reglab/housing_qa huggingface dataset:
WA Rev Code § 74.39A.200 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.200 - Training curricula, materials—In public domain—Exceptions.

RCW 74.39A.200 Training curricula, materials—In public domain—Exceptions.All training curricula and material, except competency testing material, developed by or for the department and used in part or in whole for the purpose of improving provider and caregiver knowledge and skill are in the public domain unless otherwise protected by copyright law and are subject to disclosure under chapter 42.56 RCW. Any training curricula and material developed by a private entity through a contract with the department are also considered part of the public domain and shall be shared subject to copyright restrictions. Any proprietary curricula and material developed by a private entity for the purposes of training staff in facilities licensed under chapter 18.20 or 70.128 RCW or individual providers and home care agency providers under this chapter and approved for training by the department are not part of the public domain.[ 2005 c 274 § 355; 2000 c 121 § 11.]
WA Rev Code § 74.39A.210 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.210 - Disclosure of employee information—Employer immunity—Rebuttable presumption.

RCW 74.39A.210 Disclosure of employee information—Employer immunity—Rebuttable presumption.An employer providing home and community services, including facilities licensed under chapters 18.51, 18.20, 70.97, and 70.128 RCW, an employer of a program operating under RCW 71A.12.040(10), a consumer directed employer, or an in-home services agency employer licensed under chapter 70.127 RCW, who discloses information about a former or current employee to a prospective home and community services employer, nursing home employer, consumer directed employer, or in-home services agency employer, is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure or its consequences if the disclosed information relates to: (1) The employee's ability to perform his or her job; (2) the diligence, skill, or reliability with which the employee carried out the duties of his or her job; or (3) any illegal or wrongful act committed by the employee when related to his or her ability to care for a vulnerable adult. For purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the employer was knowingly false or made with reckless disregard for the truth of the information disclosed. If the employee successfully rebuts the presumption of good faith standard in a court of competent jurisdiction, as the prevailing party, the employee shall be entitled to recover reasonable attorneys' fees against the employer. Nothing in this section shall affect or limit any other state, federal, or constitutional right otherwise available.[ 2018 c 278 § 15; 2001 c 319 § 13.]NOTES:Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
WA Rev Code § 74.39A.240 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.240 - Definitions.

RCW 74.39A.240 Definitions.The definitions in this section apply throughout RCW 74.39A.030, 74.39A.095, * 74.39A.220 through 74.39A.300, and 41.56.026 unless the context clearly requires otherwise.(1) "Consumer" means a person to whom an individual provider provides any such services.(2) "Department" means the department of social and health services.(3) "Individual provider" means a person, including a personal aide, who, under an individual provider contract with the department or as an employee of a consumer directed employer, provides personal care or respite care services to persons who are functionally disabled or otherwise eligible under programs authorized and funded by the medicaid state plan, medicaid waiver programs[,] chapter 71A.12 RCW, RCW 74.13.270, or similar state-funded in-home care programs.[ 2018 c 278 § 16; 2011 1st sp.s. c 21 § 7; 2002 c 3 § 3 (Initiative Measure No. 775, approved November 6, 2001).]NOTES:*Reviser's note: RCW 74.39A.220 was repealed by 2018 c 278 § 32.Findings—Intent—2018 c 278: See note following RCW 74.39A.500.Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
WA Rev Code § 74.39A.250 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.250 - Individual provider referral registry—Consumer directed employer duties—Department duties.

