reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.36 - Funding for Community Programs for the Aging. › 74.36.130 - Community programs and projects for the aging—State funding, limitations—Payments, type.

RCW 74.36.130
Community programs and projects for the aging—State funding, limitations—Payments, type.
(1) State funds made available under RCW 74.36.110 through 74.36.130 for any project shall not exceed fifty per centum of the nonfederal share of the costs. To the extent that federal law permits, and the secretary or his or her designee deems appropriate, the local community share and/or the state share may be in the form of cash or in-kind resources.
(2) Payments made under RCW 74.36.110 through 74.36.130 may be made in advance or by way of reimbursement, and in such installments and on such conditions as the secretary or his or her designee may determine, including provisions for adequate accounting systems, reasonable record retention periods, and financial audits.
[ 2013 c 23 § 224; 1971 ex.s. c 169 § 12.]
NOTES:
Moneys in possession of secretary not subject to certain proceedings: RCW 74.13.070.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.38 - Senior Citizens Services Act. › 74.38.010 - Legislative recognition—Public policy.

RCW 74.38.010
Legislative recognition—Public policy.
The legislature recognizes the need for the development and expansion of alternative services and forms of care for senior citizens. Such services should be designed to restore individuals to, or maintain them at, the level of independent living they are capable of attaining. These alternative services and forms of care should be designed to both complement the present forms of institutional care and create a system whereby appropriate services can be rendered according to the care needs of an individual. The provision of service should continue until the client is able to function independently, moves to an institution, moves from the state, dies, or withdraws from the program.
Therefore, it shall be the policy of this state to develop, expand, or maintain those programs which provide an alternative to institutional care when that form of care is premature, unnecessary, or inappropriate.
[ 1977 ex.s. c 321 § 1; 1975-'76 2nd ex.s. c 131 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.38 - Senior Citizens Services Act. › 74.38.020 - Definitions.

RCW 74.38.020
Definitions.
As used in this chapter, the following words and phrases shall have the following meaning unless the content clearly requires otherwise:
(1) "Area agency" means an agency, other than a state agency, designated by the department to carry out programs or services approved by the department in a designated geographical area of the state.
(2) "Area plan" means the document submitted annually by an area agency to the department for approval which sets forth (a) goals and measurable objectives, (b) review of past expenditures and accounting of revenue for the previous year, (c) estimated revenue and expenditures for the ensuing year, and (d) the planning, coordination, administration, social services, and evaluation activities to be undertaken to carry out the purposes of the Older Americans Act of 1965 (42 U.S.C. Sec. 3024 et seq.), as now or hereafter amended.
(3) "Department" means the department of social and health services.
(4) "Office" shall mean the office on aging which is the organizational unit within the department responsible for coordinating and administering aging problems.
(5) "Eligible persons" means senior citizens who are:
(a) Sixty-five years of age or more; or
(b) Sixty years of age or more and are either (i) nonemployed, or (ii) employed for twenty hours per week or less; and
(c) In need of services to enable them to remain in their customary homes because of physical, mental, or other debilitating impairments.
(6) "Low income" means initial resources or subsequent income at or below forty percent of the state median income as promulgated by the secretary of the United States department of health, education and welfare for Title XX of the Social Security Act, or, in the alternative, a level determined by the department and approved by the legislature.
(7) "Income" shall have the same meaning as in chapter 74.04 RCW, as now or hereafter amended; except, that money received from RCW 74.38.060 shall be excluded from this definition.
(8) "Resource" shall have the same meaning as in chapter 74.04 RCW, as now or hereafter amended.
(9) "Need" shall have the same meaning as in chapter 74.04 RCW, as now or hereafter amended.
[ 1989 1st ex.s. c 9 § 817; 1977 ex.s. c 321 § 2; 1975-'76 2nd ex.s. c 131 § 2.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.38 - Senior Citizens Services Act. › 74.38.030 - Administration of community-based services program—Area plans—Annual state plan—Determination of low-income eligible persons.

