment or to provide for payment during a transition period of up to three months. Within available funds, the restrictions under (a) of this subsection do not apply when the care is provided to: (i) A client who is an enrolled member of a federally recognized Indian tribe; or (ii) a client who resides in the household of an enrolled member of a federally recognized Indian tribe.
(2) The department shall take appropriate enforcement action against a home care agency found to have charged the state for hours of service for which the department is not authorized to pay under this section, including requiring recoupment of any payment made for those hours and, under criteria adopted by the department by rule, terminating the contract of an agency that violates a recoupment requirement.
(3) For purposes of this section:
(a) "Client" means a person who has been deemed eligible by the department to receive in-home personal care or respite services.
(b) "Family member" shall be liberally construed to include, but not be limited to, a parent, child, sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or grandnephew, or such relatives when related by marriage.
(4) The department shall adopt rules to implement this section. The rules shall not result in affecting the amount, duration, or scope of the personal care or respite services benefit to which a client may be entitled pursuant to RCW 74.09.520 or Title XIX of the federal social security act.
[ 2017 3rd sp.s. c 34 s 3; 2009 c 571 s 1.]
Notes:
Findings—Intent—2017 3rd sp.s. c 34: "The legislature finds that the most common form of long-term care provided to persons who are elderly, disabled, or have a developmental disability is provided by a family member in a personal residence. The legislature also finds that care provided by a family member who is chosen by the recipient is often the most appropriate form of care, allowing vulnerable individuals to remain independent while maintaining a sense of dignity and choice. The current system of medicaid services has complexities that may create obstacles for consumers who wish to be cared for by a family member and for family members who enter the system solely to provide care for their loved ones.
Therefore, the legislature intends to direct a study of the current options allowing for the delivery of medicaid personal care services by caregivers who are family members of the state's citizens who are aging, disabled, or who have a developmental disability. The legislature intends to promote more flexibility for clients to access their benefits and to reduce obstacles for clients who wish to hire family members to provide their care." [ 2017 3rd sp.s. c 34 s 1.]
Conflict with federal requirements—2009 c 571: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2009 c 571 s 3.]
Effective date—2009 c 571: "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 [May 19, 2009]." [ 2009 c 571 s 4.]

catchline: In-home personal care or respite services to family members—Department not authorized to pay—Exceptions—Enforcement—Rules.


title: RCW 74.39A.331

text:
Long-term care workers shall be offered on-the-job training or peer mentorship for at least one hour per week in the first ninety days of work from a long-term care worker who has completed at least twelve hours of mentor training and is mentoring no more than ten other workers at any given time. This requirement applies to long-term care workers who begin work on or after July 1, 2012, except that it does not apply to long-term care workers employed by community residential service businesses until January 1, 2016.
[ 2012 c 164 s 403; 2012 c 1 s 111 (Initiative Measure No. 1163, approved November 8, 2011).]
Notes:
Reviser's note: The language of this section, as enacted by 2012 c 1 s 111, was identical to RCW 74.39A.330 as amended by 2009 c 478 s 1, which was repealed by 2012 c 1 s 115. This section has since been amended by 2012 c 164 s 403.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.

catchline: Peer mentoring.