RCW 74.48.050 — Washington Code / Title 74 / Chapter 48 / Section 050
RCW 74.48.050: Exceptions.
Status: in_force

(1) Subject to subsection (4) of this section the department shall exempt the following nursing facility providers from the skilled nursing facility safety net assessment subject to federal approval under 42 C.F.R. Sec. 433.68(e)(2): (a) Continuing care retirement communities; (b) Nursing facilities with thirty-five or fewer licensed beds; (c) State, tribal, and county operated nursing facilities; and (d) Any nursing facility operated by a public hospital district and nursing facilities that are hospital-based. (2) The department shall lower the skilled nursing facility safety net assessment for either certain high volume medicaid nursing facilities or certain facilities with high resident volumes to meet the redistributive tests of 42 C.F.R. Sec. 433.68(e)(2). (3) The department shall lower the skilled nursing facility safety net assessment for any skilled nursing facility with a licensed bed capacity in excess of two hundred three beds to the same level described in subsection (2) of this section. (4) To the extent necessary to obtain federal approval under 42 C.F.R. Sec. 433.68(e)(2), the exemptions prescribed in subsections (1), (2), and (3) of this section may be amended by the department. (5) The per resident day assessment rate shall be the same amount for each affected facility except as prescribed in subsections (1), (2), and (3) of this section. (6) The department shall notify the nursing facility operators of any skilled nursing facilities that would be exempted from the skilled nursing facility safety net assessment pursuant to the waiver request submitted to the United States department of health and human services under this section.
RCW 74.13.730 — Washington Code / Title 74 / Chapter 13 / Section 730
RCW 74.13.730: Certificates of parental improvement—Administrative review.
Status: in_force

(1) A person who applies for a certificate of parental improvement pursuant to RCW 74.13.720 has the right to seek review of the secretary's denial of this certificate request as provided in this section. (2) The written notice provided by the department denying a request for a certificate of parental improvement must be sent by mail to the requestor's last known address and include at least the following information in plain language: (a) The reason or reasons for the secretary's denial of a certificate of parental improvement request following a founded finding of physical abuse or negligent treatment or maltreatment; and (b) That the requestor has a right to challenge the secretary's decision not to issue a certificate of parental improvement, including a description of the process for requesting a review of the secretary's decision to deny a request for a certificate of parental improvement. (3) Within forty-five calendar days after the department has placed a notice in the mail to the address on the request notifying the requestor that the secretary is denying the request for a certificate of parental improvement pursuant to RCW 74.13.720 , the requestor may request that the secretary review this determination. The request for review must be made in writing. (4) If a requestor does not request a review as provided in this section, the requestor may not further challenge the secretary's decision not to issue a certificate of parental improvement following a founded finding of physical abuse or negligent treatment or maltreatment. (5) Upon receipt of a written request for review, the secretary shall review and, if appropriate, may change the decision and issue a certificate of parental improvement. The secretary may designate the appropriate staff to conduct this review. The review must be completed within thirty days after receiving the written request for review. Upon completion of this review, the department shall notify the requestor in writing of the secretary's determination. (6) If the secretary does not alter the decision not to issue a certificate of parental improvement following a child abuse or neglect finding, the requestor may request an adjudicative hearing to contest this decision. The adjudicative proceeding is governed by the administrative procedure act, chapter 34.05 RCW, and this section. The request for an adjudicative proceeding must be filed within forty-five calendar days of the date that the department placed the agency review determination in the mail to the address on the request. If a timely request for an adjudicative proceeding is not made as provided in this section, the requestor may not further challenge the secretary's decision and has no right to review by the secretary, an adjudicative hearing, or judicial review of the determination not to issue a certificate of parental improvement. (7) Reviews and hearings conducted under this section are confidential and are not open to the public. Information about reports, reviews, and hearings may be disclosed only in accordance with federal and state laws pertaining to child welfare records and child protective services reports. (8) The secretary shall establish procedures for reviewing requests for certificates of parental improvement and requests to alter the decision to deny a request for a certificate of parental improvement by administrative rule, including by emergency rule making if necessary. The secretary may adopt additional rules to implement this section.
RCW 74.04.670 — Washington Code / Title 74 / Chapter 04 / Section 670
RCW 74.04.670: Long-term care services—Eligibility.
Status: in_force

(1) For purposes of RCW 74.04.005 (13)(a), an applicant or recipient is not eligible for long-term care services if the applicant or recipient's equity interest in the home exceeds an amount established by the department in rule, which shall not be less than five hundred thousand dollars. This requirement does not apply if any of the following persons related to the applicant or recipient are legally residing in the home: (a) A spouse; or (b) A dependent child under age twenty-one; or (c) A dependent child with a disability; or (d) A dependent child who is blind; and (e) The dependent child in (c) and (d) of this subsection meets the federal supplemental security income program criteria for disabled and blind. (2) The dollar amounts specified in this section shall be increased annually, beginning in 2011, from year to year based on the percentage increase in the consumer price index for all urban consumers, all items, United States city average, rounded to the nearest one thousand dollars. (3) This section applies to individuals who are determined eligible for medical assistance with respect to long-term care services based on an application filed on or after May 1, 2006.
RCW 74.20A.300 — Washington Code / Title 74 / Chapter 20A / Section 300
RCW 74.20A.300: Medical support—Health care coverage required.
Status: in_force

(1) Whenever a support order is entered or modified under this chapter, the department shall require either or both parents to provide medical support for any dependent child, in the nature of health care coverage or a monthly payment toward the premium, as provided under RCW 26.09.105 . (2) A parent ordered to provide health care coverage shall provide proof of such coverage or proof that such coverage is unavailable to the department within twenty days of the entry of the order. (3) A parent required to provide health care coverage must notify the department and the other parent when coverage terminates. (4) Every order requiring a parent to provide health care coverage shall be entered in compliance with *RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW.
RCW 74.42.420 — Washington Code / Title 74 / Chapter 42 / Section 420
RCW 74.42.420: Resident record system.
Status: in_force

The facility shall maintain an organized record system containing a record for each resident. The record shall contain: (1) Identification information, including the information listed in RCW 18.51.095 (1); (2) Admission information, including the resident's medical and social history; (3) A comprehensive plan of care and subsequent changes to the comprehensive plan of care; (4) Copies of initial and subsequent periodic examinations, assessments, evaluations, and progress notes made by the facility and the department; (5) Descriptions of all treatments, services, and medications provided for the resident since the resident's admission; (6) Information about all illnesses and injuries including information about the date, time, and action taken; and (7) A discharge summary. Resident records shall be available to the staff members directly involved with the resident and to appropriate representatives of the department. The facility shall protect resident records against destruction, loss, and unauthorized use. The facility shall keep a resident's record after the resident is discharged as provided in RCW 18.51.300 .
RCW 74.39A.341 — Washington Code / Title 74 / Chapter 39A / Section 341
RCW 74.39A.341: Continuing education requirements for long-term care workers.
Status: in_force

(1) All long-term care workers shall complete 12 hours of continuing education training in advanced training topics each year. This requirement applies beginning July 1, 2012. (2) Completion of continuing education as required in this section is a prerequisite to maintaining home care aide certification under chapter 18.88B RCW. (3) Unless voluntarily certified as a home care aide under chapter 18.88B RCW, subsection (1) of this section does not apply to: (a) An individual provider caring only for his or her biological, step, or adoptive child; (b) An individual provider caring only for the individual provider's parent, sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership; (c) Registered nurses and licensed practical nurses licensed under chapter 18.79 RCW; (d) Before January 1, 2016, a long-term care worker employed by a community residential service business; (e) A person working as an individual provider who provides 20 hours or less of care for one person in any calendar month; (f) A person working as an individual provider who only provides respite services and works less than 300 hours in any calendar year; or (g) A person whose certificate has been expired for less than five years who seeks to restore the certificate to active status. The person does not need to complete continuing education requirements in order for their certificate to be restored to active status. Subsection (1) of this section applies to persons once the certificate has been restored to active status, beginning on the date the certificate is restored to active status. (4) Individual providers covered under subsection (3) of this section may voluntarily take continuing education. The consumer directed employer must pay individual providers covered in subsection (3) of this section for any continuing education that they may take, up to 12 hours of continuing education annually. (5) 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. (6) Individual providers under RCW 74.39A.270 shall be compensated for training time required by this section. (7) 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 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 this section have had adequate access to complete the required training, whichever is later. Once the department determines a rule adopted under this subsection 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. (8) The department of health shall adopt rules to implement subsection (1) of this section. (9) The department shall adopt rules to implement subsection (2) of this section.
RCW 74.09.667 — Washington Code / Title 74 / Chapter 09 / Section 667
RCW 74.09.667: Human immunodeficiency virus antiviral drugs—Coverage.
Status: in_force

(1) The authority shall provide coverage under this chapter for all federal food and drug administration approved HIV antiviral drugs without prior authorization or step therapy. This coverage must be provided to apple health clients enrolled in both fee-for-service and managed care programs. (2) Upon initiation or renewal of a contract with the authority to administer a medicaid managed care plan, a managed health care system shall provide coverage without prior authorization or step therapy for all federal food and drug administration approved HIV antiviral drugs.
RCW 74.25A.050 — Washington Code / Title 74 / Chapter 25A / Section 050
RCW 74.25A.050: Program participants—Eligibility for assistance programs.
Status: in_force

Participants shall be considered recipients of temporary assistance for needy families and remain eligible for medicaid benefits even if the participant does not receive a residual grant. Work supplementation participants shall be eligible for (1) the thirty-dollar plus one-third of earned income exclusion from income, (2) the work related expense disregard, and (3) any applicable child care expense disregard deemed available to recipient of aid in computing his or her grant under this chapter, unless prohibited by federal law.
RCW 74.20.055 — Washington Code / Title 74 / Chapter 20 / Section 055
RCW 74.20.055: Designated agency under federal law—Role of prosecuting attorneys.
Status: in_force

The department of social and health services office of support enforcement is the designated agency in Washington state to administer the child support program under Title IV-D of the federal social security act and is responsible for providing necessary and mandated support enforcement services and ensuring that such services are available statewide. It is the intent of the legislature to enhance the total child support program in this state by granting the office of support enforcement administrative powers and flexibility. If the exercise of this authority is used to supplant or replace the role of the prosecuting attorneys for reasons other than economy or federal compliance, the Washington association of prosecuting attorneys shall report to the committees on judiciary of the senate and house of representatives.
RCW 74.34.063 — Washington Code / Title 74 / Chapter 34 / Section 063
RCW 74.34.063: Response to reports—Timing—Reports to law enforcement agencies—Notification to licensing authority.
Status: in_force

(1) The department shall initiate a response to a report, no later than twenty-four hours after knowledge of the report, of suspected abandonment, abuse, financial exploitation, neglect, or self-neglect of a vulnerable adult. (2) When the initial report or investigation by the department indicates that the alleged abandonment, abuse, financial exploitation, or neglect may be criminal, the department shall make an immediate report to the appropriate law enforcement agency. The department and law enforcement will coordinate in investigating reports made under this chapter. The department may provide protective services and other remedies as specified in this chapter. (3) The law enforcement agency or the department shall report the incident in writing to the proper county prosecutor or city attorney for appropriate action whenever the investigation reveals that a crime may have been committed. (4) Upon request, the department and law enforcement shall share information contained in reports and findings of abandonment, abuse, financial exploitation, and neglect of vulnerable adults with each other, consistent with RCW 74.04.060 , chapter 42.56 RCW, and other applicable confidentiality laws. (5) Unless prohibited by federal law, the department of social and health services may share with the department of children, youth, and families information contained in reports and findings of abandonment, abuse, financial exploitation, and neglect of vulnerable adults. (6) The department shall notify the proper licensing authority concerning any report received under this chapter that alleges that a person who is professionally licensed, certified, or registered under Title 18 RCW has abandoned, abused, financially exploited, or neglected a vulnerable adult.
RCW 74.15.300 — Washington Code / Title 74 / Chapter 15 / Section 300
RCW 74.15.300: Enforcement action—Definition.
Status: in_force

For the purposes of chapter 473, Laws of 2005, "enforcement action" means denial, suspension, revocation, modification, or nonrenewal of a license pursuant to RCW 74.15.130 (1) or assessment of civil monetary penalties pursuant to RCW 74.15.130 (4).
RCW 74.09.315 — Washington Code / Title 74 / Chapter 09 / Section 315
RCW 74.09.315: Whistleblowers—Workplace reprisal or retaliatory action.
Status: in_force

(1) For the purposes of this section: (a) "Employer" means any person, firm, corporation, partnership, association, agency, institution, or other legal entity. (b) "Whistleblower" means an employee of an employer that obtains or attempts to obtain benefits or payments under this chapter or other applicable law in violation of RCW 74.09.210 , who in good faith reports a violation of RCW 74.09.210 to the authority. (c) "Workplace reprisal or retaliatory action" includes, but is not limited to: Denial of adequate staff to fulfill duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct under Title 18 RCW; unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations; demotion; reduction in pay; denial of promotion; suspension; dismissal; denial of employment; a supervisor or superior behaving in or encouraging coworkers to behave in a hostile manner toward the whistleblower; or a change in the physical location of the employee's workplace or a change in the basic nature of the employee's job, if either are in opposition to the employee's expressed wish. (2) A whistleblower who has been subjected to workplace reprisal or retaliatory action has the remedies provided under chapter 49.60 RCW. RCW 4.24.500 through 4.24.520 , providing certain protection to persons who communicate to government agencies, apply to complaints made under this section. The identity of a whistleblower who complains, in good faith, to the authority about a suspected violation of RCW 74.09.210 may remain confidential if requested. The identity of the whistleblower must subsequently remain confidential unless the authority determines that the complaint was not made in good faith. (3) This section does not prohibit an employer from exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower. The protections provided to whistleblowers under this chapter do not prevent an employer from: (a) Terminating, suspending, or disciplining a whistleblower for other lawful purposes; or (b) reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements. The authority shall determine if the employer cannot meet payroll in cases where a whistleblower has been terminated or had hours of employment reduced due to the inability of a facility to meet payroll. (4) The authority shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter. The authority shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes.
RCW 74.09.770 — Washington Code / Title 74 / Chapter 09 / Section 770
RCW 74.09.770: Maternity care access system established.
Status: in_force

(1) The legislature finds that Washington state and the nation as a whole have a high rate of infant illness and death compared with other industrialized nations. This is especially true for minority and low-income populations. Premature and low weight births have been directly linked to infant illness and death. The availability of adequate maternity care throughout the course of pregnancy has been identified as a major factor in reducing infant illness and death. Further, the investment in preventive health care programs, such as maternity care, contributes to the growth of a healthy and productive society and is a sound approach to health care cost containment. The legislature further finds that access to maternity care for low-income women in the state of Washington has declined significantly in recent years and has reached a crisis level. (2) It is the purpose of this subchapter to provide, consistent with appropriated funds, maternity care necessary to ensure healthy birth outcomes for low-income families. To this end, a maternity care access system is established based on the following principles: (a) The family is the fundamental unit in our society and should be supported through public policy. (b) Access to maternity care for eligible persons to ensure healthy birth outcomes should be made readily available in an expeditious manner through a single service entry point. (c) Unnecessary barriers to maternity care for eligible persons should be removed. (d) Access to preventive and other health care services should be available for low-income children. (e) Each woman should be encouraged to and assisted in making her own informed decisions about her maternity care. (f) Unnecessary barriers to the provision of maternity care by qualified health professionals should be removed. (g) The system should be sensitive to cultural differences among eligible persons. (h) To the extent possible, decisions about the scope, content, and delivery of services should be made at the local level involving a broad representation of community interests. (i) The maternity care access system should be evaluated at appropriate intervals to determine effectiveness and need for modification. (j) Maternity care services should be delivered in a cost-effective manner.
RCW 74.66.005 — Washington Code / Title 74 / Chapter 66 / Section 005
RCW 74.66.005: Short title.
Status: in_force

This chapter may be known and cited as the medicaid fraud false claims act.
RCW 74.14C.065 — Washington Code / Title 74 / Chapter 14C / Section 065
RCW 74.14C.065: Federal funds.
Status: in_force

Any federal funds made available under RCW 74.14C.060 shall be used to supplement and shall not supplant state funds to carry out the purposes of this chapter. However, during the 1995-97 fiscal biennium, federal funds made available under RCW 74.14C.060 may be used to supplant state funds to carry out the purposes of this chapter.
RCW 74.39A.800 — Washington Code / Title 74 / Chapter 39A / Section 800
RCW 74.39A.800: Changes to agreements—Performance of duties.
Status: in_force