RCW 74.38.030
Administration of community-based services program—Area plans—Annual state plan—Determination of low-income eligible persons.
(1) The program of community-based services authorized under this chapter shall be administered by the department. Such services may be provided by the department or through purchase of service contracts, vendor payments or direct client grants.
The department shall, under stipend or grant programs provided under RCW 74.38.060, utilize, to the maximum staffing level possible, eligible persons in its administration, supervision, and operation.
(2) The department shall be responsible for planning, coordination, monitoring and evaluation of services provided under this chapter but shall avoid duplication of services.
(3) The department may designate area agencies in cities of not less than twenty thousand population or in regional areas within the state. These agencies shall submit area plans, as required by the department. For area plans prepared for submission in 2009, and thereafter, the area agencies may include the findings and recommendations of area-wide planning initiatives that they may undertake with appropriate local and regional partners regarding the changing age demographics of their area and the implications of this demographic change for public policies and public services. They shall also submit, in the manner prescribed by the department, such other program or fiscal data as may be required.
(4) The department shall develop an annual state plan pursuant to the Older Americans Act of 1965, as now or hereafter amended. This plan shall include, but not be limited to:
(a) Area agencies' programs and services approved by the department;
(b) Other programs and services authorized by the department; and
(c) Coordination of all programs and services.
(5) The department shall establish rules and regulations for the determination of low-income eligible persons. Such determination shall be related to need based on the initial resources and subsequent income of the person entering into a program or service. This determination shall not prevent the eligible person from utilizing a program or service provided by the department or area agency. However, if the determination is that such eligible person is nonlow income, the provision of RCW 74.38.050 shall be applied as of the date of such determination.
[ 2008 c 146 § 5; 1975-'76 2nd ex.s. c 131 § 3.]
NOTES:
Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.38 - Senior Citizens Services Act. › 74.38.040 - Scope and extent of community-based services program.

RCW 74.38.040
Scope and extent of community-based services program.
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.
[ 2013 c 23 § 225; 1983 c 290 § 14; 1977 ex.s. c 321 § 3; 1975-'76 2nd ex.s. c 131 § 4.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.38 - Senior Citizens Services Act. › 74.38.050 - Availability of services for persons other than those of low income—Utilization of volunteers and public assistance recipients—Private agencies—Well-adult clinics—Fee schedule, exceptions.

RCW 74.38.050
Availability of services for persons other than those of low income—Utilization of volunteers and public assistance recipients—Private agencies—Well-adult clinics—Fee schedule, exceptions.
The services provided in RCW 74.38.040 may be provided to nonlow-income eligible persons: PROVIDED, That the department and the area agencies on aging shall utilize volunteer workers and public assistant recipients to the maximum extent possible to provide the services provided in RCW 74.38.040: PROVIDED, FURTHER, That the department and the area agencies shall utilize the bid procedure pursuant to chapter 43.19 RCW for providing such services to low-income and nonlow-income persons whenever the services to be provided are available through private agencies at a cost savings to the department. The department shall establish a fee schedule based on the ability to pay and graduated to full recovery of the cost of the service provided; except, that nutritional services, health screening, services under the long-term care ombuds program under chapter 43.190 RCW, and access services provided in RCW 74.38.040 shall not be based on need and no fee shall be charged; except further, notwithstanding any other provision of this chapter, that well-adult clinic services may be provided in lieu of health screening services if such clinics use the fee schedule established by this section.
[ 2013 c 23 § 226; 1983 c 290 § 15; 1979 ex.s. c 147 § 1; 1977 ex.s. c 321 § 4; 1975-'76 2nd ex.s. c 131 § 5.]
NOTES:
Effective date—1979 ex.s. c 147: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1979." [ 1979 ex.s. c 147 § 4.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.38 - Senior Citizens Services Act. › 74.38.060 - Expansion of federal programs authorized.

