reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.110 - Chore services—Legislative policy and intent regarding available funds—Levels of service.

RCW 74.39A.110
Chore services—Legislative policy and intent regarding available funds—Levels of service.
It is the intent of the legislature that chore services be provided to eligible persons within the limits of funds appropriated for that purpose. Therefore, the department shall provide services only to those persons identified as at risk of being placed in a long-term care facility in the absence of such services. The department shall not provide chore services to any individual who is eligible for, and whose needs can be met by another community service administered by the department. Chore services shall be provided to the extent necessary to maintain a safe and healthful living environment. It is the policy of the state to encourage the development of volunteer chore services in local communities as a means of meeting chore care service needs and directing financial resources. In determining eligibility for chore services, the department shall consider the following:
(1) The kind of services needed;
(2) The degree of service need, and the extent to which an individual is dependent upon such services to remain in his or her home or return to his or her home;
(3) The availability of personal or community resources which may be utilized to meet the individual's need; and
(4) Such other factors as the department considers necessary to insure service is provided only to those persons whose chore service needs cannot be met by relatives, friends, nonprofit organizations, other persons, or by other programs or resources.
In determining the level of services to be provided under this chapter, the client shall be assessed using an instrument designed by the department to determine the level of functional disability, the need for service and the person's risk of long-term care facility placement.
[ 1995 1st sp.s. c 18 § 36; 1989 c 427 § 5; 1981 1st ex.s. c 6 § 16. Formerly RCW 74.08.545.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.120 - Chore services—Expenditure limitation—Priorities—Rule on patient resource limit.

RCW 74.39A.120
Chore services—Expenditure limitation—Priorities—Rule on patient resource limit.
(1) The department shall establish a monthly dollar lid for each region on chore services expenditures within the legislative appropriation. Priority for services shall be given to the following situations:
(a) People who were receiving chore personal care services as of June 30, 1995;
(b) People for whom chore personal care services are necessary to return to the community from a nursing home;
(c) People for whom chore personal care services are necessary to prevent unnecessary nursing home placement; and
(d) People for whom chore personal care services are necessary as a protective measure based on referrals resulting from an adult protective services investigation.
(2) The department shall require a client to participate in the cost of chore services as a necessary precondition to receiving chore services paid for by the state. The client shall retain an amount equal to one hundred percent of the federal poverty level, adjusted for household size, for maintenance needs. The department shall consider the remaining income as the client participation amount for chore services except for those persons whose participation is established under *RCW 74.08.570.
(3) The department shall establish, by rule, the maximum amount of resources a person may retain and be eligible for chore services.
[ 1995 1st sp.s. c 18 § 37.]
NOTES:
*Reviser's note: RCW 74.08.570 was recodified as RCW 74.39A.150 pursuant to 1995 1st sp.s. c 18 § 34.
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.130 - Chore services—Department to develop program.

RCW 74.39A.130
Chore services—Department to develop program.
(1) The department is authorized to develop a program to provide for chore services under this chapter.
(2) The department may provide assistance in the recruiting of providers of the services enumerated in RCW 74.39A.120 and seek to assure the timely provision of services in emergency situations.
(3) The department shall assure that all providers of the chore services under this chapter are compensated for the delivery of the services on a prompt and regular basis.
[ 1995 1st sp.s. c 18 § 40; 1989 c 427 § 6; 1983 c 3 § 189; 1980 c 137 § 2; 1973 1st ex.s. c 51 § 3. Formerly RCW 74.08.550.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.140 - Chore services—Employment of public assistance recipients.