(1) If any provision of chapter 1, Laws of 2012 triggers changes to an agreement reached under RCW 74.39A.300 , the changes must go into effect immediately without need for legislative approval. (2) The requirements contained in RCW 74.39A.300 and chapter 1, Laws of 2012 constitute ministerial, mandatory, and nondiscretionary duties. Failure to fully perform such duties constitutes a violation of chapter 1, Laws of 2012. Any person may bring an action to require the governor or other responsible persons to perform such duties. Such action may be brought in the superior court, at the petitioner's option, for (a) Thurston county, or (b) the county of the petitioner's residence or principal place of business, or such action may be filed directly with the supreme court, which is hereby given original jurisdiction over such action.
RCW 74.09.010 — Washington Code / Title 74 / Chapter 09 / Section 010
RCW 74.09.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Authority" means the Washington state health care authority. (2) "Bidirectional integration" means integrating behavioral health services into primary care settings and integrating primary care services into behavioral health settings. (3) "Children's health program" means the health care services program provided to children under eighteen years of age and in households with incomes at or below the federal poverty level as annually defined by the federal department of health and human services as adjusted for family size, and who are not otherwise eligible for medical assistance or the limited casualty program for the medically needy. (4) "Chronic care management" means the health care management within a health home of persons identified with, or at high risk for, one or more chronic conditions. Effective chronic care management: (a) Actively assists patients to acquire self-care skills to improve functioning and health outcomes, and slow the progression of disease or disability; (b) Employs evidence-based clinical practices; (c) Coordinates care across health care settings and providers, including tracking referrals; (d) Provides ready access to behavioral health services that are, to the extent possible, integrated with primary care; and (e) Uses appropriate community resources to support individual patients and families in managing chronic conditions. (5) "Chronic condition" means a prolonged condition and includes, but is not limited to: (a) A mental health condition; (b) A substance use disorder; (c) Asthma; (d) Diabetes; (e) Heart disease; and (f) Being overweight, as evidenced by a body mass index over twenty-five. (6) "County" means the board of county commissioners, county council, county executive, or tribal jurisdiction, or its designee. (7) "Department" means the department of social and health services. (8) "Department of health" means the Washington state department of health created pursuant to RCW 43.70.020 . (9) "Director" means the director of the Washington state health care authority. (10) "Full benefit dual eligible beneficiary" means an individual who, for any month: Has coverage for the month under a medicare prescription drug plan or medicare advantage plan with part D coverage; and is determined eligible by the state for full medicaid benefits for the month under any eligibility category in the state's medicaid plan or a section 1115 demonstration waiver that provides pharmacy benefits. (11) "Health home" or "primary care health home" means coordinated health care provided by a licensed primary care provider coordinating all medical care services, and a multidisciplinary health care team comprised of clinical and nonclinical staff. The term "coordinating all medical care services" shall not be construed to require prior authorization by a primary care provider in order for a patient to receive treatment for covered services by an optometrist licensed under chapter 18.53 RCW. Primary care health home services shall include those services defined as health home services in 42 U.S.C. Sec. 1396w-4 and, in addition, may include, but are not limited to: (a) Comprehensive care management including, but not limited to, chronic care treatment and management; (b) Extended hours of service; (c) Multiple ways for patients to communicate with the team, including electronically and by phone; (d) Education of patients on self-care, prevention, and health promotion, including the use of patient decision aids; (e) Coordinating and assuring smooth transitions and follow-up from inpatient to other settings; (f) Individual and family support including authorized representatives; (g) The use of information technology to link services, track tests, generate patient registries, and provide clinical data; and (h) Ongoing performance reporting and quality improvement. (12) "Limited casualty program" means the medical care program provided to medically needy persons as defined under Title XIX of the federal social security act, and to medically indigent persons who are without income or resources sufficient to secure necessary medical services. (13) "Managed care organization" means any health care organization, including health care providers, insurers, health care service contractors, health maintenance organizations, health insuring organizations, or any other entity or combination thereof, that provides directly or by contract health care services covered under this chapter and rendered by licensed providers, on a prepaid capitated basis and that meets the requirements of section 1903(m)(1)(A) of Title XIX of the federal social security act or federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act. (14) "Medical assistance" means the federal aid medical care program provided to categorically needy persons as defined under Title XIX of the federal social security act. (15) "Medical care services" means the limited scope of care financed by state funds and provided to persons who are not eligible for medicaid under RCW 74.09.510 and who are eligible for the aged, blind, or disabled assistance program authorized in RCW 74.62.030 or the essential needs and housing support program pursuant to RCW 74.04.805 . (16) "Multidisciplinary health care team" means an interdisciplinary team of health professionals which may include, but is not limited to, medical specialists, nurses, pharmacists, nutritionists, dieticians, social workers, behavioral and mental health providers including substance use disorder prevention and treatment providers, doctors of chiropractic, physical therapists, licensed complementary and alternative medicine practitioners, home care and other long-term care providers, and physicians' assistants. (17) "Nursing home" means nursing home as defined in RCW 18.51.010 . (18) "Poverty" means the federal poverty level determined annually by the United States department of health and human services, or successor agency. (19) "Primary care behavioral health" means a health care integration model in which behavioral health care is colocated, collaborative, and integrated within a primary care setting. (20) "Primary care provider" means a general practice physician, family practitioner, internist, pediatrician, osteopathic physician, naturopath, physician assistant, and *advanced registered nurse practitioner licensed under Title 18 RCW. (21) "Secretary" means the secretary of social and health services. (22) "Whole-person care in behavioral health" means a health care integration model in which primary care services are integrated into a behavioral health setting either through colocation or community-based care management.
RCW 74.08A.010 — Washington Code / Title 74 / Chapter 08A / Section 010
RCW 74.08A.010: Time limits—Transitional food assistance.
Status: in_force

(1) A family that includes an adult who has received temporary assistance for needy families for 60 months after July 27, 1997, shall be ineligible for further temporary assistance for needy families assistance. (2) For the purposes of applying the rules of this section, the department shall count any month in which an adult family member received a temporary assistance for needy families cash assistance grant unless the assistance was provided when the adult family member was a minor child and not the head of the household or married to the head of the household. (3) The department shall refer recipients who require specialized assistance to appropriate department programs, crime victims' programs through the department of commerce, or the crime victims' compensation program of the department of labor and industries. (4) The department shall add to adopted rules related to temporary assistance for needy families time limit extensions, the following criteria by which the department shall exempt a recipient and the recipient's family from the application of subsection (1) of this section: (a) By reason of hardship, including when: (i) The recipient's family includes a child or youth who is without a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter VI, part B) as it existed on January 1, 2020; (ii) The recipient received temporary assistance for needy families during a month on or after March 1, 2020, when Washington state's unemployment rate as published by the Washington employment security department was equal to or greater than seven percent, and the recipient is otherwise eligible for temporary assistance for needy families except that they have exceeded 60 months. The extension provided for under this subsection (4)(a)(ii) is equal to the number of months that the recipient received temporary assistance for needy families during a month on or after March 1, 2020, when the unemployment rate was equal to or greater than seven percent, and is applied sequentially to any other hardship extensions that may apply under this subsection (4) or in rule; or (iii) Beginning July 1, 2022, the Washington state unemployment rate most recently published by the Washington employment security department is equal to or greater than seven percent; (b) If the family includes an individual who meets the family violence options of section 402(A)(7) of Title IVA of the federal social security act as amended by P.L. 104-193; or (c) If the recipient or applicant is a parent or legal guardian to a child under the age of two who lives in the same household and qualifies for an infant, toddler, or postpartum exemption from WorkFirst activities. (5) The department shall not exempt a recipient and his or her family from the application of subsection (1) of this section until after the recipient has received 52 months of assistance under this chapter. (6) The department shall provide transitional food assistance for a period of five months to a household that ceases to receive temporary assistance for needy families assistance and is not in full-family sanction status. If a member of a household has been sanctioned but the household is still receiving benefits, the remaining eligible household members may receive transitional food assistance. If necessary, the department shall extend the household's basic food certification until the end of the transition period. (7) The department may adopt rules specifying which published employment security department unemployment rates to use for the purposes of subsection (4)(a)(ii) and (iii) of this section.
RCW 74.09.340 — Washington Code / Title 74 / Chapter 09 / Section 340
RCW 74.09.340: Personal needs allowance, adjusted.
Status: in_force

(1) Except as provided in RCW 72.36.160 , beginning July 1, 2023, the personal needs allowance for clients being served in medical institutions and in residential settings is $100. (2) Beginning January 1, 2024, and each year thereafter, the personal needs allowance for clients being served in medical institutions and in residential settings shall: (a) Be adjusted for economic trends and conditions by increasing the allowance by the percentage cost-of-living adjustment for old-age, survivors, and disability social security benefits as published by the federal social security administration; and (b) Not exceed the maximum personal needs allowance permissible under the federal social security act. (3) Unless subject to a separate determination of a monthly maintenance needs allowance for a community spouse by authority rule, beginning July 1, 2022, the personal needs allowance for a client receiving home and community-based waiver services authorized by home and community services while living at home shall: (a) Be adjusted to an amount that is no less than 300 percent of the federal benefit rate; and (b) Not exceed the maximum personal needs allowance permissible under the federal social security act.
RCW 74.08A.120 — Washington Code / Title 74 / Chapter 08A / Section 120
RCW 74.08A.120: Immigrants and victims of human trafficking—Food assistance.
Status: in_force

(1) The department may establish a food assistance program for legal immigrants and victims of human trafficking as defined in RCW 74.04.005 who are ineligible for the federal food stamp program. (2) The rules for the state food assistance program shall follow exactly the rules of the federal food stamp program except for the provisions pertaining to immigrant status. (3) The benefit under the state food assistance program shall be established by the legislature in the biennial operating budget. (4) The department may enter into a contract with the United States department of agriculture to use the existing federal food stamp program coupon system for the purposes of administering the state food assistance program. (5) In the event the department is unable to enter into a contract with the United States department of agriculture, the department may issue vouchers to eligible households for the purchase of eligible foods at participating retailers.
RCW 74.20A.030 — Washington Code / Title 74 / Chapter 20A / Section 030
RCW 74.20A.030: Department subrogated to rights for support—Enforcement actions—Certain parents exempt.
Status: in_force

(1) The department shall be subrogated to the right of any dependent child or children or person having the care, custody, and control of said child or children, if public assistance money is paid to or for the benefit of the child, or for the care and maintenance of a child, including a child with a developmental disability if the child has been placed into care as a result of an action under chapter 13.34 RCW, under a state-funded program, or a program funded under Title IV-A or IV-E of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996, and the federal deficit reduction act of 2005, to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the state of Washington to obtain reimbursement of moneys expended, based on the support obligation of the responsible parent established by a child support order. Distribution of any support moneys shall be made in accordance with RCW 26.23.035 . (2) The department may initiate, continue, maintain, or execute an action to establish, enforce, and collect a support obligation, including establishing parentage and performing related services, under this chapter and chapter 74.20 RCW, or through the attorney general or prosecuting attorney under chapter 26.09 , 26.18, 26.20, 26.21A, 26.23, 26.26A, or 26.26B RCW or other appropriate statutes or the common law of this state, for so long as and under such conditions as the department may establish by regulation. (3) Public assistance moneys shall be exempt from collection action under this chapter except as provided in RCW 74.20A.270 . (4) No collection action shall be taken against parents of children eligible for admission to, or children who have been discharged from, a residential habilitation center as defined by RCW 71A.10.020 unless the child with a developmental disability is placed as a result of an action under chapter 13.34 RCW. The child support obligation shall be calculated pursuant to chapter 26.19 RCW.
RCW 74.70.090 — Washington Code / Title 74 / Chapter 70 / Section 090
RCW 74.70.090: Delayed implementation—Retroactive fees.
Status: in_force

If there is a delay in the implementation of this chapter for any reason, including a delay in any required approval of the quality assurance fee and reimbursement methodology specified by the federal centers for medicare and medicaid services, the following shall apply: (1) An ambulance transport provider may be assessed the amount the provider would be required to pay to the authority if the add-on increase to the fee-for-service payment schedule described in RCW 74.70.050 (2)(c) were already approved, but shall not be required to pay the fee until the add-on increase to the fee-for-service payment schedule described in RCW 74.70.060 is approved. The authority shall establish a schedule for payment of retroactive fees pursuant to this subsection in consultation with ambulance transport providers to minimize the disruption to the cash flow of ambulance transport providers. (2) The authority may retroactively implement the add-on increase to the fee-for-service payment schedule pursuant to RCW 74.70.060 to the extent the authority determines that federal financial participation is available.
RCW 74.42.510 — Washington Code / Title 74 / Chapter 42 / Section 510
RCW 74.42.510: Room for dining, recreation, social activities—Waiver.
Status: in_force

The facility shall provide one or more areas not used for corridor traffic for dining, recreation, and social activities. A multipurpose room may be used if it is large enough to accommodate all of the activities without the activities interfering with each other: PROVIDED, That the department may waive the provisions of this section for facilities constructed prior to January 1, 1980.
RCW 74.04.200 — Washington Code / Title 74 / Chapter 04 / Section 200
RCW 74.04.200: Standards—Established, enforced.
Status: in_force

It shall be the duty of the department of social and health services to establish statewide standards which may vary by geographical areas to govern the granting of assistance in the several categories of this title and it shall have power to compel compliance with such standards as a condition to the receipt of state and federal funds by counties for social security purposes.
RCW 74.39A.035 — Washington Code / Title 74 / Chapter 39A / Section 035
RCW 74.39A.035: Expansion of nutrition services through the meals on wheels program.
Status: in_force

(1) Subject to the availability of amounts appropriated for this specific purpose, the department of social and health services must develop a program to expand nutrition services through the meals on wheels program. (a) At least sixty-five percent of the moneys may be distributed according to formulae to existing providers of meals on wheels programs to expand the number of people served. (b) Up to twenty-five percent of the moneys may be distributed by a competitive grant process to expand the meals on wheels program into areas not presently being served. (c) Up to five percent of the moneys may be used by the department administration, monitoring of the grants, and providing technical assistance to existing and new meals on wheels providers. (2) The department must develop criteria for awarding grants under subsection (1)(b) of this section. The criteria must include, but is not limited to: (a) Expanding service in areas with the greatest need to assist low-income homebound seniors who are unable to prepare food for themselves and lack a caregiver that prepares meals; (b) Expanding services in areas where senior citizens have limited access to community support services and facilities; and (c) Geographic diversity within the state and between rural and urban areas. (3) None of the grant moneys awarded under subsection (1)(b) of this section may be used to supplant existing funds the provider receives for the meals on wheels program.
RCW 74.08.050 — Washington Code / Title 74 / Chapter 08 / Section 050
RCW 74.08.050: Applications for grants.
Status: in_force

Application for a grant in any category of public assistance shall be made to the county office by the applicant or by another on his or her behalf, and shall be reduced to writing upon standard forms prescribed by the department, and a written acknowledgment of receipt of the application by the department shall be given to each applicant at the time of making application.
RCW 74.42.057 — Washington Code / Title 74 / Chapter 42 / Section 057
RCW 74.42.057: Notification regarding resident likely to become medicaid eligible.
Status: in_force

If a nursing facility has reason to know that a resident is likely to become financially eligible for medicaid benefits within one hundred eighty days, the nursing facility shall notify the patient or his or her representative and the department. The department may: (1) Assess any such resident to determine if the resident prefers and could live appropriately at home or in some other community-based setting; and (2) Provide case management services to the resident.
RCW 74.64.020 — Washington Code / Title 74 / Chapter 64 / Section 020
RCW 74.64.020: Contracting for services.
Status: in_force

(1) Not later than September 1, 2012, the authority shall issue a request for information to seek input from potential contractors on capabilities that the authority does not currently possess, functions that the authority is not currently performing, and the cost structures associated with implementing: (a) Advanced predictive modeling and analytics technologies to provide a comprehensive and accurate view across all providers, enrollees, and geographic locations within the medical services programs in order to: (i) Identify and analyze those billing or utilization patterns that represent a high risk of fraudulent activity; (ii) Be integrated into the existing medical services programs claims operations; (iii) Undertake and automate such analysis before payment is made to minimize disruptions to agency operations and speed claim resolution; (iv) Prioritize such identified transactions for additional review before payment is made based on the likelihood of potential waste, fraud, or abuse; (v) Obtain outcome information from adjudicated claims to allow for refinement and enhancement of the predictive analytics technologies based on historical data and algorithms with the system; (vi) Prevent the payment of claims for reimbursement that have been identified as potentially wasteful, fraudulent, or abusive until the claims have been automatically verified as valid; (b) Provider and enrollee data verification and screening technology solutions, which may use publicly available records, for the purposes of automating reviews and identifying and preventing inappropriate payments by: (i) Identifying associations between providers, practitioners, and beneficiaries which indicate rings of collusive fraudulent activity; and (ii) Discovering enrollee attributes which indicate improper eligibility , including, but not limited to, death, out-of-state residence, inappropriate asset ownership, or incarceration; and (c) Fraud investigation services that combine retrospective claims analysis and prospective waste, fraud, or abuse detection techniques. These services must include analysis of historical claims data, medical records, suspect provider databases, and high-risk identification lists, as well as direct enrollee and provider interviews. Emphasis must be placed on providing education to providers and allowing them the opportunity to review and correct any problems identified prior to adjudication. (2) The authority is encouraged to use the results of the request for information to create a formal request for proposals to carry out the work identified in this section if the following conditions are met: (a) The authority expects to generate state savings by preventing fraud, waste, and abuse; (b) This work can be integrated into the authority's current medical services claims operations without creating additional costs to the state; (c) The reviews or audits are not anticipated to delay or improperly deny the payment of legitimate claims to providers.
RCW 74.39A.300 — Washington Code / Title 74 / Chapter 39A / Section 300
RCW 74.39A.300: Funding process—Department-contracted individual providers.
Status: in_force