RCW 74.38.060
Expansion of federal programs authorized.
The department may expand the foster grandparent, senior companion and retired senior volunteer programs funded under the Federal Volunteer Agency (ACTION) (P.L. 93-113 Title II), or its successor agency, which provide senior citizens with volunteer stipends, out-of-pocket expenses, or wages to perform services in the community.
[1975-'76 2nd ex.s. c 131 § 6.]
NOTES:
RSVP funding: RCW 43.63A.275.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.38 - Senior Citizens Services Act. › 74.38.061 - Expansion of federal programs authorized.

RCW 74.38.061
Expansion of federal programs authorized.
The department may expand the foster grandparent, senior companion, and retired senior volunteer programs funded under the Federal Volunteer Agency (ACTION) (P.L. 93-113 Title II), or its successor agency, which provide senior citizens with volunteer stipends, out-of-pocket expenses, or wages to perform services in the community.
[ 1977 ex.s. c 321 § 5.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.38 - Senior Citizens Services Act. › 74.38.070 - Reduced utility rates for low-income senior citizens and other low-income citizens.

RCW 74.38.070
Reduced utility rates for low-income senior citizens and other low-income citizens.
Notwithstanding any other provision of law, any county, city, town, public utility district or other municipal corporation, or quasi municipal corporation providing utility services may provide such services at reduced rates for low-income senior citizens or other low-income citizens: PROVIDED, That, for the purposes of this section, "low-income senior citizen" or "other low-income citizen" shall be defined by appropriate ordinance or resolution adopted by the governing body of the county, city, town, public utility district or other municipal corporation, or quasi municipal corporation providing the utility services. Any reduction in rates granted in whatever manner to low-income senior citizens or other low-income citizens in one part of a service area shall be uniformly extended to low-income senior citizens or other low-income citizens in all other parts of the service area.
[ 2002 c 270 § 1; 1998 c 300 § 8; 1990 c 164 § 1; 1988 c 44 § 1; 1980 c 160 § 1; 1979 c 116 § 1.]
NOTES:
Findings—Intent—1998 c 300: See RCW 19.29A.005.
Construction—1998 c 300: See RCW 19.29A.900.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.38 - Senior Citizens Services Act. › 74.38.900 - Short title.

RCW 74.38.900
Short title.
Sections 1 through 6 of this act shall be known and may be cited as the "Senior Citizens Services Act".
[1975-'76 2nd ex.s. c 131 § 7.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39 - Long-Term Care Service Options. › 74.39.001 - Finding.

RCW 74.39.001
Finding.
The legislature finds that:
Washington's chronically functionally disabled population is growing at a rapid pace. This growth, along with economic and social changes and the coming age wave, presents opportunities for the development of long-term care community services networks and enhanced volunteer participation in those networks, and creates a need for different approaches to currently fragmented long-term care programs. The legislature further recognizes that persons with functional disabilities should receive long-term care services that encourage individual dignity, autonomy, and development of their fullest human potential.
[ 1989 c 427 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39 - Long-Term Care Service Options. › 74.39.005 - Purpose.

RCW 74.39.005
Purpose.
The purpose of this chapter is to:
(1) Establish a balanced range of health, social, and supportive services that deliver long-term care services to persons with chronic functional disabilities of all ages;
(2) Ensure that functional ability shall be the determining factor in defining long-term care service needs and that these needs will be determined by a uniform system for comprehensively assessing functional disability;
(3) Ensure that services are provided in the most independent living situation consistent with individual needs;
(4) Ensure that long-term care service options shall be developed and made available that enable persons with functional disabilities to continue to live in their homes or other community residential facilities while in the care of their families or other volunteer support persons;
(5) Ensure that long-term care services are coordinated in a way that minimizes administrative cost, eliminates unnecessarily complex organization, minimizes program and service duplication, and maximizes the use of financial resources in directly meeting the needs of persons with functional limitations;
(6) Develop a systematic plan for the coordination, planning, budgeting, and administration of long-term care services now fragmented between the division of developmental disabilities, division of mental health, aging and adult services administration, division of children and family services, division of vocational rehabilitation, division of health, bureau of alcohol and substance abuse, and the department of health;
(7) Encourage the development of a statewide long-term care case management system that effectively coordinates the plan of care and services provided to eligible clients;
(8) Ensure that individuals and organizations affected by or interested in long-term care programs have an opportunity to participate in identification of needs and priorities, policy development, planning, and development, implementation, and monitoring of state supported long-term care programs;
(9) Support educational institutions in Washington state to assist in the procurement of federal support for expanded research and training in long-term care; and
(10) Facilitate the development of a coordinated system of long-term care education that is clearly articulated between all levels of higher education and reflective of both in-home care needs and institutional care needs of persons with functional disabilities.
[ 2020 c 76 § 21; 1995 1st sp.s. c 18 § 10; 1989 c 427 § 2.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39 - Long-Term Care Service Options. › 74.39.007 - Definitions.