RCW 74.39A.140
Chore services—Employment of public assistance recipients.
In developing the program set forth in *RCW 74.08.550, the department shall, to the extent possible, and consistent with federal law, enlist the services of persons receiving grants under the provisions of chapter 74.08 RCW and chapter 74.12 RCW to carry out the services enumerated under **RCW 74.08.541. To this end, the department shall establish appropriate rules and regulations designed to determine eligibility for employment under this section, as well as regulations designed to notify persons receiving such grants of eligibility for such employment. The department shall further establish a system of compensation to persons employed under the provisions of this section which provides that any grants they receive under chapter 74.08 RCW or chapter 74.12 RCW shall be diminished by such percentage of the compensation received under this section as the department shall establish by rules and regulations.
[ 1983 c 3 § 190; 1973 1st ex.s. c 51 § 4. Formerly RCW 74.08.560.]
NOTES:
Reviser's note: *(1) RCW 74.08.550 was recodified as RCW 74.39A.130 pursuant to 1995 1st sp.s. c 18 § 34, effective July 1, 1995.
**(2) RCW 74.08.541 was repealed by 1995 1st sp.s. c 18 § 35, effective July 1, 1995.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.150 - Chore services for persons with disabilities—Eligibility.

RCW 74.39A.150
Chore services for persons with disabilities—Eligibility.
(1) An otherwise eligible disabled person shall not be deemed ineligible for chore services under this chapter if the person's gross income from employment, adjusted downward by the cost of the chore services to be provided and the disabled person's work expenses, does not exceed the maximum eligibility standard established by the department for such chore services. The department shall establish a methodology for client participation that allows such disabled persons to be employed.
(2) If a disabled person arranges for chore services through an individual provider arrangement, the client's contribution shall be counted as first dollar toward the total amount owed to the provider for chore services rendered.
(3) As used in this section:
(a) "Gross income" means total earned wages, commissions, salary, and any bonus;
(b) "Work expenses" includes:
(i) Payroll deductions required by law or as a condition of employment, in amounts actually withheld;
(ii) The necessary cost of transportation to and from the place of employment by the most economical means, except rental cars; and
(iii) Expenses of employment necessary for continued employment, such as tools, materials, union dues, transportation to service customers if not furnished by the employer, and uniforms and clothing needed on the job and not suitable for wear away from the job;
(c) "Employment" means any work activity for which a recipient receives monetary compensation;
(d) " Disabled" means:
(i) Permanently and totally disabled as defined by the department and as such definition is approved by the federal social security administration for federal matching funds;
(ii) Eighteen years of age or older;
(iii) A resident of the state of Washington; and
(iv) Willing to submit to such examinations as are deemed necessary by the department to establish the extent and nature of the disability.
[ 1995 1st sp.s. c 18 § 41; 1989 c 427 § 7; 1980 c 137 § 3. Formerly RCW 74.08.570.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.155 - Support for persons at risk of institutional placement.

RCW 74.39A.155
Support for persons at risk of institutional placement.
Within funds appropriated for this purpose, the department shall provide additional support for residents in community settings who exhibit challenging behaviors that put them at risk for institutional placement. The residents must be receiving services under programs authorized through the medicaid state plan, medicaid waiver authorities, or similar state-funded in-home care programs, and must have been evaluated under the individual comprehensive assessment reporting and evaluation process.
[ 2018 c 278 § 14; 2008 c 146 § 8.]
NOTES:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.160 - Transfer of assets—Penalties.

RCW 74.39A.160
Transfer of assets—Penalties.
(1) A person who receives an asset from an applicant for or recipient of long-term care services for less than fair market value shall be subject to a civil fine payable to the department if:
(a) The applicant for or recipient of long-term care services transferred the asset for the purpose of qualifying for state or federal coverage for long-term care services and the person who received the asset was aware, or should have been aware, of this purpose;
(b) Such transfer establishes a period of ineligibility for such service under state or federal laws or regulations; and
(c) The department provides coverage for such services during the period of ineligibility because the failure to provide such coverage would result in an undue hardship for the applicant or recipient.
(2) The civil fine imposed under this section shall be imposed in a judicial proceeding initiated by the department and shall equal (a) up to one hundred fifty percent of the amount the department expends for the care of the applicant or recipient during the period of ineligibility attributable to the amount transferred to the person subject to the civil fine plus (b) the department's court costs and legal fees.
(3) Transfers subject to a civil fine under this section shall be considered null and void and a fraudulent conveyance as to the department. The department shall have the right to petition a court to set aside such transfers and require all assets transferred returned to the applicant or recipient.
[ 1995 1st sp.s. c 18 § 55.]
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.170 - Recovery of payments—Transfer of assets rules for eligibility—Disclosure of estate recovery costs, terms, and conditions.