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.
RCW 74.15.038 — Washington Code / Title 74 / Chapter 15 / Section 038
RCW 74.15.038: Harm to child or client by individual hired by contracted agency—Department not liable.
Status: in_force

If an agency operating under contract with the department chooses to hire an individual that would be precluded from employment with the department based on a disqualifying crime or negative action, the department and its officers and employees have no liability arising from any injury or harm to a child or other department client that is attributable to such individual.
RCW 74.09.675 — Washington Code / Title 74 / Chapter 09 / Section 675
RCW 74.09.675: Gender-affirming care services—Prohibited discrimination.
Status: in_force

(1) In the provision of gender-affirming care services through programs under this chapter, the authority, managed care plans, and providers that administer or deliver such services may not discriminate in the delivery of a service provided through a program of the authority based on the covered person's gender identity or expression. (2) Beginning January 1, 2022: (a) The authority and any managed care plans delivering or administering services purchased or contracted for by the authority may not apply categorical cosmetic or blanket exclusions to gender-affirming treatment. (b) Facial feminization surgeries and facial gender-affirming treatment, such as tracheal shaves, hair electrolysis, and other care such as mastectomies, breast reductions, breast implants, or any combination of gender-affirming procedures, including revisions to prior treatment, when prescribed as gender-affirming treatment, may not be excluded as cosmetic. (c) The authority and managed care plans administering services purchased or contracted for by the authority may not issue an adverse benefit determination denying or limiting access to gender-affirming treatment, unless a health care provider with experience prescribing or delivering gender-affirming treatment has reviewed and confirmed the appropriateness of the adverse benefit determination. (d) If the authority and managed care plans administering services purchased or contracted for by the authority do not have an adequate network for gender-affirming treatment, they shall ensure the delivery of timely and geographically accessible medically necessary gender-affirming treatment at no greater expense than if they had an in-network, geographically accessible provider available. This includes, but is not limited to, providing case management services to secure out-of-network gender-affirming treatment options that are available to the enrollee in a timely manner within their geographic region. The enrollee shall pay no more than the same cost sharing that the enrollee would pay for the same covered services received from an in-network provider. (3) For the purposes of this section, "gender-affirming treatment" means a service or product that a health care provider, as defined in RCW 70.02.010 , prescribes to an individual to support and affirm the individual's gender identity. Gender-affirming treatment includes, but is not limited to, treatment for gender dysphoria. Gender-affirming treatment can be prescribed to two spirit, transgender, nonbinary, and other gender diverse individuals. (4) Nothing in this section may be construed to mandate coverage of a service that is not medically necessary. (5) The authority shall adopt rules necessary to implement this section.
RCW 74.20A.326 — Washington Code / Title 74 / Chapter 20A / Section 326
RCW 74.20A.326: License suspension—Payment schedule arrangements.
Status: in_force

(1) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice provided in RCW 74.20A.320 and requests arrangement of a payment schedule, the department shall stay the certification of noncompliance during negotiation of the schedule for payment of arrears up to thirty days from the date of contact by the responsible parent. (2) In proposing or approving a written payment schedule, the department or the administrative law judge shall take into consideration the amount of the arrearages, the amount of the current support order, the earnings of the responsible parent, and the needs of all children who rely on the responsible parent for support. The department or administrative law judge shall consider the individual financial circumstances of each responsible parent in evaluating the parent's ability to pay any proposed payment schedule and shall propose a fair and reasonable payment schedule tailored to the individual financial circumstances of the responsible parent. A payment schedule may include a graduated payment plan and may require a responsible parent to engage in employment-enhancing activities to attain a satisfactory payment level. (3) A payment schedule may be for the payment of less than current monthly support for a reasonable time and is not required to include a lump sum payment for the amount of arrears.
RCW 74.13.334 — Washington Code / Title 74 / Chapter 13 / Section 334
RCW 74.13.334: Department procedures to respond to foster parents' complaints.
Status: in_force

The department shall develop procedures for responding to recommendations of the office of the family and children's ombuds as a result of any and all complaints filed by foster parents under RCW 74.13.333 .
RCW 74.08.280 — Washington Code / Title 74 / Chapter 08 / Section 280
RCW 74.08.280: Payments to persons incapable of self-care—Protective payee services.
Status: in_force

If any person receiving public assistance has demonstrated an inability to care for oneself or for money, the department may direct the payment of the installments of public assistance to any responsible person, social service agency, or corporation or to a legally appointed guardian for his or her benefit. The state may contract with persons, social service agencies, or corporations approved by the department to provide protective payee services for a fixed amount per recipient receiving protective payee services to cover administrative costs. The department may by rule specify a fee to cover administrative costs. Such fee shall not be withheld from a recipient's grant. If the state requires the appointment of a guardian for this purpose, the department shall pay all costs and reasonable fees as fixed by the court.
RCW 74.04.800 — Washington Code / Title 74 / Chapter 04 / Section 800
RCW 74.04.800: Incarcerated parents—Policies to encourage family contact and engagement.
Status: in_force

(1)(a) The secretary of social and health services and the secretary of the department of children, youth, and families shall review current department policies and assess the adequacy and availability of programs targeted at persons who receive services through the department who are the children and families of a person who is incarcerated in a department of corrections facility. Great attention shall be focused on programs and policies affecting foster youth who have a parent who is incarcerated. (b) The secretary of social and health services and the secretary of the department of children, youth, and families shall adopt policies that encourage familial contact and engagement between inmates of the department of corrections facilities and their children with the goal of facilitating normal child development, while reducing recidivism and intergenerational incarceration. Programs and policies should take into consideration the children's need to maintain contact with his or her parent, the inmate's ability to develop plans to financially support their children, assist in reunification when appropriate, and encourage the improvement of parenting skills where needed. The programs and policies should also meet the needs of the child while the parent is incarcerated. (2) The secretary of social and health services and the secretary of the department of children, youth, and families shall conduct the following activities to assist in implementing the requirements of subsection (1) of this section: (a) Gather information and data on the recipients of public assistance, or children in the care of the state under chapter 13.34 RCW, who are the children and families of inmates incarcerated in department of corrections facilities; and (b) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee.
RCW 74.09.645 — Washington Code / Title 74 / Chapter 09 / Section 645
RCW 74.09.645: Opioid use disorder—Coverage without prior authorization.
Status: in_force

All medicaid contracted managed care organizations shall provide coverage without prior authorization of at least one federal food and drug administration approved product for the treatment of opioid use disorder in the drug classes opioid agonists, opioid antagonists, and opioid partial agonists.
RCW 74.20.360 — Washington Code / Title 74 / Chapter 20 / Section 360
RCW 74.20.360: Orders for genetic testing.
Status: in_force

(1) The division of child support may issue an order for genetic testing when providing services under this chapter and Title IV-D of the federal social security act if genetic testing: (a) Is appropriate in an action under chapter 26.26A RCW, the uniform parentage act; (b) Is appropriate in an action to establish support under RCW 74.20A.056 ; or (c) Would assist the parties or the division of child support in determining whether it is appropriate to proceed with an action to establish or disestablish parentage. (2) The order for genetic testing shall be served on the alleged genetic parent or parents and the legal parent by personal service or by any form of mail requiring a return receipt. (3) Within twenty days of the date of service of an order for genetic testing, any party required to appear for genetic testing, the child, or a guardian on the child's behalf, may petition in superior court under chapter 26.26A RCW to bar or postpone genetic testing. (4) The order for genetic testing shall contain: (a) An explanation of the right to proceed in superior court under subsection (3) of this section; (b) Notice that if no one proceeds under subsection (3) of this section, the agency issuing the order will schedule genetic testing and will notify the parties of the time and place of testing by regular mail; (c) Notice that the parties must keep the agency issuing the order for genetic testing informed of their residence address and that mailing a notice of time and place for genetic testing to the last known address of the parties by regular mail constitutes valid service of the notice of time and place; (d) Notice that the order for genetic testing may be enforced through: (i) Public assistance grant reduction for noncooperation, pursuant to agency rule, if the child and custodian are receiving public assistance; (ii) Termination of support enforcement services under Title IV-D of the federal social security act if the child and custodian are not receiving public assistance; (iii) A referral to superior court for an appropriate action under chapter 26.26A RCW; or (iv) A referral to superior court for remedial sanctions under RCW 7.21.060 . (5) The department may advance the costs of genetic testing under this section. (6) If an action is pending under chapter 26.26A RCW, a judgment for reimbursement of the cost of genetic testing may be awarded under RCW 26.26A.330 . (7) If no action is pending in superior court, the department may impose an obligation to reimburse costs of genetic testing according to rules adopted by the department to implement RCW 74.20A.056 .
RCW 74.34.025 — Washington Code / Title 74 / Chapter 34 / Section 025
RCW 74.34.025: Limitation on recovery for protective services and benefits.
Status: in_force

The cost of benefits and services provided to a vulnerable adult under this chapter with state funds only does not constitute an obligation or lien and is not recoverable from the recipient of the services or from the recipient's estate, whether by lien, adjustment, or any other means of recovery.
RCW 74.20A.260 — Washington Code / Title 74 / Chapter 20A / Section 260
RCW 74.20A.260: Industrial insurance disability payments subject to collection by office of support enforcement.
Status: in_force

Disability payments made pursuant to Title 51 RCW shall be classified as earnings and shall be subject to collection action by the office for support enforcement under this chapter and all other applicable state statutes.
RCW 74.14A.900 — Washington Code / Title 74 / Chapter 14A / Section 900
RCW 74.14A.900: Short title—1983 c 192.
Status: in_force

This act may be known and cited as the "children and family services act."
RCW 74.42.230 — Washington Code / Title 74 / Chapter 42 / Section 230
RCW 74.42.230: Physician or authorized practitioner to prescribe medication—Communication of order by licensed nurse, pharmacist, or another physician.
Status: in_force

(1) The resident's attending or staff physician or authorized practitioner approved by the attending physician shall order all medications for the resident. The order may be oral or written and shall continue in effect until discontinued by a physician or other authorized prescriber, unless the order is specifically limited by time. An "authorized practitioner," as used in this section, is a registered nurse under chapter 18.79 RCW when authorized by the state board of nursing, a physician assistant under chapter 18.71A RCW when authorized by the Washington medical commission, or a pharmacist under chapter 18.64 RCW when authorized by the pharmacy quality assurance commission. (2) An oral order shall be given only to a licensed nurse, pharmacist, or another physician. The oral order shall be recorded and physically or electronically signed immediately by the person receiving the order. The attending physician shall sign the record of the oral order in a manner consistent with good medical practice. (3) A licensed nurse, pharmacist, or another physician receiving and recording an oral order may, if so authorized by the physician or authorized practitioner, communicate that order to a pharmacy on behalf of the physician or authorized practitioner. The order may be communicated verbally by telephone, by facsimile manually signed by the person receiving the order pursuant to subsection (2) of this section, or by electronic transmission pursuant to RCW 69.41.055 . The communication of a resident's order to a pharmacy by a licensed nurse, pharmacist, or another physician acting at the prescriber's direction has the same force and effect as if communicated directly by the delegating physician or authorized practitioner. Nothing in this provision limits the authority of a licensed nurse, pharmacist, or physician to delegate to an authorized agent, including but not limited to delegation of operation of a facsimile machine by credentialed facility staff, to the extent consistent with his or her professional license.
RCW 74.38.040 — Washington Code / Title 74 / Chapter 38 / Section 040
RCW 74.38.040: Scope and extent of community-based services program.
Status: in_force

The community-based services for low-income eligible persons provided by the department or the respective area agencies may include: (1) Access services designed to provide identification of eligible persons, assessment of individual needs, reference to the appropriate service, and follow-up service where required. These services shall include information and referral, outreach, transportation, and counseling; (2) Day care offered on a regular, recurrent basis. General nursing, rehabilitation, personal care, nutritional services, social casework, mental health as provided pursuant to chapter 71.24 RCW, and/or limited transportation services may be made available within this program; (3) In-home care for persons, including basic health care; performance of various household tasks and other necessary chores, or, a combination of these services; (4) Counseling on death for the terminally ill and care and attendance at the time of death; except, that this is not to include reimbursement for the use of life-sustaining mechanisms; (5) Health services which will identify health needs and which are designed to avoid institutionalization; assist in securing admission to medical institutions or other health related facilities when required; and, assist in obtaining health services from public or private agencies or providers of health services. These services shall include health screening and evaluation, in-home services, health education, and such health appliances which will further the independence and well-being of the person; (6) The provision of low-cost, nutritionally sound meals in central locations or in the person's home in the instance of incapacity. Also, supportive services may be provided in nutritional education, shopping assistance, diet counseling, and other services to sustain the nutritional well-being of these persons; (7) The provisions of services to maintain a person's home in a state of adequate repair, insofar as is possible, for their safety and comfort. These services shall be limited, but may include housing counseling, minor repair and maintenance, and moving assistance when such repair will not attain standards of health and safety, as determined by the department; (8) Civil legal services, as limited by RCW 2.50.100 , for counseling and representation in the areas of housing, consumer protection, public entitlements, property, and related fields of law; (9) Long-term care ombuds programs for residents of all long-term care facilities.
RCW 74.09.290 — Washington Code / Title 74 / Chapter 09 / Section 290
RCW 74.09.290: Audits and investigations of providers—Patient records—Penalties.
Status: in_force

The secretary or director shall have the authority to: (1) Conduct audits and investigations of providers of medical and other services furnished pursuant to this chapter or other applicable law, except that the Washington medical commission shall generally serve in an advisory capacity to the secretary or director in the conduct of audits or investigations of physicians. Any overpayment discovered as a result of an audit of a provider under this authority shall be offset by any underpayments discovered in that same audit sample. In order to determine the provider's actual, usual, customary, or prevailing charges, the secretary or director may examine such random representative records as necessary to show accounts billed and accounts received except that in the conduct of such examinations, patient names, other than public assistance applicants or recipients, shall not be noted, copied, or otherwise made available to the department or authority. In order to verify costs incurred by the department or authority for treatment of public assistance applicants or recipients, the secretary or director may examine patient records or portions thereof in connection with services to such applicants or recipients rendered by a health care provider, notwithstanding the provisions of RCW 5.60.060 , 18.53.200 , 18.83.110 , or any other statute which may make or purport to make such records privileged or confidential: PROVIDED, That no original patient records shall be removed from the premises of the health care provider, and that the disclosure of any records or information by the department or the authority is prohibited and shall be punishable as a class C felony according to chapter 9A.20 RCW, unless such disclosure is directly connected to the official purpose for which the records or information were obtained: PROVIDED FURTHER, That the disclosure of patient information as required under this section shall not subject any physician or other health services provider to any liability for breach of any confidential relationship between the provider and the patient, but no evidence resulting from such disclosure may be used in any civil, administrative, or criminal proceeding against the patient unless a waiver of the applicable evidentiary privilege is obtained: PROVIDED FURTHER, That the secretary or director shall destroy all copies of patient medical records in their possession upon completion of the audit, investigation or proceedings; (2) Approve or deny applications to participate as a provider of services furnished pursuant to this chapter or other applicable law; (3) Terminate or suspend eligibility to participate as a provider of services furnished pursuant to this chapter or other applicable law; and (4) Adopt, promulgate, amend, and repeal administrative rules, in accordance with the administrative procedure act, chapter 34.05 RCW, to carry out the policies and purposes of this section and RCW 74.09.200 through 74.09.280 .
RCW 74.12.310 — Washington Code / Title 74 / Chapter 12 / Section 310
RCW 74.12.310: Placement of child with other relatives.
Status: in_force

When intensive efforts over a reasonable period have failed to improve the home conditions, the department shall determine if any other relatives specified by the social security act are maintaining a suitable home and are willing to take the care and custody of the child in their home. Upon an affirmative finding the department shall, if the parents or relatives with whom the child is living consent, take the necessary steps for placement of the child with such other relatives, but if the parents or relatives with whom the child lives refuse their consent to the placement then the department shall file a petition in the juvenile court for a decree adjudging the home unsuitable and placing the dependent child with such other relatives.
RCW 74.09.390 — Washington Code / Title 74 / Chapter 09 / Section 390
RCW 74.09.390: Access to baby and child dentistry program—Coverage for eligible children—Authority's duties—Report to legislature.
Status: in_force