RCW 74.39.007
Definitions.
The definitions in this section apply throughout RCW 74.39.007, 74.39.050, 74.39.070, 43.190.060, and section 1, chapter 336, Laws of 1999 unless the context clearly requires otherwise.
(1) "Self-directed care" means the process in which an adult person, who is prevented by a functional disability from performing a manual function related to health care that an individual would otherwise perform for himself or herself, chooses to direct and supervise a paid personal aide to perform those tasks.
(2) "Personal aide" means an individual, working privately or as an individual provider as defined in RCW 74.39A.240, who acts at the direction of an adult person with a functional disability living in his or her own home to assist with the physical performance of a health care task, as described in RCW 74.39.050, that persons without a functional disability can perform themselves.
[ 2022 c 86 § 1; 1999 c 336 § 2.]
NOTES:
Finding—Intent—1999 c 336: "(1) The legislature finds that certain aspects of health licensure laws have the unintended consequence of limiting the right of persons with functional disabilities to care for themselves in their own home, and of securing assistance from other persons in performing routine health-related tasks that persons without these disabilities customarily perform.
(2) It is the intent of the legislature to clarify the right of adults with functional disabilities to choose to self-direct their own health-related tasks through personal aides, and to describe the circumstances under which self-directed care may take place in the home setting. The legislature declares that it is in the public interest to preserve the autonomy and dignity of persons with functional disabilities to care for themselves in their own homes, among the continuum of options for health care services where the judgment and control over the care rests with the individual." [ 1999 c 336 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39 - Long-Term Care Service Options. › 74.39.010 - Option—Flexibility—Title XIX of the federal social security act.

RCW 74.39.010
Option—Flexibility—Title XIX of the federal social security act.
A valuable option available to Washington state to achieve the goals of RCW 74.39.001 and 74.39.005 is the flexibility in personal care and other long-term care services encouraged by the federal government under Title XIX of the federal social security act. These services include options to expand community-based long-term care services, such as adult family homes, congregate care facilities, respite, chore services, hospice, and case management.
[ 1989 c 427 § 3.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39 - Long-Term Care Service Options. › 74.39.020 - Opportunities—Increase of federal funds—Title XIX of the federal social security act.

RCW 74.39.020
Opportunities—Increase of federal funds—Title XIX of the federal social security act.
Title XIX of the federal social security act offers valuable opportunities to increase federal funds available to provide community-based long-term care services to functionally disabled persons in their homes, and in noninstitutional residential facilities, such as adult family homes and congregate care facilities.
[ 1989 c 427 § 9.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39 - Long-Term Care Service Options. › 74.39.030 - Community options program entry system—Waiver—Respite services.

RCW 74.39.030
Community options program entry system—Waiver—Respite services.
The department shall request an amendment to its community options program entry system waiver under section 1905(c) of the federal social security act to include respite services as a service available under the waiver.
[ 1989 c 427 § 11.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39 - Long-Term Care Service Options. › 74.39.041 - Community residential options—Nursing facility eligible clients.