RCW 74.39A.250 Individual provider referral registry—Consumer directed employer duties—Department duties.(1) If a consumer directed employer employs individual providers, the consumer directed employer shall:(a) Provide assistance to consumers and prospective consumers in finding individual providers and prospective individual providers through the operation of a referral registry of individual providers and prospective individual providers.(b) Before placing an individual provider or prospective individual provider on the referral registry, determine that the individual provider or prospective individual provider:(i) Has met the minimum requirements for training under RCW 74.39A.051 and 74.39A.074;(ii) Has satisfactorily completed a background check within the prior twelve months; and(iii) Is not listed on any state or federal registry described in RCW 74.39A.056 or on other registries maintained by the department.(c) Remove from the referral registry any individual provider or prospective individual provider who does not meet the qualifications set forth in this subsection (1) or whose employment as an individual provider has been terminated based on good cause.(d) Provide routine, emergency, and respite referrals of individual providers and prospective individual providers to consumers and prospective consumers who are authorized to receive long-term in-home care services through an individual provider.(e) Not allow an individual provider to provide services to a consumer without the consumer's consent.(2) The department shall perform the activities under subsection (1) of this section if the department has not transitioned the responsibilities under this section to a consumer directed employer.[ 2018 c 278 § 17; 2012 c 164 § 708; 2011 1st sp.s. c 21 § 8; 2002 c 3 § 4 (Initiative Measure No. 775, approved November 6, 2001).]NOTES:Findings—Intent—2018 c 278: See note following RCW 74.39A.500.Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
WA Rev Code § 74.39A.261 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.261 - Background checks on individual providers—Department duties.

RCW 74.39A.261 Background checks on individual providers—Department duties.If the department contracts with individual providers, the department must perform background checks for individual providers and prospective individual providers under RCW 74.39A.056.[ 2018 c 278 § 18; 2012 c 164 § 502; 2012 c 1 § 102 (Initiative Measure No. 1163, approved November 8, 2011).]NOTES:Findings—Intent—2018 c 278: See note following RCW 74.39A.500.Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.
WA Rev Code § 74.39A.275 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.275 - Individual provider overtime—Annual expenditure reports to legislature and joint legislative-executive overtime oversight task force.

RCW 74.39A.275 Individual provider overtime—Annual expenditure reports to legislature and joint legislative-executive overtime oversight task force.In order to monitor quality of care and safety of consumers, employment conditions of individual providers, and compliance with the provisions of payment of hours in excess of forty hours each workweek for any single individual provider, the department must provide annual expenditure reports to the legislative fiscal committees and joint legislative-executive overtime oversight task force created under RCW 74.39A.525. The report must contain the following information:(1) The number of individual providers receiving payment for more than forty hours in a workweek, specifying how many of those individual providers were eligible for those hours due to meeting the conditions of RCW 74.39A.525.(2) The number of hours paid and the amount paid for hours in excess of forty hours in a workweek, specifying how many of those hours and payments were for individual providers eligible for those hours and payments due to meeting the conditions of RCW 74.39A.525 (1) or (2).(3) In reporting the information required in subsections (1) and (2) of this section, the department must provide total amounts, averages, and a display of the distribution of the amounts.(4) The information required must be provided by department region and county of client, department program, and must be specified for individual providers by the number of clients they serve.(5) Any personally identifiable information of consumers and individual providers used to develop this report is confidential under RCW 43.17.410 and exempt from public disclosure, inspection, or copying in accordance with chapter 42.56RCW. However, information may be released in aggregate form, with any personally identifiable information redacted, for the purpose of statistical analysis and oversight of agency performance and actions.[ 2018 c 278 § 21; 2016 sp.s. c 30 § 3.]NOTES:Findings—Intent—2018 c 278: See note following RCW 74.39A.500.Effective date—Overtime emergency rules—2016 sp.s. c 30: See notes following RCW 74.39A.270.
WA Rev Code § 74.39A.320 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.320 - Establishment of capital add-on rate—Determination of medicaid occupancy percentage.