(1) Subject to the availability of amounts appropriated for this specific purpose, the authority shall expand the access to baby and child dentistry (ABCD) program to include eligible children as clients. (2) Once enrolled in the program, eligible children must be covered until their thirteenth birthday. (3) Eligible children enrolled in the program shall receive all services and benefits received by program clients. (4) The authority shall pay enhanced fees for program services provided to eligible children enrolled in the program to dentists, primary care providers, and dental hygienists certified to provide program services. To receive certification to provide program services to eligible children, a dentist, primary care provider, or dental hygienist must: (a) Be licensed under Title 18 RCW; and (b) Complete a course on treating eligible children as defined by the authority in rule. (5) On or before December 15, 2020, and on or before December 15, 2021, the authority, in consultation with any organizations administering the program, shall provide a report, in compliance with RCW 43.01.036 , to the health care and fiscal committees of the legislature, to include: (a) The number of dentists, primary care providers, and dental hygienists participating in the program; and (b) The number of eligible children who received treatment through the program. (6) For purposes of this section: (a) "Eligible children" means all individuals who meet clinical criteria established by the authority, who are under the age of thirteen with a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological condition closely related to an intellectual disability or that requires treatment similar to that required for persons with intellectual disabilities, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to such individual, who are eligible for one of the following medical assistance programs: (i) Categorically needy program; (ii) Limited casualty program-medically needy program; (iii) Children's health program; or (iv) State children's health insurance program. (b) "Program" means the access to baby and child dentistry program as established by WAC 182-535-1245 or successor rule.
RCW 74.09A.900 — Washington Code / Title 74 / Chapter 09A / Section 900
RCW 74.09A.900: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 74.09.658 — Washington Code / Title 74 / Chapter 09 / Section 658
RCW 74.09.658: Home health—Reimbursement—Telemedicine.
Status: in_force

(1) The home health program shall require registered nurse oversight and intervention, as appropriate. In-person contact between a home health care registered nurse and a patient is not required under the state's medical assistance program for home health services that are: (a) Delivered with the assistance of telemedicine and (b) otherwise eligible for reimbursement as a medically necessary skilled home health nursing visit under the program. (2) The department or authority, as appropriate, in consultation with home health care service providers shall develop reimbursement rules and, in rule, define the requirements that must be met for a reimbursable skilled nursing visit when services are rendered without a face-to-face visit and are assisted by telemedicine. (3)(a) The department or authority, as appropriate, shall establish the reimbursement rate for skilled home health nursing services delivered with the assistance of telemedicine that meet the requirements of a reimbursable visit as defined by the department or authority, as appropriate. (b) Reimbursement is not provided for purchase or lease of telemedicine equipment. (4) Any home health agency licensed under chapter 70.127 RCW and eligible for reimbursement under the medical programs authorized under this chapter may be reimbursed for services under this section if the service meets the requirements for a reimbursable skilled nursing visit. (5) Nothing in this section shall be construed to alter the scope of practice of any home health care services provider or authorizes the delivery of home health care services in a setting or manner not otherwise authorized by law. (6) The use of telemedicine is not intended to replace registered nurse health care visits when necessary. (7) For the purposes of this section, "telemedicine" means the use of telemonitoring to enhance the delivery of certain home health medical services through: (a) The provision of certain education related to health care services using audio, video, or data communication instead of a face-to-face visit; or (b) The collection of clinical data and the transmission of such data between a patient at a distant location and the home health provider through electronic processing technologies. Objective clinical data that may be transmitted includes, but is not limited to, weight, blood pressure, pulse, respirations, blood glucose, and pulse oximetry.
RCW 74.39A.150 — Washington Code / Title 74 / Chapter 39A / Section 150
RCW 74.39A.150: Chore services for persons with disabilities—Eligibility.
Status: in_force

(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.
RCW 74.08A.904 — Washington Code / Title 74 / Chapter 08A / Section 904
RCW 74.08A.904: Severability—1997 c 58.
Status: in_force

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.
RCW 74.46.496 — Washington Code / Title 74 / Chapter 46 / Section 496
RCW 74.46.496: Case mix weights—Determination.
Status: in_force

(1) Each case mix classification group shall be assigned a case mix weight. The case mix weight for each resident of a nursing facility for each calendar quarter or six-month period during a calendar year shall be based on data from resident assessment instruments completed for the resident and weighted by the number of days the resident was in each case mix classification group. Days shall be counted as provided in this section. (2) The case mix weights shall be based on finalized case mix weights as published by the centers for medicare and medicaid services in the federal register.
RCW 74.15.030 — Washington Code / Title 74 / Chapter 15 / Section 030
RCW 74.15.030: Powers and duties of secretary.
Status: in_force

The secretary shall have the power and it shall be the secretary's duty: (1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto; (2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed. The minimum requirements shall be limited to: (a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license; (b) Obtaining background information and any out-of-state equivalent, to determine whether the applicant or service provider is disqualified and to determine the character, competence, and suitability of an agency, the agency's employees, volunteers, and other persons associated with an agency; (c) Conducting background checks for those who will or may have unsupervised access to children or expectant mothers; however, a background check is not required if a caregiver approves an activity pursuant to the prudent parent standard contained in RCW 74.13.710 ; (d) Obtaining child protective services information or records maintained in the department case management information system. No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under this chapter; (e) Submitting a fingerprint-based background check through the Washington state patrol under chapter 10.97 RCW and through the federal bureau of investigation for: (i) Agencies and their staff, volunteers, students, and interns when the agency is seeking license or relicense; (ii) Foster care and adoption placements; and (iii) Any adult living in a home where a child may be placed; (f) If any adult living in the home has not resided in the state of Washington for the preceding five years, the department shall review any child abuse and neglect registries maintained by any state where the adult has resided over the preceding five years; (g) The cost of fingerprint background check fees will be paid as required in RCW 43.43.837 ; (h) The capacity to roll, print, or scan fingerprints in the department's early learning and child welfare offices for the purposes of Washington state patrol and federal bureau of investigation fingerprint-based background checks as provided in RCW 43.216.270 (5); (i) National and state background information must be used solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children or expectant mothers; (j) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license; (k) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children or expectant mothers; (l) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served; (m) The financial ability of an agency to comply with minimum requirements established pursuant to this chapter and RCW 74.13.031 ; and (n) The maintenance of records pertaining to the admission, progress, health and discharge of persons served; (3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children or expectant mothers prior to authorizing that person to care for children or expectant mothers. However, if a child is placed with a relative under RCW 13.34.065 or 13.34.130 , and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement; (4) On reports of alleged child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including agencies or facilities operated by the department of social and health services that receive children for care outside their own homes, child day-care centers, and family day-care homes, to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate; (5) To issue, revoke, or deny licenses to agencies pursuant to this chapter and RCW 74.13.031 . Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served; (6) To prescribe the procedures and the form and contents of reports necessary for the administration of this chapter and RCW 74.13.031 and to require regular reports from each licensee; (7) To inspect agencies periodically to determine whether or not there is compliance with this chapter and RCW 74.13.031 and the requirements adopted hereunder; (8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and (9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children or expectant mothers.
RCW 74.08.100 — Washington Code / Title 74 / Chapter 08 / Section 100
RCW 74.08.100: Age and residency verification—Felony.
Status: in_force

Proof of age and length of residence in the state of any applicant may be established as provided by the rules and regulations of the department: PROVIDED, That if an applicant is unable to establish proof of age or length of residence in the state by any other method he or she may make a statement under oath of his or her age on the date of application or the length of his or her residence in the state, before any judge of the superior court, any judge of the court of appeals, or any justice of the supreme court of the state of Washington, and such statement shall constitute sufficient proof of age of applicant or of length of residence in the state: PROVIDED HOWEVER, That any applicant who willfully makes a false statement as to his or her age or length of residence in the state under oath before a judge of the superior court, a judge of the court of appeals, or a justice of the supreme court, as provided above, shall be guilty of a class B felony punishable according to chapter 9A.20 RCW.
RCW 74.42.225 — Washington Code / Title 74 / Chapter 42 / Section 225
RCW 74.42.225: Self-medication programs for residents—Educational program—Implementation.
Status: in_force

The department shall develop an educational program for attending and staff physicians and patients on self-medication. The department shall actively encourage the implementation of such self-medication programs for residents.
RCW 74.08A.901 — Washington Code / Title 74 / Chapter 08A / Section 901
RCW 74.08A.901: Part headings, captions, table of contents not law—1997 c 58.
Status: in_force

Part headings, captions, and the table of contents used in this act are not any part of the law.
RCW 74.09.600 — Washington Code / Title 74 / Chapter 09 / Section 600
RCW 74.09.600: Post audit examinations by state auditor.
Status: in_force

Nothing in this chapter shall preclude the state auditor from conducting post audit examinations of public funds pursuant to RCW 43.09.330 or other applicable law.
RCW 74.42.620 — Washington Code / Title 74 / Chapter 42 / Section 620
RCW 74.42.620: Departmental rules.
Status: in_force

The department shall adopt rules pursuant to chapter 34.05 RCW necessary to carry out the policies and provisions of RCW 74.42.010 through 74.42.570 . The department shall amend or repeal any rules that are in conflict with RCW 74.42.010 through 74.42.570 .
RCW 74.09.820 — Washington Code / Title 74 / Chapter 09 / Section 820
RCW 74.09.820: Maternity care provider's loan repayment program.
Status: in_force

To the extent that federal matching funds are available, the authority or the department of health shall establish, in consultation with the health science programs of the state's colleges and universities, and community health clinics, a loan repayment program that will encourage maternity care providers to practice in medically underserved areas in exchange for repayment of part or all of their health education loans.
RCW 74.29.005 — Washington Code / Title 74 / Chapter 29 / Section 005
RCW 74.29.005: Purpose.
Status: in_force

The purposes of this chapter are (1) to rehabilitate individuals with disabilities who have a barrier to employment so that they may prepare for and engage in a gainful occupation; (2) to provide persons with physical, mental, or sensory disabilities with a program of services which will result in greater opportunities for them to enter more fully into life in the community; (3) to promote activities which will assist individuals with disabilities to become self-sufficient and self-supporting; and (4) to encourage and develop community rehabilitation programs, job support services, and other resources needed by individuals with disabilities.
RCW 74.15.200 — Washington Code / Title 74 / Chapter 15 / Section 200
RCW 74.15.200: Child abuse and neglect prevention training to parents and day care providers.
Status: in_force

The department shall have primary responsibility for providing child abuse and neglect prevention training to parents and licensed child day care providers of preschool age children participating in day care programs meeting the requirements of chapter 74.15 RCW. The department may limit training under this section to trainers' workshops and curriculum development using existing resources.
RCW 74.34.170 — Washington Code / Title 74 / Chapter 34 / Section 170
RCW 74.34.170: Services of department discretionary—Funding.
Status: in_force

The provision of services under RCW * 74.34.030 , 74.34.040 , 74.34.050 , and ** 74.34.100 through 74.34.160 are discretionary and the department shall not be required to expend additional funds beyond those appropriated.
RCW 74.20.340 — Washington Code / Title 74 / Chapter 20 / Section 340
RCW 74.20.340: Employees' case workload standards.
Status: in_force

The department shall develop workload standards for each employee classification involved in support enforcement activities for each category of support enforcement cases.
RCW 74.08.025 — Washington Code / Title 74 / Chapter 08 / Section 025
RCW 74.08.025: Eligibility for public assistance—Temporary assistance for needy families—Limitations for drug or alcohol-dependent persons.
Status: in_force

(1) Public assistance may be awarded to any applicant: (a) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and (b) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and (c) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act. (2) Any person otherwise qualified for temporary assistance for needy families who is assessed through the state alcohol and substance abuse program as drug or alcohol-dependent and requiring treatment to become employable shall be required by the department to participate in a drug or alcohol treatment program as a condition of benefit receipt. (3) Pursuant to 21 U.S.C. 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. 862a(a)(1) and (2) to ensure eligibility for temporary assistance for needy families benefits and federal food assistance.
RCW 74.39A.009 — Washington Code / Title 74 / Chapter 39A / Section 009
RCW 74.39A.009: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adult family home" means a home licensed under chapter 70.128 RCW. (2) "Adult residential care" means services provided by an assisted living facility that is licensed under chapter 18.20 RCW and that has a contract with the department under RCW 74.39A.020 to provide personal care services. (3) "Assisted living facility" means a facility licensed under chapter 18.20 RCW. (4) "Assisted living services" means services provided by an assisted living facility that has a contract with the department under RCW 74.39A.010 to provide personal care services, intermittent nursing services, and medication administration services; and the facility provides these services to residents who are living in private apartment-like units. (5) "Community residential service business" means a business that: (a) Is certified by the department of social and health services to provide to individuals who have a developmental disability as defined in RCW 71A.10.020 (6): (i) Group home services; (ii) Group training home services; (iii) Supported living services; or (iv) Voluntary placement services provided in a licensed staff residential facility for children; (b) Has a contract with the developmental disabilities administration to provide the services identified in (a) of this subsection; and (c) All of the business's long-term care workers are subject to statutory or regulatory training requirements that are required to provide the services identified in (a) of this subsection. (6) "Consumer" or "client" means a person who is receiving or has applied for services under this chapter, including a person who is receiving services from an individual provider. (7) "Consumer directed employer" is a private entity that contracts with the department to be the legal employer of individual providers. The consumer directed employer is patterned after the agency with choice model, recognized by the federal centers for medicare and medicaid services for financial management in consumer directed programs. The entity's responsibilities are described in RCW 74.39A.515 and throughout this chapter and include: (a) Coordination with the consumer, who is the individual provider's managing employer; (b) withholding, filing, and paying income and employment taxes, including workers' compensation premiums and unemployment taxes, for individual providers; (c) verifying an individual provider's qualifications; and (d) providing other administrative and employment-related supports. The consumer directed employer is a social service agency and its employees are mandated reporters as defined in RCW 74.34.020 . (8) "Core competencies" means basic training topics, including but not limited to, communication skills, worker self-care, problem solving, maintaining dignity, consumer directed care, cultural sensitivity, body mechanics, fall prevention, skin and body care, long-term care worker roles and boundaries, supporting activities of daily living, and food preparation and handling. (9) "Cost-effective care" means care provided in a setting of an individual's choice that is necessary to promote the most appropriate level of physical, mental, and psychosocial well-being consistent with client choice, in an environment that is appropriate to the care and safety needs of the individual, and such care cannot be provided at a lower cost in any other setting. But this in no way precludes an individual from choosing a different residential setting to achieve his or her desired quality of life. (10) "Department" means the department of social and health services. (11) "Developmental disability" has the same meaning as defined in RCW 71A.10.020 . (12) "Direct care worker" means a paid caregiver who provides direct, hands-on personal care services to persons with disabilities or the elderly requiring long-term care. (13) "Enhanced adult residential care" means services provided by an assisted living facility that is licensed under chapter 18.20 RCW and that has a contract with the department under RCW 74.39A.010 to provide personal care services, intermittent nursing services, and medication administration services. (14) "Facility" means an adult family home, an assisted living facility, a nursing home, an enhanced services facility licensed under chapter 70.97 RCW, or a facility certified to provide medicare or medicaid services in nursing facilities or intermediate care facilities for individuals with intellectual disabilities under 42 C.F.R. Part 483. (15) "Home and community-based services" means services provided in adult family homes, in-home services, and other services administered or provided by contract by the department directly or through contract with area agencies on aging or federally recognized Indian tribes, or similar services provided by facilities and agencies licensed or certified by the department. (16) "Home care aide" means a long-term care worker who is certified as a home care aide by the department of health under chapter 18.88B RCW. (17) "Individual provider" is defined according to RCW 74.39A.240 . (18) "Legal employer" means the consumer directed employer, which along with the consumer, coemploys individual providers. The legal employer is responsible for setting wages and benefits for individual providers and must comply with applicable laws including, but not limited to, state minimum wage laws, workers compensation, and unemployment insurance laws. (19) "Long-term care" means care and supports delivered indefinitely, intermittently, or over a sustained time to persons of any age who are functionally disabled due to chronic mental or physical illness, disease, chemical dependency, or a medical condition that is permanent, not curable, or is long-lasting and severely limits their mental or physical capacity for self-care. The use of this definition is not intended to expand the scope of services, care, or assistance provided by any individuals, groups, residential care settings, or professions unless otherwise required by law. (20)(a) "Long-term care workers" include all persons who provide paid, hands-on personal care services for the elderly or persons with disabilities, including but not limited to individual providers of home care services, direct care workers employed by home care agencies or a consumer directed employer, providers of home care services to persons with developmental disabilities under Title 71A RCW, all direct care workers in state-licensed assisted living facilities, enhanced services facilities, and adult family homes, respite care providers, direct care workers employed by community residential service businesses, medical foster home caregivers as under 38 C.F.R. 17.73, and any other direct care worker providing home or community-based services to the elderly or persons with functional disabilities or developmental disabilities. (b) "Long-term care workers" do not include: (i) Persons employed by the following facilities or agencies: Nursing homes licensed under chapter 18.51 RCW, hospitals or other acute care settings, residential habilitation centers under chapter 71A.20 RCW, facilities certified under 42 C.F.R., Part 483, hospice agencies subject to chapter 70.127 RCW, adult day care centers, and adult day health care centers; or (ii) persons who are not paid by the state or by a private agency or facility licensed or certified by the state to provide personal care services. (21) "Managing employer" means a consumer who coemploys one or more individual providers and whose responsibilities include (a) choosing potential individual providers and referring them to the consumer directed employer; (b) overseeing the day-to-day management and scheduling of the individual provider's tasks consistent with the plan of care; and (c) dismissing the individual provider when desired. (22) "Nursing home" or "nursing facility" means a facility licensed under chapter 18.51 RCW or certified as a medicaid nursing facility under 42 C.F.R. Part 483, or both. (23) "Person who is functionally disabled" means a person who because of a recognized chronic physical or mental condition or disease, including chemical dependency or developmental disability, is dependent upon others for direct care, support, supervision, or monitoring to perform activities of daily living. "Activities of daily living," in this context, means self-care abilities related to personal care such as bathing, eating, using the toilet, dressing, and transfer. Instrumental activities of daily living such as cooking, shopping, house cleaning, doing laundry, working, and managing personal finances may also be considered when assessing a person's functional ability to perform activities in the home and the community. (24) "Personal care services" means physical or verbal assistance with activities of daily living and instrumental activities of daily living provided because of a person's functional disability. (25) "Population specific competencies" means basic training topics unique to the care needs of the population the long-term care worker is serving, including but not limited to, mental health, dementia, developmental disabilities, young adults with physical disabilities, and older adults. (26) "Qualified instructor" means a registered nurse or other person with specific knowledge, training, and work experience in the provision of direct, hands-on personal care and other assistance services to the elderly or persons with disabilities requiring long-term care. (27) "Secretary" means the secretary of social and health services. (28) "Training partnership" means a joint partnership or trust that includes the office of the governor and the exclusive bargaining representative of individual providers under RCW 74.39A.270 with the capacity to provide training, peer mentoring, and workforce development, or other services to individual providers. (29) "Tribally licensed assisted living facility" means an assisted living facility licensed by a federally recognized Indian tribe in which a facility provides services similar to services provided by assisted living facilities licensed under chapter 18.20 RCW.
RCW 74.13.260 — Washington Code / Title 74 / Chapter 13 / Section 260
RCW 74.13.260: On-site monitoring program.
Status: in_force