RCW 74.39.041
Community residential options—Nursing facility eligible clients.
(1) To the extent of available funds and subject to any conditions placed on appropriations for this purpose, the department may provide one or more home and community-based waiver programs in accordance with section 1915(c) of the federal social security act for Washington residents who have a gross income in excess of three hundred percent of the federal supplemental security income benefit level. The waiver services provided in accordance with this section may differ from, and shall operate with a separate limit or limits on total enrollment than, those provided for persons who are categorically needy as defined in Title XIX of the federal social security act. The department shall adopt rules to establish eligibility criteria, applicable income standards, and the specific waiver services to be provided. Total annual enrollment levels and the services to be provided shall be as specified in the waiver agreement or agreements with the federal government, subject to any conditions on appropriations for this purpose.
(2) If a nursing facility resident becomes eligible for home and community-based waiver service alternatives to nursing facility care, but chooses to continue to reside in a nursing facility, the department must allow that choice. However, if the resident is a medicaid recipient, the resident must require a nursing facility level of care.
(3) If a recipient of home and community-based waiver services may continue to receive home and community-based waiver services, despite an otherwise disqualifying level of income, but chooses to seek admission to a nursing facility, the department must allow that choice. However, if the resident is a medicaid recipient, the resident must require a nursing facility level of care.
(4) The department will fully disclose to all individuals eligible for waiver services under this section the services available in different long-term care settings.
[ 2001 c 269 § 2.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39 - Long-Term Care Service Options. › 74.39.050 - Individuals with functional disabilities—Self-directed care.

RCW 74.39.050
Individuals with functional disabilities—Self-directed care.
(1) An adult person with a functional disability living in his or her own home may direct and supervise a paid personal aide in the performance of a health care task.
(2) The following requirements shall guide the provision of self-directed care under chapter 336, Laws of 1999:
(a) Health care tasks are those medical, nursing, or home health services that enable the person to maintain independence, personal hygiene, and safety in his or her own home, and that are services that a person without a functional disability would customarily and personally perform without the assistance of a licensed health care provider.
(b) The individual who chooses to self-direct a health care task is responsible for initiating self-direction by informing the health care professional who has ordered the treatment which involves that task of the individual's intent to perform that task through self-direction.
(c) When state funds are used to pay for self-directed tasks, a description of those tasks will be included in the client's comprehensive assessment, and subject to review with each annual reassessment.
(d) When a licensed health care provider orders treatment involving a health care task to be performed through self-directed care, the responsibility to ascertain that the patient understands the treatment and will be able to follow through on the self-directed care task is the same as it would be for a patient who performs the health care task for himself or herself, and the licensed health care provider incurs no additional liability when ordering a health care task which is to be performed through self-directed care.
(e) The role of the personal aide in self-directed care is limited to performing the physical aspect of health care tasks under the direction of the person for whom the tasks are being done. This shall not affect the ability of a person who acts as a personal aide by performing self-directed health care tasks to also provide other home care services, such as personal care or homemaker services, which enable the client to remain at home.
(f) The responsibility to initiate self-directed health care tasks, to possess the necessary knowledge and training for those tasks, and to exercise judgment regarding the manner of their performance rests and remains with the person who has chosen to self-direct those tasks, including the decision to employ and dismiss a personal aide.
[ 2022 c 86 § 2; 1999 c 336 § 3.]
NOTES:
Finding—Intent—1999 c 336: See note following RCW 74.39.007.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39 - Long-Term Care Service Options. › 74.39.070 - Personal aide—Qualification exemptions.

RCW 74.39.070
Personal aide—Qualification exemptions.
A personal aide, in the performance of a health care task, who is directed and supervised by a person with a functional disability in his or her own home, is exempt from any legal requirement to qualify and be credentialed by the department of health as a health care provider under Title 18 RCW to the extent of the responsibilities provided and health care tasks performed under chapter 336, Laws of 1999. Nothing in this section exempts an individual provider from being required to become a certified home care aide under chapter 18.88B RCW.
[ 2022 c 86 § 3; 1999 c 336 § 8.]
NOTES:
Finding—Intent—1999 c 336: See note following RCW 74.39.007.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.005 - Findings.