RCW 74.39A.320 Establishment of capital add-on rate—Determination of medicaid occupancy percentage.(1) To the extent funds are appropriated for this purpose, the department shall establish a capital add-on rate, not less than the July 1, 2005, capital add-on rate established by the department, for those assisted living facilities contracting with the department that have a medicaid occupancy percentage of sixty percent or greater.(2) Effective for July 1, 2006, and for each July 1st rate-setting period thereafter, the department shall determine the facility's medicaid occupancy percentage using the last six months' medicaid resident days from the preceding calendar year divided by the product of all its licensed assisted living facility beds irrespective of use, times calendar days for the six-month period. For the purposes of this section, medicaid resident days include those clients who are enrolled in a medicaid managed long-term care program, including but not limited to the program for all inclusive care and the medicaid integration project.(3) The medicaid occupancy percentage established beginning on July 1, 2006, and for each July 1st thereafter, shall be used to determine whether an assisted living facility qualifies for the capital add-on rate under this section. Those facilities that qualify for the capital add-on rate shall receive the capital add-on rate throughout the applicable fiscal year.[ 2012 c 10 § 67; 2006 c 260 § 1.]NOTES:Application—2012 c 10: See note following RCW 18.20.010.Effective date—2006 c 260: "This act takes effect July 1, 2006." [ 2006 c 260 § 2.]
WA Rev Code § 74.39A.331 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.331 - Peer mentoring.

RCW 74.39A.331 Peer mentoring.Long-term care workers shall be offered on-the-job training or peer mentorship for at least one hour per week in the first ninety days of work from a long-term care worker who has completed at least twelve hours of mentor training and is mentoring no more than ten other workers at any given time. This requirement applies to long-term care workers who begin work on or after July 1, 2012, except that it does not apply to long-term care workers employed by community residential service businesses until January 1, 2016.[ 2012 c 164 § 403; 2012 c 1 § 111 (Initiative Measure No. 1163, approved November 8, 2011).]NOTES:Reviser's note: The language of this section, as enacted by 2012 c 1 § 111, was identical to RCW 74.39A.330 as amended by 2009 c 478 § 1, which was repealed by 2012 c 1 § 115. This section has since been amended by 2012 c 164 § 403.Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.
WA Rev Code § 74.39A.351 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.351 - Advanced training.

RCW 74.39A.351 Advanced training.(1) The department shall offer, directly or through contract, training opportunities sufficient for a long-term care worker to accumulate seventy hours of training within a reasonable time period. For individual providers represented by an exclusive bargaining representative, the training opportunities shall be offered through the training partnership established under RCW 74.39A.360.(2) Training topics offered under this section shall include, but are not limited to: Client rights; personal care; mental illness; dementia; developmental disabilities; depression; medication assistance; advanced communication skills; positive client behavior support; developing or improving client-centered activities; dealing with wandering or aggressive client behaviors; medical conditions; nurse delegation core training; peer mentor training; and advocacy for quality care training.(3) The department may not require long-term care workers to obtain the training described in this section.[ 2018 c 278 § 24; 2012 c 164 § 404; 2012 c 1 § 113 (Initiative Measure No. 1163, approved November 8, 2011).]NOTES:Findings—Intent—2018 c 278: See note following RCW 74.39A.500.Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.
WA Rev Code § 74.39A.360 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.360 - Training partnership.

RCW 74.39A.360 Training partnership.(1) If the department has any contracts for personal care services with any individual providers represented by an exclusive bargaining representative:(a) All training and peer mentoring required under this chapter shall be provided by a training partnership;(b) Contributions to the partnership shall be made under a collective bargaining agreement negotiated under this chapter;(c) The training partnership shall provide reports as required by the department verifying that all individual providers have complied with all training requirements; and(d) The exclusive bargaining representative shall designate the training partnership.(2) When individual providers are employed by a consumer directed employer, funding for training shall be included in the labor rate component paid to the consumer directed employer as determined and funded under RCW 74.39A.530.[ 2018 c 278 § 25; 2007 c 361 § 6.]NOTES:Findings—Intent—2018 c 278: See note following RCW 74.39A.500.Construction—Severability—Captions not law—Short title—2007 c 361: See notes following RCW 74.39A.009.
WA Rev Code § 74.39A.370 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.370 - Addressing long-term care complaint workload.