Regular on-site monitoring of foster homes to assure quality care improves care provided to children in family foster care. An on-site monitoring program shall be established by the department to assure quality care and regularly identify problem areas. Monitoring shall be done by the department on a random sample basis of no less than ten percent of the total licensed family foster homes licensed by the department on July 1 of each year.
RCW 74.20A.095 — Washington Code / Title 74 / Chapter 20A / Section 095
RCW 74.20A.095: Support enforcement services—Action against earnings within state—Notice.
Status: in_force

When providing support enforcement services, the office of support enforcement may take action, under this chapter and chapter 26.23 RCW, against a responsible parent's earnings or assets, located in, or subject to the jurisdiction of, the state of Washington regardless of the presence or residence of the responsible parent. If the responsible parent resides in another state or country, the office of support enforcement shall, unless otherwise authorized by state or federal law, serve a notice under RCW 74.20A.040 more than sixty days before taking collection action.
RCW 74.09.015 — Washington Code / Title 74 / Chapter 09 / Section 015
RCW 74.09.015: Nurse hotline, when funded.
Status: in_force

To the extent that sufficient funding is provided specifically for this purpose, the authority shall provide all persons receiving services under this chapter with access to a twenty-four hour, seven day a week nurse hotline. The authority shall determine the most appropriate way to provide the nurse hotline under RCW 41.05.037 and this section, which may include use of the 211 system established in chapter 43.211 RCW.
RCW 74.13A.007 — Washington Code / Title 74 / Chapter 13A / Section 007
RCW 74.13A.007: Adoption support expenditures—Findings—Intent.
Status: in_force

The legislature finds that the current state adoption support policy to encourage, within available funds, the adoption of certain hard to place children , has expedited permanency for children who are unable to reunify with their family and has resulted in savings otherwise spent on foster care. The legislature also finds that current economic conditions have reduced state funds available for many critical programs. The legislature further finds that adoption support expenditures continue to increase. Given these realities, the legislature finds there is a need to control adoption support costs without adversely impacting permanency for state dependent children. The legislature acknowledges that the best way to reduce adoption support and foster care expenditures is to safely prevent children from entering the foster care system. However, the legislature also finds that the recent prospective reduction to adoption support payments set forth in chapter 50, Laws of 2011 1st sp. sess. has not, to date, adversely impacted permanency for foster children in need of adoptive homes. Therefore, the legislature intends to continue the adoption assistance rate reduction beyond the period set forth in the operating budget, while focusing on sustainable long-term efforts to prevent children from entering the foster care system, such as pursuing a potential federal Title IV-E waiver , which if granted, would allow Washington to reinvest dollars otherwise spent on foster care in prevention programs. The legislature also finds that many adoptive parents spend adoption support payments on additional mental health services for adoptive children that are not currently covered by existing public programs. The legislature intends to offset adoption support payment expenditures by facilitating efforts to improve the access and quality of existing mental health services for adoptive families in the long term.
RCW 74.15.250 — Washington Code / Title 74 / Chapter 15 / Section 250
RCW 74.15.250: HOPE centers—Responsible living skills programs—Licensing authority—Rules.
Status: in_force

The secretary is authorized to license HOPE centers and responsible living skills programs that meet statutory and rule requirements created by the secretary. The secretary is authorized to develop rules necessary to carry out the provisions of sections 10 through 26, chapter 267, Laws of 1999. The secretary may rely upon existing licensing provisions in development of licensing requirements for HOPE centers and responsible living skills programs, as are appropriate to carry out the intent of sections 10 through 26, chapter 267, Laws of 1999. HOPE centers and responsible living skills programs shall be required to adhere to departmental regulations prohibiting the use of alcohol, tobacco, controlled substances, violence, and sexual activity between residents.
RCW 74.70.020 — Washington Code / Title 74 / Chapter 70 / Section 020
RCW 74.70.020: Definitions.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2531.SL ) ***

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Aggregate fee schedule amount" means the product of the add-on calculated pursuant to RCW 74.70.060 (1) multiplied by the number of emergency ambulance transports for the state fiscal year. (2) "Ambulance transport provider" means an ambulance transport provider that is licensed under RCW 18.73.140 that bills and receives patient care revenue from the provision of ground emergency ambulance transports. "Ambulance transport provider" does not include a provider that is owned or operated by the state, cities, counties, fire protection districts, regional fire protection service authorities, port districts, public hospital districts, community services districts, health care districts, federally recognized Indian tribes, or any unit of government as defined in 42 C.F.R. Sec. 433.50. (3) "Annual quality assurance fee rate" means the quality assurance fee per emergency ambulance transport during each applicable state fiscal year assessed on each ambulance transport provider. (4) "Authority" means the Washington state health care authority. (5) "Available fee amount" means the sum of the following: (a) The amount deposited in the ambulance transport fund established under RCW 74.70.030 during the applicable state fiscal year, less the amounts described in RCW 74.70.030 (3)(a); and (b) Any federal financial participation obtained as a result of the deposit of the amount described in this subsection, for the applicable state fiscal year. (6) "Effective state medical assistance percentage" means a ratio of the aggregate expenditures from state-only sources for medicaid divided by the aggregate expenditures from state and federal sources for medicaid for a state fiscal year. (7) "Emergency ambulance transport" means the act of transporting an individual by use of an ambulance during which a client receives needed emergency medical services en route to an appropriate medical facility. "Emergency ambulance transport" does not include transportation of beneficiaries by passenger cars, taxicabs, litter vans, wheelchair vans, or other forms of public or private conveyances, nor does it include transportation by an air ambulance provider. An "emergency ambulance transport" does not occur when, following evaluation of a patient, a transport is not provided. (8) "Fee-for-service payment schedule" means the payment rates to ambulance transport providers for emergency ambulance transports by the authority without the inclusion of the add-on described in RCW 74.70.060 . (9) "Gross receipts" means the total amount of payments received as patient care revenue for emergency ambulance transports, determined on a cash basis of accounting. "Gross receipts" includes all payments received as patient care revenue for emergency ambulance transports from medicaid, medicare, commercial insurance, and all other payers as payment for services rendered. (10) "Medicaid" means the medical assistance program and the state children's health insurance program as established in Title XIX and Title XXI of the social security act, respectively, and as administered in the state of Washington by the authority. (11) "Program" means the ambulance quality assurance fee program established in this chapter.
RCW 74.18.140 — Washington Code / Title 74 / Chapter 18 / Section 140
RCW 74.18.140: Vocational rehabilitation—Services.
Status: in_force

The department shall ensure that vocational rehabilitation services in accordance with requirements under the federal rehabilitation act of 1973 are available to meet the identified requirements of each eligible individual in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
RCW 74.66.090 — Washington Code / Title 74 / Chapter 66 / Section 090
RCW 74.66.090: Whistleblower relief.
Status: in_force

(1) Any employee, contractor, or agent is entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent , is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this chapter or other efforts to stop one or more violations of this chapter. (2) Relief under subsection (1) of this section must include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees, and any and all relief available under RCW 49.60.030 (2). An action under this subsection may be brought in the appropriate superior court of the state of Washington for the relief provided in this subsection. (3) A civil action under this section may not be brought more than three years after the date when the retaliation occurred.
RCW 74.20A.250 — Washington Code / Title 74 / Chapter 20A / Section 250
RCW 74.20A.250: Secretary empowered to act as attorney, endorse drafts.
Status: in_force

Whenever the secretary has been authorized under RCW 74.20.040 to take action to establish, enforce, and collect support moneys, the custodial parent and the child or children are deemed, without the necessity of signing any document, to have appointed the secretary as his or her true and lawful attorney-in-fact to act in his or her name, place, and stead to perform the specific act of endorsing any and all drafts, checks, money orders or other negotiable instruments representing support payments which are received on behalf of said child or children to effect proper and lawful distribution of the support moneys in accordance with 42 U.S.C. Sec. 657.
RCW 74.13.300 — Washington Code / Title 74 / Chapter 13 / Section 300
RCW 74.13.300: Notification of proposed placement changes.
Status: in_force

(1) Whenever a child has been placed in a foster family home by the department and the child has thereafter resided in the home for at least ninety consecutive days, the department shall notify the foster family at least five days prior to moving the child to another placement, unless: (a) A court order has been entered requiring an immediate change in placement; (b) The child is being returned home; (c) The child's safety is in jeopardy; or (d) The child is residing in a receiving home or a group home. (2) If the child has resided in a foster family home for less than ninety days or if, due to one or more of the circumstances in subsection (1) of this section, it is not possible to give five days' notification, the department shall notify the foster family of proposed placement changes as soon as reasonably possible. (3) This section is intended solely to assist in minimizing disruption to the child in changing foster care placements. Nothing in this section shall be construed to require that a court hearing be held prior to changing a child's foster care placement nor to create any substantive custody rights in the foster parents.
RCW 74.64.005 — Washington Code / Title 74 / Chapter 64 / Section 005
RCW 74.64.005: Intent.
Status: in_force

It is the intent of the legislature to: (1) Implement waste, fraud, and abuse detection, prevention, and recovery solutions to improve program integrity for medical services programs in the state and create efficiency and cost savings through a shift from a retrospective "pay and chase" model to a prospective prepayment model; and (2) Invest in the most cost-effective technologies or strategies that yield the highest return on investment.
RCW 74.13A.015 — Washington Code / Title 74 / Chapter 13A / Section 015
RCW 74.13A.015: Adoption services—Disposition of fees—Use—Federal funds—Gifts and grants.
Status: in_force

All fees paid for adoption services pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080 shall be credited to the general fund. Expenses incurred in connection with supporting the adoption of hard to place children shall be paid by warrants drawn against such appropriations as may be available. The secretary may for such purposes, contract with any public agency or supervising agency and/or adoptive parent and is authorized to accept funds from other sources including federal, private, and other public funding sources to carry out such purposes. The secretary shall actively seek, where consistent with the policies and programs of the department, and shall make maximum use of, such federal funds as are or may be made available to the department for the purpose of supporting the adoption of hard to place children. The secretary may, if permitted by federal law, deposit federal funds for adoption support, aid to adoptions, or subsidized adoption in the general fund and may use such funds, subject to such limitations as may be imposed by federal or state law, to carry out the program of adoption support authorized by RCW 26.33.320 and 74.13A.005 through 74.13A.080 .
RCW 74.20.350 — Washington Code / Title 74 / Chapter 20 / Section 350
RCW 74.20.350: Costs and attorneys' fees.
Status: in_force

In order to facilitate and ensure compliance with Title IV-D of the federal social security act, now existing or hereafter amended, wherein the state is required to undertake to establish parentage of such children as are born out of wedlock, the secretary of social and health services may pay the reasonable and proper fees of attorneys admitted to practice before the courts of this state, who are engaged in private practice for the purpose of maintaining actions under chapter 26.26A or 26.26B RCW on behalf of such children, to the end that parent and child relationships be determined and financial support obligations be established by superior court order. The secretary or the secretary's designee shall make the determination in each case as to which cases shall be referred for representation by such private attorneys. The secretary may advance, pay, or reimburse for payment of, such reasonable costs as may be attendant to an action under chapter 26.26A or 26.26B RCW. The representation by a private attorney shall be only on behalf of the subject child, the custodial natural parent, and the child's personal representative or guardian ad litem, and shall not in any manner be, or be construed to be, in representation of the department of social and health services or the state of Washington, such representation being restricted to that provided pursuant to chapters 43.10 and 36.27 RCW.
RCW 74.39A.160 — Washington Code / Title 74 / Chapter 39A / Section 160
RCW 74.39A.160: Transfer of assets—Penalties.
Status: in_force

(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.
RCW 74.20A.290 — Washington Code / Title 74 / Chapter 20A / Section 290
RCW 74.20A.290: Applicant for adjudicative proceeding must advise department of current address.
Status: in_force

Whenever any person files an application for an adjudicative proceeding under RCW 74.20A.055 or 74.20A.270 , after the department has notified the person of the requirements of this section, it shall be the responsibility of the person to notify the department of the person's mailing address at the time the application for an adjudicative proceeding is made and also to notify the department of any subsequent change of mailing address during the pendency of the administrative proceeding and any judicial review. Whenever the person has a duty under this section to advise the department of the person's mailing address, mailing by the department by certified mail to the person's last known address constitutes service as required by chapters 74.20A and 34.05 RCW.
RCW 74.13.036 — Washington Code / Title 74 / Chapter 13 / Section 036
RCW 74.13.036: Implementation of chapters 13.32A and 13.34 RCW.
Status: in_force

(1) The department shall oversee implementation of chapter 13.34 RCW and chapter 13.32A RCW. The oversight shall be comprised of working with affected parts of the criminal justice and child care systems as well as with local government, legislative, and executive authorities to effectively carry out these chapters. The department shall work with all such entities to ensure that chapters 13.32A and 13.34 RCW are implemented in a uniform manner throughout the state. (2) The department shall develop a plan and procedures, in cooperation with the statewide advisory committee, to insure the full implementation of the provisions of chapter 13.32A RCW. Such plan and procedures shall include but are not limited to: (a) Procedures defining and delineating the role of the department and juvenile court with regard to the execution of the child in need of services placement process; (b) Procedures for designating department staff responsible for family reconciliation services; (c) Procedures assuring enforcement of contempt proceedings in accordance with RCW 13.32A.170 and 13.32A.250 ; and (d) Procedures for the continued education of all individuals in the criminal juvenile justice and child care systems who are affected by chapter 13.32A RCW, as well as members of the legislative and executive branches of government. There shall be uniform application of the procedures developed by the department and juvenile court personnel, to the extent practicable. Local and regional differences shall be taken into consideration in the development of procedures required under this subsection. (3) In addition to its other oversight duties, the department shall: (a) Identify and evaluate resource needs in each region of the state; (b) Disseminate information collected as part of the oversight process to affected groups and the general public; (c) Educate affected entities within the juvenile justice and child care systems, local government, and the legislative branch regarding the implementation of chapters 13.32A and 13.34 RCW; (d) Review complaints concerning the services, policies, and procedures of those entities charged with implementing chapters 13.32A and 13.34 RCW; and (e) Report any violations and misunderstandings regarding the implementation of chapters 13.32A and 13.34 RCW.
RCW 74.15.190 — Washington Code / Title 74 / Chapter 15 / Section 190
RCW 74.15.190: Authority of Indian tribes to license agencies within reservations—Placement of children.
Status: in_force