RCW 74.39A.005
Findings.
The legislature finds that the aging of the population and advanced medical technology have resulted in a growing number of persons who require assistance. The primary resource for long-term care continues to be family and friends. However, these traditional caregivers are increasingly employed outside the home. There is a growing demand for improvement and expansion of home and community-based long-term care services to support and complement the services provided by these informal caregivers.
The legislature further finds that the public interest would best be served by a broad array of long-term care services that support persons who need such services at home or in the community whenever practicable and that promote individual autonomy, dignity, and choice.
The legislature finds that as other long-term care options become more available, the relative need for nursing home beds is likely to decline. The legislature recognizes, however, that nursing home care will continue to be a critical part of the state's long-term care options, and that such services should promote individual dignity, autonomy, and a homelike environment.
The legislature finds that many recipients of in-home services are vulnerable and their health and well-being are dependent on their caregivers. The quality, skills, and knowledge of their caregivers are often the key to good care. The legislature finds that the need for well-trained caregivers is growing as the state's population ages and clients' needs increase. The legislature intends that current training standards be enhanced.
[ 2000 c 121 § 9; 1993 c 508 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.007 - Purpose and intent.

RCW 74.39A.007
Purpose and intent.
It is the legislature's intent that:
(1) Long-term care services administered by the department of social and health services include a balanced array of health, social, and supportive services that promote individual choice, dignity, and the highest practicable level of independence;
(2) Home and community-based services be developed, expanded, or maintained in order to meet the needs of consumers and to maximize effective use of limited resources;
(3) Long-term care services be responsive and appropriate to individual need and also cost-effective for the state;
(4) Nursing home care is provided in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident and timely discharge to a less restrictive care setting when appropriate; and
(5) State health planning for nursing home bed supply take into account increased availability of other home and community-based service options.
[ 1993 c 508 § 2.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.010 - Assisted living services and enhanced adult residential care—Contracts—Rules.

RCW 74.39A.010
Assisted living services and enhanced adult residential care—Contracts—Rules.
(1) To the extent of available funding, the department of social and health services may contract with licensed assisted living facilities under chapter 18.20 RCW and tribally licensed assisted living facilities for assisted living services and enhanced adult residential care. The department shall develop rules for facilities that contract with the department for assisted living services or enhanced adult residential care to establish:
(a) Facility service standards consistent with the principles in RCW 74.39A.051 and consistent with chapter 70.129 RCW;
(b) Standards for resident living areas consistent with RCW 74.39A.030;
(c) Training requirements for providers and their staff.
(2) The department's rules shall provide that services in assisted living and enhanced adult residential care:
(a) Recognize individual needs, privacy, and autonomy;
(b) Include, but not be limited to, personal care, nursing services, medication administration, and supportive services that promote independence and self-sufficiency;
(c) Are of sufficient scope to assure that each resident who chooses to remain in the assisted living or enhanced adult residential care may do so, to the extent that the care provided continues to be cost-effective and safe and promote the most appropriate level of physical, mental, and psychosocial well-being consistent with client choice;
(d) Are directed first to those persons most likely, in the absence of enhanced adult residential care or assisted living services, to need hospital, nursing facility, or other out-of-home placement; and
(e) Are provided in compliance with applicable facility and professional licensing laws and rules.
(3) When a facility contracts with the department for assisted living services or enhanced adult residential care, only services and facility standards that are provided to or in behalf of the assisted living services or enhanced adult residential care client shall be subject to the department's rules.
[ 2012 c 164 § 706; 2012 c 10 § 64; 1995 1st sp.s. c 18 § 14; 1993 c 508 § 3.]
NOTES:
Reviser's note: This section was amended by 2012 c 10 § 64 and by 2012 c 164 § 706, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Application—2012 c 10: See note following RCW 18.20.010.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.020 - Adult residential care—Contracts—Rules.