RCW 74.39A.170
Recovery of payments—Transfer of assets rules for eligibility—Disclosure of estate recovery costs, terms, and conditions.
(1) All payments made in state-funded long-term care shall be recoverable as if they were medical assistance payments subject to recovery under 42 U.S.C. Sec. 1396p and chapter 43.20B RCW, but without regard to the recipient's age.
(2) In determining eligibility for state-funded long-term care services programs, the department shall impose the same rules with respect to the transfer of assets for less than fair market value as are imposed under 42 U.S.C. 1396p with respect to nursing home and home and community services.
(3) It is the responsibility of the department to fully disclose in advance verbally and in writing, in easy to understand language, the terms and conditions of estate recovery to all persons offered long-term care services subject to recovery of payments.
(4) In disclosing estate recovery costs to potential clients, and to family members at the consent of the client, the department shall provide a written description of the community service options.
(5) The department of social and health services shall develop an implementation plan for notifying the client or his or her legal representative at least quarterly of the types of services used and the cost of those services (debt) that will be charged against the estate. The estate planning implementation plan shall be submitted by December 12, 1999, to the appropriate standing committees of the house of representatives and the senate, and to the joint legislative and executive task force on long-term care.
[ 1999 c 354 § 1; 1995 1st sp.s. c 18 § 56.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Recovery for state-funded long-term care—Legislative intent: RCW 43.20B.090.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.180 - Authority to pay for probate actions and collection of bad debts.

RCW 74.39A.180
Authority to pay for probate actions and collection of bad debts.
Notwithstanding any other provision of law:
(1) In order to facilitate and ensure compliance with the federal social security act, Title XIX, as now existing or hereafter amended, later enactment to be adopted by reference by the director by rule, and other state laws mandating recovery of assets from estates of persons receiving long-term care services, the secretary of the department, with the approval of the office of the attorney general, may pay the reasonable and proper fees of attorneys admitted to practice before courts of this state, and associated professionals such as guardians, who are engaged in probate practice for the purpose of maintaining actions under Title 11 RCW, to the end that assets are not wasted, but are rather collected and preserved, and used for the care of the client or the reimbursement of the department pursuant to this chapter or chapter 43.20B RCW.
(2) The department may hire such other agencies and professionals on a contingency basis or otherwise as are necessary and cost-effective to collect bad debts owed to the department for long-term care services.
[ 1995 1st sp.s. c 18 § 57.]
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.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.]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.
2023 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.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.520 - Individual providers employed by a consumer directed employer—Consumer's right to select, schedule, supervise, or dismiss individual providers.

RCW 74.39A.520
Individual providers employed by a consumer directed employer—Consumer's right to select, schedule, supervise, or dismiss individual providers.
The following provisions apply only if individual providers are employed by a consumer directed employer:
(1) Consumers and prospective consumers have the right to select, schedule, supervise the work of, and dismiss any individual provider providing services to them consistent with the consumer's plan of care.
(2) Nothing in this section modifies:
(a) The consumer directed employer's authority to:
(i) Refuse to employ an individual provider who may not be able to meet the needs of a particular consumer;
(ii) Assign an individual provider who has been dismissed by a consumer to a different consumer who has selected the individual provider;
(iii) Provide information to a consumer about an individual provider's work history as an employee of the consumer directed employer; or
(iv) Terminate the provider's employment when the individual is not meeting the needs of the consumer.
(b) The consumer's right to:
(i) Assign hours to one or more individual providers consistent with this chapter, the rules adopted under this chapter, and his or her plan of care; or
(ii) Dismiss an individual provider.
[ 2018 c 278 § 20.]
NOTES:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.540 - Home care safety net assessment work group—Securing federal funding—Contracting—Reporting.