(1)(a) The state of Washington recognizes the authority of Indian tribes within the state to license agencies, located within the boundaries of a federally recognized Indian reservation, to receive children for control, care, and maintenance outside their own homes, or to place, receive, arrange the placement of, or assist in the placement of children for foster care or adoption. (b) The state of Washington recognizes the ability of the Indian tribes within the state to enter into agreements with the state to license agencies located on or near the federally recognized Indian reservation or, for those federally recognized tribes that do not have a reservation, then on or near the federally designated service delivery area, to receive children for control, care, and maintenance outside their own homes, or to place, receive, arrange the placement of, or assist in the placement of children for foster care. (c) The department and state licensed child-placing agencies may place children in tribally licensed facilities if the requirements of *RCW 74.15.030 (2)(b) and (3) and supporting rules are satisfied before placing the children in such facilities by the department or any state licensed child-placing agency. (2) The department may enter into written agreements with Indian tribes within the state to define the terms under which the tribe may license agencies pursuant to subsection (1) of this section. The agreements shall include a definition of what are the geographic boundaries of the tribe for the purposes of licensing and may include locations on or near the federally recognized Indian reservation or, for those federally recognized tribes that do not have a reservation, then on or near the federally designated service delivery area. (3) The department and its employees are immune from civil liability for damages arising from the conduct of agencies licensed by a tribe.
RCW 74.08.338 — Washington Code / Title 74 / Chapter 08 / Section 338
RCW 74.08.338: Real property transfers for inadequate consideration.
Status: in_force

When the consideration for a deed executed and delivered by a recipient is not paid, or when the consideration does not approximate the fair cash market value of the property, such deed shall be prima facie fraudulent as to the state and the department may proceed under RCW 43.20B.660 .
RCW 74.13.283 — Washington Code / Title 74 / Chapter 13 / Section 283
RCW 74.13.283: Washington state identicards—Foster youth.
Status: in_force

(1) For the purpose of assisting foster youth in obtaining a Washington state identicard, submission of the information and materials listed in this subsection from the department to the department of licensing is sufficient proof of identity and residency and shall serve as the necessary authorization for the youth to apply for and obtain a Washington state identicard: (a) A written signed statement prepared on department letterhead, verifying the following: (i) The youth is a minor who resides in Washington; (ii) Pursuant to a court order, the youth is dependent and the department is the legal custodian of the youth under chapter 13.34 RCW or under the interstate compact on the placement of children; (iii) The youth's full name and date of birth; (iv) The youth's social security number, if available; (v) A brief physical description of the youth; (vi) The appropriate address to be listed on the youth's identicard; and (vii) Contact information for the appropriate person with the department. (b) A photograph of the youth, which may be digitized and integrated into the statement. (2) The department may provide the statement and the photograph via any of the following methods, whichever is most efficient or convenient: (a) Delivered via first-class mail or electronically to the headquarters office of the department of licensing; or (b) Hand-delivered to a local office of the department of licensing by a department caseworker. (3) A copy of the statement shall be provided to the youth who shall provide the copy to the department of licensing when making an in-person application for a Washington state identicard. (4) To the extent other identifying information is readily available, the department shall include the additional information with the submission of information required under subsection (1) of this section.
RCW 74.34.180 — Washington Code / Title 74 / Chapter 34 / Section 180
RCW 74.34.180: Retaliation against whistleblowers and residents—Remedies—Rules.
Status: in_force

(1) An employee or contractor who is a whistleblower and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, has the remedies provided under chapter 49.60 RCW. RCW 4.24.500 through 4.24.520 , providing certain protection to persons who communicate to government agencies, apply to complaints made under this section. The identity of a whistleblower who complains, in good faith, to the department or the department of health about suspected abandonment, abuse, financial exploitation, or neglect by any person in a facility, licensed or required to be licensed, or care provided in a facility or in a home setting, by any person associated with a hospice, home care, or home health agency licensed under chapter 70.127 RCW or other in-home provider, may remain confidential if requested. The identity of the whistleblower shall subsequently remain confidential unless the department determines that the complaint was not made in good faith. (2)(a) An attempt to expel a resident from a facility, or any type of discriminatory treatment of a resident who is a consumer of hospice, home health, home care services, or other in-home services by whom, or upon whose behalf, a complaint substantiated by the department or the department of health has been submitted to the department or the department of health or any proceeding instituted under or related to this chapter within one year of the filing of the complaint or the institution of the action, raises a rebuttable presumption that the action was in retaliation for the filing of the complaint. (b) The presumption is rebutted by credible evidence establishing the alleged retaliatory action was initiated prior to the complaint. (c) The presumption is rebutted by a review conducted by the department that shows that the resident or consumer's needs cannot be met by the reasonable accommodations of the facility due to the increased needs of the resident. (3) For the purposes of this section: (a) "Whistleblower" means a resident or a person with a mandatory duty to report under this chapter, or any person licensed under Title 18 RCW, who in good faith reports alleged abandonment, abuse, financial exploitation, or neglect to the department, or the department of health, or to a law enforcement agency; (b) "Workplace reprisal or retaliatory action" means, but is not limited to: Denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct under Title 18 RCW; letters of reprimand or unsatisfactory performance evaluations; demotion; denial of employment; or a supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower. The protections provided to whistleblowers under this chapter shall not prevent a facility or an agency licensed under chapter 70.127 RCW from: (i) Terminating, suspending, or disciplining a whistleblower for other lawful purposes; or (ii) for facilities licensed under chapter 70.128 RCW, reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements. The department shall determine if the facility cannot meet payroll in cases in which a whistleblower has been terminated or had hours of employment reduced because of the inability of a facility to meet payroll; and (c) "Reasonable accommodation" by a facility to the needs of a prospective or current resident has the meaning given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations. (4) This section does not prohibit a facility or an agency licensed under chapter 70.127 RCW from exercising its authority to terminate, suspend, or discipline any employee who engages in workplace reprisal or retaliatory action against a whistleblower. (5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter. (6)(a) Any vulnerable adult who relies upon and is being provided spiritual treatment in lieu of medical treatment in accordance with the tenets and practices of a well-recognized religious denomination may not for that reason alone be considered abandoned, abused, or neglected. (b) Any vulnerable adult may not be considered abandoned, abused, or neglected under this chapter by any health care provider, facility, facility employee, agency, agency employee, or individual provider who participates in good faith in the withholding or withdrawing of life-sustaining treatment from a vulnerable adult under chapter 70.122 RCW, or who acts in accordance with chapter 7.70 RCW or other state laws to withhold or withdraw treatment, goods, or services. (7) The department, and the department of health for facilities, agencies, or individuals it regulates, shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes.
RCW 74.13B.030 — Washington Code / Title 74 / Chapter 13B / Section 030
RCW 74.13B.030: Selection of service providers.
Status: in_force

(1) For those services included in contracts under RCW 74.13B.020 , the service providers must be chosen by the department caseworker from among those in the network administrator's provider network. The criteria for provider selection must include the geographic proximity of the provider to the child or family, and the performance of the provider based upon data collected and provided by the network administrator. If a reasonably qualified provider is not available through the network administrator's provider network, at the request of a department caseworker, a provider who is not currently under contract with the network administrator may be offered a provisional contract by the network administrator, pending that provider demonstrating that he or she meets applicable provider qualifications to participate in the administrator's provider network. (2) The department shall develop a dispute resolution process to be used when the network administrator disagrees with the department caseworker's choice of a service provider due to factors such as the service provider's performance history or ability to serve culturally diverse families. The mediator or decision maker must be a neutral employee of the department who has not been previously involved in the case. The dispute resolution process must not result in a delay of more than two business days in the receipt of needed services by the child or family. (3) The department and network administrator shall collaborate to identify and respond to patterns or trends in service utilization that may indicate overutilization or underutilization of family support and related services, or may indicate a need to enhance service capacity.
RCW 74.09.657 — Washington Code / Title 74 / Chapter 09 / Section 657
RCW 74.09.657: Findings—Family planning services expansion.
Status: in_force

The legislature finds that: (1) Over half of all births in Washington state are covered by public programs; (2) Research has demonstrated that children of unintended pregnancies receive less prenatal care and are at higher risk for premature birth, low birth weight, neurological disorders, and poor academic performance; (3) In Washington state, over 50 percent of unintended pregnancies occur in women age 25 years and older; (4) Washington state's take charge program has been successful in helping women avoid unintended pregnancies; however, when the caseload declined due to federally mandated changes, the rate of unintended pregnancies increased dramatically; (5) Expanding family planning services to cover women to 260 percent of the federal poverty level would align that program's eligibility standard with income eligibility for publicly funded maternity care service; and (6) Such an expansion would reduce unintended pregnancies and associated costs to the state.
RCW 74.13A.040 — Washington Code / Title 74 / Chapter 13A / Section 040
RCW 74.13A.040: Review of support payments.
Status: in_force

(1) Any parent who is a party to an agreement under RCW 74.13A.005 through 74.13A.080 may at any time, in writing, request, for reasons set forth in such request, a review of the amount of any payment or the level of continuing payments. The review shall begin not later than thirty days from the receipt of such request. Any adjustment may be made retroactive to the date such request was received by the secretary. If such request is not acted on within thirty days after it has been received by the secretary, such parent may invoke his or her rights under the hearing provisions set forth in RCW 74.13A.055 . (2) The secretary may make adjustments in payments at the time of the review, or at other times, if the secretary finds that circumstances have changed and warrant an adjustment in payments. Changes in circumstances may include, but are not limited to, variations in medical opinions, prognosis, and costs. Appropriate adjustments in payments shall be made based upon changes in the needs of the child and/or changes in the adoptive parents' income, resources, and expenses for the care of such child or other members of the family, including medical and/or hospitalization expense not otherwise covered by or subject to reimbursement from insurance or other sources of financial assistance.
RCW 74.20.250 — Washington Code / Title 74 / Chapter 20 / Section 250
RCW 74.20.250: Petition for support order by married parent with minor children who are receiving public assistance—Waiver of filing fees.
Status: in_force

The court may, upon satisfactory showing that the petitioner is without funds to pay the filing fee, order that the petition and other papers be filed without payment of the fee.
RCW 74.09.671 — Washington Code / Title 74 / Chapter 09 / Section 671
RCW 74.09.671: Incarcerated persons—Local jails—Behavioral health services—Federal funding.
Status: in_force

The authority shall collaborate with the department, the Washington state association of counties, the Washington association of sheriffs and police chiefs, and accountable communities of health to improve population health and reduce avoidable use of intensive services and settings by requesting expenditure authority from the federal government to provide behavioral health services to persons who are incarcerated in local jails. The authority in consultation with its partners may narrow its submission to discrete programs or regions of the state as deemed advisable to effectively demonstrate the potential to achieve savings by integrating medical assistance across community and correctional settings.
RCW 74.08A.220 — Washington Code / Title 74 / Chapter 08A / Section 220
RCW 74.08A.220: Individual development accounts—Microcredit and microenterprise approaches—Rules.
Status: in_force

The department shall carry out a program to fund individual development accounts established by recipients eligible for assistance under the temporary assistance for needy families program. (1) An individual development account may be established by or on behalf of a recipient eligible for assistance provided under the temporary assistance for needy families program operated under this title for the purpose of enabling the recipient to accumulate funds for a qualified purpose described in subsection (2) of this section. (2) A qualified purpose as described in this subsection is one or more of the following, as provided by the qualified entity providing assistance to the individual: (a) Postsecondary expenses paid from an individual development account directly to an eligible educational institution; (b) Qualified acquisition costs with respect to a qualified principal residence for a qualified first-time homebuyer, if paid from an individual development account directly to the persons to whom the amounts are due; (c) Amounts paid from an individual development account directly to a business capitalization account which is established in a federally insured financial institution and is restricted to use solely for qualified business capitalization expenses. (3) A recipient may only contribute to an individual development account such amounts as are derived from earned income, as defined in section 911(d)(2) of the internal revenue code of 1986. (4) The department shall establish rules to ensure funds held in an individual development account are only withdrawn for a qualified purpose as provided in this section. (5) An individual development account established under this section shall be a trust created or organized in the United States and funded through periodic contributions by the establishing recipient and matched by or through a qualified entity for a qualified purpose as provided in this section. (6) For the purpose of determining eligibility for any assistance provided under this title, all funds in an individual development account under this section shall be disregarded for such purpose with respect to any period during which such individual maintains or makes contributions into such an account. (7) The department shall adopt rules authorizing the use of organizations using microcredit and microenterprise approaches to assisting low-income families to become financially self-sufficient. (8) The department shall adopt rules implementing the use of individual development accounts by recipients of temporary assistance for needy families. (9) For the purposes of this section, "eligible educational institution," "postsecondary educational expenses," "qualified acquisition costs," "qualified business," "qualified business capitalization expenses," "qualified expenditures," "qualified first-time homebuyer," "date of acquisition," "qualified plan," and "qualified principal residence" include the meanings provided for them in P.L. 104-193.
RCW 74.42.240 — Washington Code / Title 74 / Chapter 42 / Section 240
RCW 74.42.240: Administering medication.
Status: in_force

(1) No staff member may administer any medication to a resident unless the staff member is licensed to administer medication: PROVIDED, That nothing herein shall be construed as prohibiting graduate nurses or student nurses from administering medications when permitted to do so under chapter 18.79 RCW and rules adopted thereunder. (2) The facility may only allow a resident to give himself or herself medication with the attending physician's permission. (3) Medication shall only be administered to or used by the resident for whom it is ordered.
RCW 74.20.210 — Washington Code / Title 74 / Chapter 20 / Section 210
RCW 74.20.210: Attorney general may act under Uniform Reciprocal Enforcement of Support Act pursuant to agreement with prosecuting attorney.
Status: in_force

The prosecuting attorney of any county except a county with a population of one million or more may enter into an agreement with the attorney general whereby the duty to initiate petitions for support authorized under the provisions of *chapter 26.21 RCW as it is now or hereafter amended (**Uniform Reciprocal Enforcement of Support Act) in cases where the petitioner has applied for or is receiving public assistance on behalf of a dependent child or children shall become the duty of the attorney general. Any such agreement may also provide that the attorney general has the duty to represent the petitioner in intercounty proceedings within the state initiated by the attorney general which involve a petition received from another county. Upon the execution of such agreement, the attorney general shall be empowered to exercise any and all powers of the prosecuting attorney in connection with said petitions.
RCW 74.13B.050 — Washington Code / Title 74 / Chapter 13B / Section 050
RCW 74.13B.050: Express mandate.
Status: in_force

(1) To achieve the service delivery improvements and efficiencies intended in RCW 74.13B.005 , 74.13B.020 , 74.13B.030 , and 74.13B.060 and in *RCW 74.13.370 , and pursuant to **RCW 41.06.142 (3), contracting with network administrators to provide services needed by children and families in the child welfare system, pursuant to RCW 74.13B.020 and 74.13B.030 , and execution and monitoring of individual provider contracts, pursuant to RCW 74.13B.020 , are expressly mandated by the legislature and are not subject to the processes set forth in **RCW 41.06.142 (1), (4), and (5). (2) The express mandate in subsection (1) of this section is limited to those services and activities provided in RCW 74.13B.020 and 74.13B.030 . If the department includes services customarily and historically performed by department employees in the classified service in a procurement for network administrators that exceeds the scope of services or activities provided in RCW 74.13B.020 and 74.13B.030 , such contracting is not specifically mandated and will be subject to all applicable contractual and legal obligations.
RCW 74.09.080 — Washington Code / Title 74 / Chapter 09 / Section 080
RCW 74.09.080: Methods of performing administrative responsibilities.
Status: in_force

In carrying out the administrative responsibility of this chapter or other applicable law, the department or authority, as appropriate: (1) May contract with an individual or a group, may utilize existing local state public assistance offices, or establish separate welfare medical care offices on a county or multicounty unit basis as found necessary; and (2) Shall determine both financial and functional eligibility for persons applying for long-term care services under chapter 74.39 or 74.39A RCW as a unified process in a single long-term care organizational unit.
RCW 74.09.500 — Washington Code / Title 74 / Chapter 09 / Section 500
RCW 74.09.500: Medical assistance—Established.
Status: in_force