RCW 74.39A.020
Adult residential care—Contracts—Rules.
(1) To the extent of available funding, the department of social and health services may contract for adult residential care.
(2) The department shall, by rule, develop terms and conditions for facilities that contract with the department for adult residential care to establish:
(a) Facility service standards consistent with the principles in RCW 74.39A.051 and consistent with chapter 70.129 RCW; and
(b) Training requirements for providers and their staff.
(3) The department shall, by rule, provide that services in adult residential care facilities:
(a) Recognize individual needs, privacy, and autonomy;
(b) Include personal care and other services that promote independence and self-sufficiency and aging in place;
(c) Are directed first to those persons most likely, in the absence of adult residential care services, to need hospital, nursing facility, or other out-of-home placement; and
(d) Are provided in compliance with applicable facility and professional licensing laws and rules.
(4) When a facility contracts with the department for adult residential care, only services and facility standards that are provided to or in behalf of the adult residential care client shall be subject to the adult residential care rules.
(5) To the extent of available funding, the department may also contract under this section with a tribally licensed assisted living facility for the provision of services of the same nature as the services provided by adult residential care facilities. The provisions of subsections (2)(a) and (b) and (3)(a) through (d) of this section apply to such a contract.
[ 2012 c 164 § 707; 2012 c 10 § 65; 2004 c 142 § 15; 1995 1st sp.s. c 18 § 15.]
NOTES:
Reviser's note: This section was amended by 2012 c 10 § 65 and by 2012 c 164 § 707, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Application—2012 c 10: See note following RCW 18.20.010.
Effective dates—2004 c 142: See note following RCW 18.20.020.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.035 - Expansion of nutrition services through the meals on wheels program.

RCW 74.39A.035
Expansion of nutrition services through the meals on wheels program.
(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.
[ 2017 c 287 § 2.]
NOTES:
Findings—2017 c 287: "The legislature finds that:
(1) Washingtonians sixty-five years of age and older will nearly double in the next twenty-five years, from twelve percent of our population in 2015 to almost twenty-two percent of our population in 2040. Younger people with disabilities will also require supportive long-term care services.
(2) The long-term care system should support autonomy and self-determination. Furthermore, the long-term care system should promote personal planning and savings combined with public support, when needed.
(3) Whenever possible, the long-term care system should utilize evidence-based practices to improve the general health of Washingtonians over their lifetime[s] and reduce related health care and long-term care costs.
(4) Nutrition programs, such as the meals on wheels program, are a low-cost method of helping seniors remain independent." [ 2017 c 287 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.040 - Department assessment of and assistance to hospital patients in need of long-term care.

RCW 74.39A.040
Department assessment of and assistance to hospital patients in need of long-term care.
The department shall work in partnership with hospitals in assisting patients and their families to find long-term care services of their choice. The department shall not delay hospital discharges but shall assist and support the activities of hospital discharge planners. The department also shall coordinate with home health and hospice agencies whenever appropriate. The role of the department is to assist the hospital and to assist patients and their families in making informed choices by providing information regarding home and community options to individuals who are hospitalized and likely to need long-term care.
(1) To the extent of available funds, the department shall assess individuals who:
(a) Are medicaid clients, medicaid applicants, or eligible for both medicare and medicaid; and
(b) Apply or are likely to apply for admission to a nursing facility.
(2) For individuals who are reasonably expected to become medicaid recipients within one hundred eighty days of admission to a nursing facility, the department shall, to the extent of available funds, offer an assessment and information regarding appropriate in-home and community services.
(3) When the department finds, based on assessment, that the individual prefers and could live appropriately and cost-effectively at home or in some other community-based setting, the department shall:
(a) Advise the individual that an in-home or other community service is appropriate;
(b) Develop, with the individual or the individual's representative, a comprehensive community service plan;
(c) Inform the individual regarding the availability of services that could meet the applicant's needs as set forth in the community service plan and explain the cost to the applicant of the available in-home and community services relative to nursing facility care; and
(d) Discuss and evaluate the need for ongoing involvement with the individual or the individual's representative.
(4) When the department finds, based on assessment, that the individual prefers and needs nursing facility care, the department shall:
(a) Advise the individual that nursing facility care is appropriate and inform the individual of the available nursing facility vacancies;
(b) If appropriate, advise the individual that the stay in the nursing facility may be short term; and
(c) Describe the role of the department in providing nursing facility case management.
[ 1995 1st sp.s. c 18 § 6.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.070 - Rules for qualifications and training requirements—Requirement that contractors comply with federal and state regulations.