RCW 74.39A.540
Home care safety net assessment work group—Securing federal funding—Contracting—Reporting.
(1) The home care safety net assessment work group is established, with the following members:
(a) The director of the health care authority, or the director's designee;
(b) The secretary of the department, or the secretary's designee;
(c) The secretary of the department of health, or the secretary's designee;
(d) The director of the department of revenue, or the director's designee;
(e) A representative from the exclusive bargaining representative of individual providers;
(f) A representative of a coalition representing home care agencies serving medicaid clients;
(g) A representative of an association representing home care and home health agencies; and
(h) A representative from each consumer directed employer in Washington.
(2) The work group shall develop a home care safety net assessment proposal to secure federal matching funds under federally prescribed programs available through the state medicaid plan or a waiver. In developing the proposal, the work group shall consider the financial information provided by consumer directed employers and in-home services agencies under RCW 70.127.295 to the extent authorized under RCW 70.127.295(4)(b)(ii) and any relevant data analysis of the financial information provided by a private entity under contract with the health care authority pursuant to subsection (3) of this section.
(3) The health care authority may contract with a private entity to provide data analysis of the financial information submitted by in-home services agencies and consumer directed employers as necessary to inform the work group's development of a home care safety net assessment proposal. The data analysis must include the development of various financial modeling options that may meet federal regulations for approval of the assessment.
(4) Staff support to the work group must be provided by the health care authority.
(5) The work group shall report its findings to the governor and the appropriate committees of the legislature by December 1, 2024. The report must include recommendations related to the elements necessary to adopt and implement a home care safety net assessment proposal that meets the requirements needed for federal approval.
[ 2023 c 209 § 2.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.550 - Long-term care industry data—Annual report.

RCW 74.39A.550
Long-term care industry data—Annual report.
Subject to the availability of amounts appropriated for this specific purpose, beginning June 1, 2025, the department shall annually report on the status of:
(1) The long-term care worker supply;
(2) The average wages of long-term care workers compared to entry-level positions in other industries;
(3) Projections of service demands;
(4) Geographic disparities in the supply of long-term care workers; and
(5) Any race, gender, or other worker demographic data available through preexisting administrative data sources.
[ 2023 c 424 § 9.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.800 - Changes to agreements—Performance of duties.

RCW 74.39A.800
Changes to agreements—Performance of duties.
(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.
[ 2012 c 1 § 304 (Initiative Measure No. 1163, approved November 8, 2011).]
NOTES:
Intent—Findings—Performance audits—Spending limits—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.900 - Section captions—1993 c 508.

RCW 74.39A.900
Section captions—1993 c 508.
Section captions as used in this act constitute no part of the law.
[ 1993 c 508 § 10.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.901 - Conflict with federal requirements.

RCW 74.39A.901
Conflict with federal requirements.
If any part of this chapter or a collective bargaining agreement under this chapter is found by a court of competent jurisdiction to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter or the agreement is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this chapter or the agreement in its application to the agencies concerned. The rules under this chapter shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 2004 c 3 § 5; 1993 c 508 § 11.]
NOTES:
Severability—Effective date—2004 c 3: See notes following RCW 74.39A.270.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.39A - Long-Term Care Services Options—Expansion. › 74.39A.903 - Effective date—1993 c 508.

RCW 74.39A.903
Effective date—1993 c 508.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 18, 1993].
[ 1993 c 508 § 13.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.41 - Respite Care Services. › 74.41.010 - Legislative findings.

RCW 74.41.010
Legislative findings.
The legislature recognizes that:
(1) Most care provided for functionally disabled adults is delivered by family members or friends who are not compensated for their services. Family involvement is a crucial element for avoiding or postponing institutionalization of the disabled adult.
(2) Family or other caregivers who provide continuous care in the home are frequently under substantial stress, physical, psychological, and financial. The stress, if unrelieved by family or community support to the caregiver, may lead to premature or unnecessary nursing home placement.
(3) Respite care and other community-based supportive services for the caregiver and for the disabled adult could relieve some of the stresses, maintain and strengthen the family structure, and postpone or prevent institutionalization.
(4) With family and friends providing the primary care for the disabled adult, supplemented by community health and social services, long-term care may be less costly than if the individual were institutionalized.
[ 1984 c 158 § 1.]