RCW 74.39A.370 Addressing long-term care complaint workload.Subject to funding provided for this specific purpose, the department of social and health services shall use additional investigative resources to address a significant growth in the long-term care complaint workload. The department shall use the resulting licensor resources to meet current statutory requirements and timelines. "Complaints," as used in this section, include both complaints about provider practice, under chapters 70.128, 18.20, 18.51, and 74.42 RCW, and complaints about individuals alleged to have abused, neglected, abandoned, or exploited residents or clients, under chapter 74.34 RCW.[ 2011 1st sp.s. c 3 § 501.]NOTES:Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.
WA Rev Code § 74.39A.380 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.380 - Internal quality review and accountability program for residential care services—Quality assurance panel—Report.

RCW 74.39A.380 Internal quality review and accountability program for residential care services—Quality assurance panel—Report.(1) Subject to funding provided for this specific purpose, the department of social and health services shall develop for phased-in implementation a statewide internal quality review and accountability program for residential care services. The program must be designed to enable the department to improve the accountability of staff and the consistent application of investigative activities across all long-term care settings, and must allow the systematic monitoring and evaluation of long-term care licensing and certification. The program must be designed to improve and standardize investigative outcomes for the vulnerable individuals at risk of abuse and neglect, and coordinate outcomes across the department to prevent perpetrators from changing settings and continuing to work with vulnerable adults.(2) The department shall convene a quality assurance panel to review problems in the quality of care in adult family homes and to reduce incidents of abuse, neglect, abandonment, and financial exploitation. The state's long-term care ombuds shall chair the panel and identify appropriate stakeholders to participate. The panel must consider inspection, investigation, public complaint, and enforcement issues that relate to adult family homes. The panel must also focus on oversight issues to address de minimis violations, processes for handling unresolved citations, and better ways to oversee new providers. The panel shall meet at least quarterly, and provide a report with recommendations to the governor's office, the senate health and long-term care committee, and the house of representatives health and wellness committee by December 1, 2012.[ 2013 c 23 § 228; 2011 1st sp.s. c 3 § 502.]NOTES:Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.
WA Rev Code § 74.39A.390 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.390 - Personal care services—Glove access.

RCW 74.39A.390 Personal care services—Glove access.(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.[ 2014 c 70 § 1.]
WA Rev Code § 74.39A.505 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.505 - Consumer directed employer program—Rule-making authority—2018 c 278.

RCW 74.39A.505 Consumer directed employer program—Rule-making authority—2018 c 278.The department may adopt any rules as it deems necessary to implement the provisions of chapter 278, Laws of 2018.[ 2018 c 278 § 4.]NOTES:Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
WA Rev Code § 74.39A.510 (2021)
2021 Revised Code of Washington|Title 74 - Public Assistance|Chapter 74.39A - Long-Term Care Services Options—Expansion.|74.39A.510 - Consumer directed employer program—Limitations.

RCW 74.39A.510 Consumer directed employer program—Limitations.(1) Nothing in chapter 278, Laws of 2018 modifies the department's:(a) Authority to establish a plan of care for each consumer, including establishing the number of hours in a week a consumer may assign to any one provider consistent with RCW 74.39A.525;(b) Core responsibility to manage long-term in-home care services under this chapter, including determination of the level of care that each consumer is eligible to receive;(c) Obligation to comply with the federal medicaid laws and regulations, the state medicaid plan, or any waiver granted by the federal department of health and human services; and to ensure federal financial participation in the provision of services.(2) Nothing in chapter 278, Laws of 2018 modifies the legislature's right to make programmatic modifications to the delivery of state services under this title, including eligibility standards for consumers, standards for individual providers, and the nature of services provided.(3) Nothing in this chapter shall cause individuals who were hired as long-term care workers prior to January 7, 2012, to lose their exemption from certification requirements under RCW 18.88B.041 solely because they became employees of a consumer directed employer.[ 2018 c 278 § 5.]NOTES:Findings—Intent—2018 c 278: See note following RCW 74.39A.500.