There is hereby established a new program of federal-aid assistance to be known as medical assistance to be administered by the authority. The authority is authorized to comply with the federal requirements for the medical assistance program provided in the social security act and particularly Title XIX of Public Law (89-97), as amended, in order to secure federal matching funds for such program.
RCW 74.20A.010 — Washington Code / Title 74 / Chapter 20A / Section 010
RCW 74.20A.010: Purpose—Remedies additional.
Status: in_force

Common law and statutory procedures governing the remedies for enforcement of support for financially dependent minor children by responsible parents have not proven sufficiently effective or efficient to cope with the increasing incidence of financial dependency. The increasing workload of courts, prosecuting attorneys, and the attorney general has made such remedies uncertain, slow and inadequate, thereby resulting in a growing burden on the financial resources of the state, which is constrained to provide public assistance grants for basic maintenance requirements when parents fail to meet their primary obligations. The state of Washington, therefore, exercising its police and sovereign power, declares that the common law and statutory remedies pertaining to family desertion and nonsupport of minor dependent children shall be augmented by additional remedies directed to the real and personal property resources of the responsible parents. In order to render resources more immediately available to meet the needs of minor children, it is the legislative intent that the remedies herein provided are in addition to, and not in lieu of, existing law. It is declared to be the public policy of this state that this chapter be construed and administered to the end that children shall be maintained from the resources of responsible parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through welfare programs.
RCW 74.34.300 — Washington Code / Title 74 / Chapter 34 / Section 300
RCW 74.34.300: Vulnerable adult fatality reviews.
Status: in_force

(1) The department shall conduct a vulnerable adult fatality review in the event of a death of a vulnerable adult when the department has reason to believe that the death of the vulnerable adult may be related to the abuse, abandonment, exploitation, or neglect of the vulnerable adult, or may be related to the vulnerable adult's self-neglect, and the vulnerable adult was: (a) Receiving home and community-based services in his or her own home or licensed or certified settings, described under chapters 74.39 , 74.39A, 18.20, 70.128, and 71A.12 RCW, within sixty days preceding his or her death; or (b) Living in his or her own home or licensed or certified settings described under chapters 74.39 , 74.39A, 18.20, 70.128, and 71A.12 RCW and was the subject of a report under this chapter received by the department within twelve months preceding his or her death. (2) When conducting a vulnerable adult fatality review of a person who had been receiving hospice care services before the person's death, the review shall provide particular consideration to the similarities between the signs and symptoms of abuse and those of many patients receiving hospice care services. (3) All files, reports, records, communications, and working papers used or developed for purposes of a fatality review are confidential and not subject to disclosure pursuant to RCW 74.34.095 . (4) The department may adopt rules to implement this section.
RCW 74.08A.100 — Washington Code / Title 74 / Chapter 08A / Section 100
RCW 74.08A.100: Immigrants—Eligibility.
Status: in_force

The state shall exercise its option under P.L. 104-193 to continue services to legal immigrants under temporary assistance for needy families, medicaid to the extent allowed by federal law, the state's basic health plan as provided in chapter 70.47 RCW, and social services block grant programs. Eligibility for these benefits for legal immigrants arriving after August 21, 1996, is limited to those families where the parent, parents, or legal guardians have been in residence in Washington state for a period of twelve consecutive months before making their application for assistance. Legal immigrants who lose benefits under the supplemental security income program as a result of P.L. 104-193 are immediately eligible for benefits under the state's general assistance-unemployable program. The department shall redetermine income and resource eligibility at least annually, in accordance with existing state policy.
RCW 74.42.400 — Washington Code / Title 74 / Chapter 42 / Section 400
RCW 74.42.400: Engineering and maintenance personnel.
Status: in_force

The facility shall have sufficient trained and experienced personnel for necessary engineering and maintenance functions.
RCW 74.13A.120 — Washington Code / Title 74 / Chapter 13A / Section 120
RCW 74.13A.120: Interstate agreements for adoption of children with special needs—Medical assistance for children residing in this state—Penalty for fraudulent claims.
Status: in_force

(1) A child with special needs who resides in this state and is the subject of an adoption assistance agreement with another state is entitled to receive a medical assistance identification card from this state upon the filing with the department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the medical assistance administration, the adoptive parents are required at least annually to show that the agreement is still in force or has been renewed. (2) The medical assistance administration shall consider the holder of a medical assistance identification under this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims in the same manner and under the same conditions and procedures as for other recipients of medical assistance. (3) The medical assistance administration shall provide coverage and benefits for a child who is in another state and is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. Adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state for reimbursement. No reimbursement may be made for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The department shall adopt rules implementing this subsection. The additional coverage and benefit amounts provided under this subsection must be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state. The rules must include procedures to be followed in obtaining prior approval for services if required for the assistance. (4) The submission of any claim for payment or reimbursement for services or benefits under this section or the making of any statement that the person knows or should know to be false, misleading, or fraudulent is punishable as perjury under chapter 9A.72 RCW. (5) This section applies only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provided medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance under an adoption assistance agreement entered into by this state are eligible to receive assistance in accordance with the applicable laws and procedures.
RCW 74.34.050 — Washington Code / Title 74 / Chapter 34 / Section 050
RCW 74.34.050: Immunity from liability.
Status: in_force

(1) A person participating in good faith in making a report under this chapter or testifying about alleged abuse, neglect, abandonment, financial exploitation, or self-neglect of a vulnerable adult in a judicial or administrative proceeding under this chapter is immune from liability resulting from the report or testimony. The making of permissive reports as allowed in this chapter does not create any duty to report and no civil liability shall attach for any failure to make a permissive report as allowed under this chapter. (2) Conduct conforming with the reporting and testifying provisions of this chapter shall not be deemed a violation of any confidential communication privilege. Nothing in this chapter shall be construed as superseding or abridging remedies provided in chapter 4.92 RCW.
RCW 74.08A.290 — Washington Code / Title 74 / Chapter 08A / Section 290
RCW 74.08A.290: Competitive performance-based contracting—Evaluation of contracting practices—Contracting strategies.
Status: in_force

(1) It is the intent of the legislature that the department is authorized to engage in competitive contracting using performance-based contracts to provide all work activities authorized in chapter 58, Laws of 1997, including the job search component authorized in *section 312 of this act. (2) The department may use competitive performance-based contracting to select which vendors will participate in the WorkFirst program. Performance-based contracts shall be awarded based on factors that include but are not limited to the criteria listed in RCW 74.08A.410 , past performance of the contractor, demonstrated ability to perform the contract effectively, financial strength of the contractor, and merits of the proposal for services submitted by the contractor. Contracts shall be made without regard to whether the contractor is a public or private entity. (3) The department may contract for an evaluation of the competitive contracting practices and outcomes to be performed by an independent entity with expertise in government privatization and competitive strategies. The evaluation shall include quarterly progress reports to the fiscal committees of the legislature and to the governor, starting at the first quarter after the effective date of the first competitive contract and ending two years after the effective date of the first competitive contract. (4) The department shall seek independent assistance in developing contracting strategies to implement this section. Assistance may include but is not limited to development of contract language, design of requests for proposal, developing full cost information on government services, evaluation of bids, and providing for equal competition between private and public entities.
RCW 74.04.600 — Washington Code / Title 74 / Chapter 04 / Section 600
RCW 74.04.600: Supplemental security income program—Purpose.
Status: in_force

The purpose of RCW 74.04.600 through 74.04.650 is to recognize and accept that certain act of congress known as Public Law 92-603 and Public Law 93-66, and to enable the department of social and health services to take advantage of and implement the provisions of that act. The state shall provide assistance to those individuals who were eligible or would have been eligible for benefits under this state's old age assistance, disability assistance, and aid to the blind programs as they were in effect in December, 1973 but who will no longer be eligible for such program due to Title XVI of the Social Security Act.
RCW 74.34.902 — Washington Code / Title 74 / Chapter 34 / Section 902
RCW 74.34.902: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 74.20A.130 — Washington Code / Title 74 / Chapter 20A / Section 130
RCW 74.20A.130: Distraint, seizure and sale of property subject to liens under RCW 74.20A.060—Procedure.
Status: in_force

Whenever a support lien has been filed pursuant to RCW 74.20A.060 , the secretary may collect the support debt stated in said lien by the distraint, seizure, and sale of the property subject to said lien. Not less than ten days prior to the date of sale, the secretary shall cause a copy of the notice of sale to be transmitted by regular mail and by any form of mailing requiring a return receipt to the debtor and any person known to have or claim an interest in the property. Said notice shall contain a general description of the property to be sold and the time, date, and place of the sale. The notice of sale shall be posted in at least two public places in the county wherein the distraint has been made. The time of sale shall not be less than ten nor more than twenty days from the date of posting of such notices. Said sale shall be conducted by the secretary, who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum reasonable price to include the expenses of making a levy and of advertising the sale, and if the amount bid for such property at the sale is not equal to the price so fixed, the secretary may declare such property to be purchased by the department for such price, or may conduct another sale of such property pursuant to the provisions of this section. In the event of sale, the debtor's account shall be credited with the amount for which the property has been sold. Property acquired by the department as herein prescribed may be sold by the secretary at public or private sale, and the amount realized shall be placed in the state general fund to the credit of the department of social and health services. In all cases of sale, as aforesaid, the secretary shall issue a bill of sale or a deed to the purchaser and said bill of sale or deed shall be prima facie evidence of the right of the secretary to make such sale and conclusive evidence of the regularity of his or her proceeding in making the sale, and shall transfer to the purchaser all right, title, and interest of the debtor in said property. The proceeds of any such sale, except in those cases wherein the property has been acquired by the department, shall be first applied by the secretary to reimbursement of the costs of distraint and sale, and thereafter in satisfaction of the delinquent account. Any excess which shall thereafter remain in the hands of the secretary shall be refunded to the debtor. Sums so refundable to a debtor may be subject to seizure or distraint by any taxing authority of the state or its political subdivisions or by the secretary for new sums due and owing subsequent to the subject proceeding. Except as specifically provided in this chapter, there shall be exempt from distraint, seizure, and sale under this chapter such property as is exempt therefrom under the laws of this state.
RCW 74.20A.170 — Washington Code / Title 74 / Chapter 20A / Section 170
RCW 74.20A.170: Secretary may release lien or order or return seized property—Effect.
Status: in_force

The secretary may at any time release a support lien, or order to withhold and deliver, on all or part of the property of the debtor, or return seized property without liability, if assurance of payment is deemed adequate by the secretary, or if said action will facilitate the collection of the debt, but said release or return shall not operate to prevent future action to collect from the same or other property.
RCW 74.42.340 — Washington Code / Title 74 / Chapter 42 / Section 340
RCW 74.42.340: Administrative support—Purchasing—Inventory control.
Status: in_force

(1) The facility shall provide adequate administrative support to efficiently meet the needs of residents and facilitate attainment of the facility's goals and objectives. (2) The facility shall: (a) Document the purchasing process; (b) Adequately operate the inventory control system and stockroom; (c) Have appropriate storage facilities for all supplies and surplus equipment; and (d) Train and assist personnel to do purchase, supply, and property control functions.
RCW 74.13.695 — Washington Code / Title 74 / Chapter 13 / Section 695
RCW 74.13.695: Validated tool to assess care needs.
Status: in_force

The office of innovation, alignment, and accountability must develop a single validated tool to assess the care needs of foster children. Once the validated tool is available for use on a statewide basis, the department of children, youth, and families must use the tool for assessing the care needs of foster children, including but not limited to whether the department should provide foster children with behavioral rehabilitation services. The department must notify the caseload forecast council, the office of financial management, and the appropriate fiscal committees of the legislature when it begins statewide use of the validated tool.
RCW 74.13B.040 — Washington Code / Title 74 / Chapter 13B / Section 040
RCW 74.13B.040: Performance-based contracting—Review.
Status: in_force

(1) On an annual basis, beginning in the 2015-2017 biennium, the department and contracted network administrators shall: (a) Review and update the services offered through performance-based contracts in response to service outcome data for currently contracted services and any research that has identified new evidence-based or research-based services not included in a previous procurement; and (b) Review service utilization and outcome data to determine whether changes are needed in procurement policies or performance-based contracts to better meet the goals established in RCW 74.13B.005 . (2) In conducting the review under subsection (1) of this section, the department must consult with department caseworkers, the exclusive bargaining representative for employees of the department, tribal representatives, parents who were formerly involved in the child welfare system, youth currently or previously in foster care, child welfare services researchers, representatives of child welfare service providers, and the Washington state institute for public policy.
RCW 74.34.080 — Washington Code / Title 74 / Chapter 34 / Section 080
RCW 74.34.080: Injunctions.
Status: in_force

If access is denied to an employee of the department seeking to investigate an allegation of abandonment, abuse, financial exploitation, or neglect of a vulnerable adult by an individual, the department may seek an injunction to prevent interference with the investigation. The court shall issue the injunction if the department shows that: (1) There is reasonable cause to believe that the person is a vulnerable adult and is or has been abandoned, abused, financially exploited, or neglected; and (2) The employee of the department seeking to investigate the report has been denied access.
RCW 74.14C.042 — Washington Code / Title 74 / Chapter 14C / Section 042
RCW 74.14C.042: Family preservation services—Eligibility criteria.
Status: in_force

(1) Family preservation services may be provided to children and their families only when the department has determined that without intervention, the child faces a substantial likelihood of out-of-home placement due to: (a) Child abuse or neglect; (b) A serious threat of substantial harm to the child's health, safety, or welfare; or (c) Family conflict. (2) The department need not refer otherwise eligible families and family preservation services need not be provided, if: (a) The services are not available in the community in which the family resides; (b) The services cannot be provided because the program is filled to capacity; (c) The family refuses the services; or (d) The department or the service provider determines that the safety of a child, a family member, or persons providing the services would be unduly threatened. (3) Nothing in this chapter shall prevent provision of family preservation services to nonfamily members when the department or the service provider deems it necessary or appropriate to do so in order to assist the family or the child.
RCW 74.42.040 — Washington Code / Title 74 / Chapter 42 / Section 040
RCW 74.42.040: Resident's rights regarding medical condition, care, and treatment.
Status: in_force

The facility shall insure that each resident and guardian, if any: (1) Is fully informed by a physician about his or her health and medical condition unless the physician decides that informing the resident is medically contraindicated and the physician documents this decision in the resident's record; (2) Has the opportunity to participate in his or her total care and treatment; (3) Has the opportunity to refuse treatment; and (4) Gives informed, written consent before participating in experimental research.
RCW 74.39A.120 — Washington Code / Title 74 / Chapter 39A / Section 120
RCW 74.39A.120: Chore services—Expenditure limitation—Priorities—Rule on patient resource limit.
Status: in_force

(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.
RCW 74.42.350 — Washington Code / Title 74 / Chapter 42 / Section 350
RCW 74.42.350: Organization chart.
Status: in_force

The facility shall have and keep current an organization chart showing: (1) The major operating programs of the facility; (2) The staff divisions of the facility; (3) The administrative personnel in charge of the programs and divisions; and (4) The lines of authority, responsibility, and communication of administrative personnel.
RCW 74.15.090 — Washington Code / Title 74 / Chapter 15 / Section 090
RCW 74.15.090: Licenses required for agencies.
Status: in_force

Except as provided in RCW 74.15.190 , it shall hereafter be unlawful for any agency to receive children, expectant mothers or developmentally disabled persons for supervision or care, or arrange for the placement of such persons, unless such agency is licensed as provided in chapter 74.15 RCW.
RCW 74.18.060 — Washington Code / Title 74 / Chapter 18 / Section 060
RCW 74.18.060: Department—Powers and duties.
Status: in_force

The department shall: (1) Serve as the sole agency of the state for contracting for and disbursing all federal and state funds appropriated for programs established by and within the jurisdiction of this chapter, and make reports and render accounting as may be required; (2) Adopt rules, in accordance with chapter 34.05 RCW, necessary to carry out the purposes of this chapter; (3) Negotiate agreements with other state agencies to provide services so that individuals of any age who are blind or are both blind and otherwise disabled receive the most beneficial services.
RCW 74.66.050 — Washington Code / Title 74 / Chapter 66 / Section 050
RCW 74.66.050: Qui tam action—Relator rights and duties.
Status: in_force

(1) A person may bring a civil action for a violation of RCW 74.66.020 for the person and for the government entity. The action may be known as a qui tam action and the person bringing the action as a qui tam relator. The action must be brought in the name of the government entity. The action may be dismissed only if the court , and the attorney general give written consent to the dismissal and their reason for consenting. (2) A relator filing an action under this chapter must serve a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses on the attorney general in electronic format. The relator must file the complaint in camera. The complaint must remain under seal for at least sixty days, and may not be served on the defendant until the court so orders. The attorney general may elect to intervene and proceed with the action within sixty days after it receives both the complaint and the material evidence and information. (3) The attorney general may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subsection (2) of this section. The motions may be supported by affidavits or other submissions in camera. The defendant may not be required to respond to any complaint filed under this section until twenty days after the complaint is unsealed and served upon the defendant. (4) If the attorney general does not proceed with the action prior to the expiration of the sixty-day period or any extensions obtained under subsection (3) of this section, then the relator has the right to conduct the action. (5) When a person brings an action under this section, no person other than the attorney general may intervene or bring a related action based on the facts underlying the pending action.
RCW 74.60.120 — Washington Code / Title 74 / Chapter 60 / Section 120
RCW 74.60.120: Direct supplemental payments to hospitals.
Status: in_force