RCW 74.39A.070
Rules for qualifications and training requirements—Requirement that contractors comply with federal and state regulations.
(1) The department shall, by rule, establish reasonable minimum qualifications and training requirements to assure that assisted living service, enhanced adult residential care service, and adult residential care providers with whom the department contracts are capable of providing services consistent with this chapter. The rules shall apply only to residential capacity for which the state contracts.
(2) The department shall not contract for assisted living, enhanced adult residential care, or adult residential care services with a provider if the department finds that the provider or any partner, officer, director, managerial employee, or owner of five percent or more of the provider has a history of significant noncompliance with federal or state regulations, rules, or laws in providing care or services to vulnerable adults or to children.
[ 1995 1st sp.s. c 18 § 16.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.078 - Rules for the approval of curricula for facility-based caregivers serving persons with behavioral health needs and geriatric behavioral health workers—Curricula requirements.

RCW 74.39A.078
Rules for the approval of curricula for facility-based caregivers serving persons with behavioral health needs and geriatric behavioral health workers—Curricula requirements.
The department shall adopt rules to establish minimum competencies and standards for the approval of curricula for facility-based caregivers serving persons with behavioral health needs and geriatric behavioral health workers. The curricula must include at least thirty hours of training specific to the diagnosis, care, and crisis management of residents with a mental health disorder, traumatic brain injury, or dementia. The curricula must be outcome-based, and the effectiveness measured by demonstrated competency in the core specialty areas through the use of a competency test.
[ 2017 c 200 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.086 - Enforcement actions against persons not certified as home care aides and their employers—Rule-making authority.

RCW 74.39A.086
Enforcement actions against persons not certified as home care aides and their employers—Rule-making authority.
(1) The department shall take appropriate enforcement action related to the contract of a consumer directed employer or a licensed or certified private agency or facility that provides long-term care services and knowingly employs a long-term care worker who is not a certified home care aide as required under chapter 18.88B RCW or, if exempted from certification under RCW 18.88B.041, who has not completed his or her required training under RCW 74.39A.074.
(2) The department shall deny payment to individual providers who provided services under a contract with the department if they have been notified that they are no longer permitted to work because they:
(a) Were not certified as home care aides as required under chapter 18.88B RCW; or
(b) Had not completed the training required under RCW 74.39A.074.
(3) The department may terminate the contract of any individual provider under contract with the department who:
(a) Is not certified as a home care aide as required under chapter 18.88B RCW; or
(b) Has not completed the training required under RCW 74.39A.074.
(4) Chapter 34.05 RCW shall govern actions by the department under this section.
(5) The department shall adopt rules to implement this section.
[ 2018 c 278 § 10; 2012 c 164 § 602; 2012 c 1 § 109 (Initiative Measure No. 1163, approved November 8, 2011).]
NOTES:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.100 - Chore services—Legislative finding, intent.

RCW 74.39A.100
Chore services—Legislative finding, intent.
The legislature finds that it is desirable to provide a coordinated and comprehensive program of in-home services for certain citizens in order that such persons may remain in their own homes, obtain employment if possible, and maintain a closer contact with the community. Such a program will seek to prevent mental and psychological deterioration which our citizens might otherwise experience. The legislature intends that the services will be provided in a fashion which promotes independent living.
[ 1980 c 137 § 1; 1973 1st ex.s. c 51 § 1. Formerly RCW 74.08.530.]