(1) For each calendar year, beginning January 1, 2024, or upon satisfaction of the applicable conditions in RCW 74.60.150 (1), whichever is later, the authority shall make supplemental payments directly to Washington hospitals, separately for inpatient and outpatient fee-for-service medicaid services, as follows unless there are federal restrictions on doing so. If there are federal restrictions, to the extent allowed, funds that cannot be paid under (a) of this subsection, should be paid under (b) of this subsection, and funds that cannot be paid under (b) of this subsection, shall be paid under (a) of this subsection: (a) For inpatient fee-for-service payments for medicaid prospective payment hospitals other than psychiatric or rehabilitation hospitals, $21,800,000 per calendar year plus federal matching funds; (b) For outpatient fee-for-service payments for medicaid prospective payment hospitals other than psychiatric or rehabilitation hospitals, $12,400,000 per calendar year plus federal matching funds; (c) For inpatient fee-for-service payments for psychiatric hospitals, $875,000 per calendar year plus federal matching funds; (d) For inpatient fee-for-service payments for rehabilitation hospitals, $225,000 per calendar year plus federal matching funds; (e) For inpatient fee-for-service payments for border hospitals, $250,000 per calendar year plus federal matching funds; and (f) For outpatient fee-for-service payments for border hospitals, $250,000 per calendar year plus federal matching funds. (2) If the amount of inpatient or outpatient payments under subsection (1) of this section, when combined with federal matching funds, exceeds the upper payment limit, payments to each category of hospital in subsection (1)(a) through (f) of this section must be reduced proportionately to a level where the total payment amount is consistent with the upper payment limit. If funds in excess of the upper payment limit cannot be paid under RCW 74.60.130 and if the payment amount in excess of the upper payment limit exceeds $15,000,000, the authority shall increase the medicaid prospective payment system hospital outpatient hospital payment rate, for hospitals using the safety net funding and federal matching funds that would otherwise have been used to fund the payments under subsection (1) of this section that exceed the upper payment limit. By January 1st of each year, annually, the authority shall provide to the Washington state hospital association an upper payment limit analysis using the latest available claims data for the historic periods in the calculation. If the analysis shows the payments are projected to exceed the upper payment limit by at least $15,000,000, the authority shall initiate an outpatient rate increase effective July 1st of that year. (3) The amount of such fee-for-service inpatient payments to individual hospitals within each of the categories identified in subsection (1)(a), (c), (d), and (e) of this section must be determined by: (a) Totaling the inpatient fee-for-service claims payments and inpatient managed care encounter rate payments for each hospital during the base year; (b) Totaling the inpatient fee-for-service claims payments and inpatient managed care encounter rate payments for all hospitals during the base year; and (c) Using the amounts calculated under (a) and (b) of this subsection to determine an individual hospital's percentage of the total amount to be distributed to each category of hospital. (4) The amount of such fee-for-service outpatient payments to individual hospitals within each of the categories identified in subsection (1)(b) and (f) of this section must be determined by: (a) Totaling the outpatient fee-for-service claims payments and outpatient managed care encounter rate payments for each hospital during the base year; (b) Totaling the outpatient fee-for-service claims payments and outpatient managed care encounter rate payments for all hospitals during the base year; and (c) Using the amounts calculated under (a) and (b) of this subsection to determine an individual hospital's percentage of the total amount to be distributed to each category of hospital. (5) Sixty calendar days before the first payment in each subsequent calendar year, the authority shall provide each hospital and the Washington state hospital association with an explanation of how the amounts due to each hospital under this section were calculated. (6) Payments must be made in quarterly installments on or about the last day of every quarter, provided that if initial payments are delayed due to federal approval, the initial payment shall include all amounts due from January 1, 2024. (7) Payments under this section are supplemental to all other payments and do not reduce any other payments to hospitals.
RCW 74.39A.390 — Washington Code / Title 74 / Chapter 39A / Section 390
RCW 74.39A.390: Personal care services—Glove access.
Status: in_force

(1) The legislature finds and declares that universal precautions are important health and safety protections for home care clients and workers who provide direct care for those clients. The use of personal protective equipment such as gloves is an established component of universal precautions and a key tool to protect against exposure to blood-borne pathogens such as hepatitis B virus, hepatitis C virus, and human immunodeficiency virus. Most medicaid clients are eligible to receive gloves through their medicaid benefit, yet the majority of clients are not aware of or do not use this benefit and as a result do not have gloves available in the home for individual providers to use. The legislature intends to improve the availability and usage of gloves by individual providers as part of universal precautions by ensuring that medicaid clients access gloves through their medicaid benefit. (2) For medicaid clients, the department shall coordinate with the health care authority to assist clients receiving personal care services in accessing gloves as part of their health benefit for individual providers to use in the course of providing tasks where universal precautions are warranted. The assistance by the department and the health care authority must be designed to facilitate clients being able to access gloves on a monthly basis in a cost-effective and easy to access manner and must be consistent with requirements to receive federal matching funds under medicaid. (3) In cases where clients are not eligible to receive such gloves under medicaid, the department shall work with the health care authority to develop a methodology to ensure clients have access to gloves on a monthly basis in a cost-effective and easy to access manner. (4) The department shall submit a brief report with data on utilization of gloves by clients who are served by individual providers to the health care committees of the legislature by December 1, 2015.
RCW 74.12.450 — Washington Code / Title 74 / Chapter 12 / Section 450
RCW 74.12.450: Application for assistance—Report on suspected child abuse or neglect—Notice to parent about application, location of child, and family reconciliation act.
Status: in_force

(1) Whenever the department receives an application for assistance on behalf of a child under this chapter and an employee of the department has reason to believe that the child has suffered abuse or neglect, the employee shall cause a report to be made as provided under chapter 26.44 RCW. (2) Whenever the department approves an application for assistance on behalf of a child under this chapter, the department shall make a reasonable effort to determine whether the child is living with a parent of the child. Whenever the child is living in the home of a relative other than a parent of the child, the department shall make reasonable efforts to notify the parent with whom the child has most recently resided that an application for assistance on behalf of the child has been approved by the department and shall advise the parent of his or her rights under this section, RCW 74.12.460 , and *sections 4 and 5 of this act, unless good cause exists not to do so based on a substantiated claim that the parent has abused or neglected the child. (3) Upon written request of the parent, the department shall notify the parent of the address and location of the child, unless there is a current investigation or pending case involving abuse or neglect by the parent under chapter 13.34 RCW. (4) The department shall notify and advise the parent of the provisions of the family reconciliation act under chapter 13.32A RCW.
RCW 74.08.582 — Washington Code / Title 74 / Chapter 08 / Section 582
RCW 74.08.582: Electronic benefit cards—Names of two or more persons.
Status: in_force

A person who has in his or her possession or under his or her control electronic benefit cards issued in the names of two or more persons and who is not authorized by those persons to have any of the cards in his or her possession is guilty of a misdemeanor.
RCW 74.14B.005 — Washington Code / Title 74 / Chapter 14B / Section 005
RCW 74.14B.005: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of children, youth, and families. (2) "Secretary" means the secretary of the department of children, youth, and families.
RCW 74.39A.500 — Washington Code / Title 74 / Chapter 39A / Section 500
RCW 74.39A.500: Consumer directed employer program—Establishment—Structure—Vendor qualifications—Transition—Department duties.
Status: in_force

(1) The department may establish and implement a consumer directed employer program to provide personal care, respite care, and similar services to individuals with functional impairments under programs authorized through the medicaid state plan or medicaid waiver authorities and similar state-funded in-home care programs. (a) The consumer directed employer program is a consumer directed program and must be operated in a manner consistent with federal medicaid requirements. The consumer directed employer is the legal employer of individual providers. (b) Under the consumer directed employer program, the consumer is the managing employer of individual providers and retains the primary right to select, dismiss, assign hours, and supervise the work of one or more individual providers, as long as the consumer's actions are consistent with the consumer's plan of care, this chapter, and state and federal law. (2) The department shall endeavor to select and contract with one consumer directed employer to be a medicaid provider that will coemploy individual providers. The department shall make every effort to select a single qualified vendor. In the event it is not possible to contract with a single vendor, the department is authorized to contract with up to two vendors. The department's activities to identify, select, and contract with a consumer directed employer are exempt from the requirements of chapter 39.26 RCW. (a) When contracting with a consumer directed employer, the department should seek to contract with a vendor that demonstrates: (i) A strong commitment to consumer choice, self-direction, and maximizing consumer autonomy and control over daily decisions; and (ii) A commitment to recruiting and retaining a high quality and diverse workforce and working with a broad coalition of stakeholders in an effort to understand the changing needs of the workforce and consumer needs and preferences. (b) Additional factors the department should consider in selecting a vendor include, but are not limited to, the vendor's: (i) Ability to provide maximum support to consumers to focus on directing their own services through a model that recognizes that the provision of employer responsibility and human resource administration support is integral to successful self-directed home care programs; (ii) Commitment to engage and work closely with consumers in design, implementation, and ongoing operations through an advisory board, focus group, or other methods as approved by the department; (iii) Focus on workforce retention and creating incentives for qualified and trained providers to meet the growing needs of state long-term care consumers; (iv) Ability to meet the state's interest in preventing or mitigating disruptions to consumer services; (v) Ability to deliver high quality training, health care, and retirement, which may include participation in existing trusts that deliver those benefits; (vi) Ability to comply with the terms and conditions of employment of individual providers at the time of the transition; (vii) Commitment to involving its home care workforce in decision making; (viii) Vision for including and enhancing home care workers as a valued member of the consumer's care team, as desired and authorized by the consumer and reflected in the consumer's plan of care; and (ix) Ability to build and adapt technology tools that can enhance efficiency and provide better quality of services. (c) In order to be qualified as a consumer directed employer, an entity must meet the requirements in: (i) Its contract with the department; (ii) the medicaid state plan; (iii) rules adopted under this chapter, if any; and (iv) this section. (d) Any qualified and willing individual may apply to become an employee of a consumer directed employer and may work as an individual provider when selected by a consumer. (e) A consumer directed employer that holds a contract with the department to provide medicaid services through the employment of individual providers is deemed to be a certified medicaid provider. (f) A consumer directed employer is not a home care agency under chapter 70.127 RCW. (g) A consumer directed employer does not need a separate licensure or certification category. (h) A consumer directed employer that also provides home care services under chapter 70.127 RCW must demonstrate to the department's satisfaction that it operates the programs under separate business units, and that its business structures, policies, and procedures will prevent any conflicts of interest. (3) If the department selects and contracts with a consumer directed employer, the department shall determine when to terminate the department's contracts with individual providers. (a) Until the department determines the transition to the consumer directed employer program is complete, the state shall continue to administer the individual provider program for the remaining contracted individual providers and to act as the public employer solely for the purpose of collective bargaining under RCW 74.39A.270 for those directly contracted individual providers. (b) Once the department determines that the transition to the consumer directed employer is complete, the department may no longer contract with individual providers, unless there are not any contracted consumer directed employers available. (4) The department of labor and industries shall initially place individual providers employed by a consumer directed employer in the classification for the home care services and home care referral registry. After the department determines that the transition to the consumer directed employer program is complete, the department of labor and industries may, if necessary, adjust the classification and rate in accordance with chapter 51.16 RCW. (5) After the date on which the department enters into a contract with the consumer directed employer and determines the transition to the consumer directed employer program is complete, biennial funding in the next ensuing biennium for case management and social work shall be reduced by no more than: Two million nine hundred eight thousand dollars for area agencies on aging; one million three hundred sixty-one thousand dollars for home and community services; and one million two hundred eighty-nine thousand dollars for developmental disabilities.
RCW 74.42.150 — Washington Code / Title 74 / Chapter 42 / Section 150
RCW 74.42.150: Plan of care—Goals—Program—Responsibilities—Review.
Status: in_force

(1) Under the attending physician's instructions, qualified facility staff will establish and maintain a comprehensive plan of care for each resident which shall be kept on file by the facility and be evaluated through review and assessment by the department. The comprehensive plan contains: (a) Goals for each resident to accomplish; (b) An integrated program of treatment, therapies and activities to help each resident achieve those goals; and (c) The persons responsible for carrying out the programs in the plan. (2) Qualified facility staff shall review the comprehensive plan of care at least quarterly.
RCW 74.18.220 — Washington Code / Title 74 / Chapter 18 / Section 220
RCW 74.18.220: Business enterprises program—Vending facilities in public buildings.
Status: in_force

(1) The department is authorized to license blind persons to operate vending facilities and vending machines on federal property and in public buildings. (2) The state, political subdivisions thereof, and agencies of the state, or political subdivisions thereof shall give priority to licensees in the operation of vending facilities and vending machines in public buildings.
RCW 74.09.920 — Washington Code / Title 74 / Chapter 09 / Section 920
RCW 74.09.920: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 74.39A.505 — Washington Code / Title 74 / Chapter 39A / Section 505
RCW 74.39A.505: Consumer directed employer program—Rule-making authority—2018 c 278.
Status: in_force

The department may adopt any rules as it deems necessary to implement the provisions of chapter 278, Laws of 2018.
RCW 74.13.341 — Washington Code / Title 74 / Chapter 13 / Section 341
RCW 74.13.341: Transition plan—Planning services—Qualification for services provided by the developmental disabilities administration.
Status: in_force

(1) With respect to children who are subject to an open dependency proceeding under chapter 13.34 RCW and may exit dependency proceedings under chapter 13.34 RCW after reaching the maximum age for dependent children, the department shall invite representatives from the entity providing managed health and behavioral health care for foster youth required under RCW 74.09.860 , and the department of social and health services behavioral health administration, the developmental disabilities administration, the division of vocational rehabilitation, and the economic services administration to the youth's shared planning meeting that occurs between the age of 17 and 17.5 that is used to develop a transition plan. It is the responsibility of the department to include these agencies in the shared planning meeting. (2) For youth who are subject to an open dependency proceeding under chapter 13.34 RCW and the department caseworker believes may be eligible for services administered by the developmental disabilities administration, the department shall convene a shared planning meeting that includes representatives from the developmental disabilities administration and the division of vocational rehabilitation when the youth is between the ages of 16 and 16.5. This meeting must be used to begin planning services for the youth in advance of the youth's transition to adulthood. The shared planning meeting required under this subsection may include: (a) Assessing functional eligibility for developmental disability waiver services; (b) Understanding the services that the youth wants or needs upon the youth's exit from a dependency under chapter 13.34 RCW; (c) Advanced planning for residential services provided by the developmental disabilities administration of the department of social and health services; (d) Advanced planning for housing options available from entities other than the developmental disabilities administration of the department of social and health services the youth wants or needs upon the youth's exit from a dependency under chapter 13.34 RCW; and (e) Development of an action plan so that the services the youth wants or needs will be provided following the youth's exit from dependency proceedings under chapter 13.34 RCW. (3) If children who are subject to an open dependency proceeding under chapter 13.34 RCW and who are the subject of either shared planning meeting described under this section may qualify for services provided by the developmental disabilities administration pursuant to Title 71A RCW, the department shall direct these youth to apply for these services and provide assistance in the application process.
RCW 74.08.055 — Washington Code / Title 74 / Chapter 08 / Section 055
RCW 74.08.055: Verification of applications—Electronic applications—Penalty.
Status: in_force

(1) Each applicant for or recipient of public assistance shall complete and sign a physical application or, if available, electronic application for assistance which shall contain or be verified by a written declaration that it is signed under the penalties of perjury. The department may make electronic applications available. The secretary, by rule and regulation, may require that any other forms filled out by applicants or recipients of public assistance shall contain or be verified by a written declaration that it is made under the penalties of perjury and such declaration shall be in lieu of any oath otherwise required, and each applicant shall be so informed at the time of the signing. The application and signature verification shall be in accordance with federal requirements for that program. (2) Any applicant for or recipient of public assistance who willfully makes and signs any application, statement, other paper, or electronic record which contains or is verified by a written declaration that it is made under the penalties of perjury and which he or she does not believe to be true and correct as to every material matter is guilty of a class B felony punishable according to chapter 9A.20 RCW. (3) As used in this section: (a) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. (b) "Sign" includes signing by physical signature, if available, or electronic signature. An application must contain a signature in either physical or, if available, electronic form.