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74.34.300 | Vulnerable adult fatality reviews. | (1) The department shall conduct a vulnerable adult fatality review in the event of a death of a vulnerable adult when the department has reason to believe that the death of the vulnerable adult may be related to the abuse, abandonment, exploitation, or neglect of the vulnerable adult, or may be related to the vulnerab... |
74.34.305 | Statement to vulnerable adults. | (1) When the department opens an investigation of a report of abandonment, abuse, financial exploitation, or neglect of a vulnerable adult, the department shall, at the time of the interview of the vulnerable adult who is an alleged victim, provide a written statement of the rights afforded under this chapter and other... |
74.34.310 | Service of process or filing fees prohibited—Certified copies. | A public agency may not charge a fee for filing or service of process to petitioners seeking relief under this chapter. Petitioners must be provided the necessary number of certified copies at no cost.
[ 2012 c 156 s 1 .] |
74.34.320 | Written protocol—Counties encouraged to develop for handling criminal cases involving vulnerable adults—Vulnerable adult advocacy teams—Confidentiality—Disclosure of information. | (1) Each county is encouraged to develop a written protocol for handling criminal cases involving vulnerable adults. The protocol shall: (a) Address the coordination of vulnerable adult mistreatment investigations among the following groups as appropriate and when available: The prosecutor's office; law enforcement; ad... |
74.34.902 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
74.36.100 | Department to participate in and administer Federal Older Americans Act of 1965. | The department of social and health services is authorized to take advantage of and participate in the Federal Older Americans Act of 1965 (Public Law 89-73, 89th Congress, 79 Stat. 220) and to accept, administer and disburse any federal funds that may be available under said act.
[ 1970 ex.s. c 18 s 27 ; 1967 ex.s. c ... |
74.36.110 | Community programs and projects for the aging—Allotments for—Purpose. | The secretary of the department of social and health services or his or her designee is authorized to allot for such purposes all or a portion of whatever state funds the legislature appropriates or are otherwise made available for the purpose of matching local funds dedicated to community programs and projects for the... |
74.36.120 | Community programs and projects for the aging—Standards for eligibility and approval—Informal hearing on denial of approval. | (1) The secretary or his or her designee shall adopt and set forth standards for determining the eligibility and approval of community projects and priorities therefor, and shall have final authority to approve or deny such projects and funding requested under RCW 74.36.110 through 74.36.130 . (2) Only community projec... |
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 ... |
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 car... |
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 ar... |
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 7... |
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. The... |
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, Tha... |
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 ... |
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... |
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 o... |
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 s 7.] |
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 ... |
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 t... |
74.39.007 | Definitions.(Effective until January 1, 2026.) | 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... |
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... |
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.
[ ... |
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 s 11 .] |
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 o... |
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, ... |
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 res... |
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 ... |
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 servi... |
74.39A.009 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adult family home" means a home licensed under chapter 70.128 RCW. (2) "Adult residential care" means services provided by an assisted living facility that is licensed under chapter 18.20 RCW and that has a... |
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 fac... |
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 consisten... |
74.39A.030 | Expansion of home and community services—Payment rates. | (1) To the extent of available funding, the department shall expand cost-effective options for home and community services for consumers for whom the state participates in the cost of their care. (2) In expanding home and community services, the department shall take full advantage of federal funding available under Ti... |
74.39A.032 | Medicaid payment methodology for certain contracted assisted living facilities—Established by rule—Required components. | (1) The department shall establish in rule a new medicaid payment system for contracted assisted living, adult residential care, and enhanced adult residential care. Beginning July 1, 2019, payments for these contracts must be based on the new methodology which must be phased-in to full implementation according to fund... |
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 prov... |
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 ... |
74.39A.051 | Quality improvement principles. | The department's system of quality improvement for long-term care services shall use the following principles, consistent with applicable federal laws and regulations: (1) The system shall be client-centered and promote privacy, independence, dignity, choice, and a home or home-like environment for consumers consistent... |
74.39A.056 | Background checks on long-term care workers. | (1)(a) All long-term care workers shall be screened through state and federal background checks in a uniform and timely manner to verify that they do not have a history that would disqualify them from working with vulnerable persons. The department must process background checks for long-term care workers and, based on... |
74.39A.060 | Toll-free telephone number for complaints—Investigation and referral—Rules—Discrimination or retaliation prohibited. | (1) The aging and long-term support administration of the department shall establish and maintain a toll-free telephone number for receiving complaints regarding facilities and community residential services businesses as defined in this chapter. (2) Each facility shall post in a place and manner clearly visible to res... |
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... |
74.39A.074 | Training requirements for long-term care workers—Rules. | (1)(a) Except for long-term care workers exempt from certification under RCW 18.88B.041 (1)(a), all persons hired as long-term care workers must meet the minimum training requirements in this section within one hundred twenty calendar days after the date of being hired. (b) Except as provided in RCW 74.39A.076 , the mi... |
74.39A.076 | Training requirements for long-term care workers caring for family members. | (1) Beginning January 7, 2012, except for long-term care workers exempt from certification under RCW 18.88B.041 (1)(a): (a) A parent who is the long-term care worker providing in-home care only for the person's developmentally disabled child, including when related by marriage or domestic partnership, must receive 12 h... |
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,... |
74.39A.080 | Department authority to take actions in response to noncompliance or violations. | (1) The department is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department finds that a provider of assisted living services, adult residential care services, or enhanced adult residential care services has: (a) Failed or refused to comply with the r... |
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 1... |
74.39A.090 | Discharge planning—Contracts for case management services and reassessment and reauthorization—Assessment of case management roles and quality of in-home care services—Plan of care model language. | (1) Discharge planning, as directed in this section, is intended for residents and patients identified for discharge to long-term services under RCW 70.41.320 , 74.39A.040 , or 74.42.058 . The purpose of discharge planning is to protect residents and patients from the financial incentives inherent in keeping residents ... |
74.39A.095 | Case management services—Contractual requirements—Consumers' plans of care—Notification to consumer directed employer. | (1) In carrying out case management responsibilities established under RCW 74.39A.090 for consumers who are receiving services under programs authorized through the medicaid state plan, medicaid waiver authorities, or similar state-funded in-home care programs, to the extent of available funding, the contracts with eac... |
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... |
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... |
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 persona... |
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 sh... |
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,... |
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 establ... |
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, medicai... |
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 f... |
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 de... |
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 person... |
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 chapte... |
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 inform... |
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 ** 41.56.151 unless the context clearly requires otherwise. (1) "Consumer" means a person to whom an individual provider provides any such services. (2) "Department" means the department of social and he... |
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 ... |
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 s 18 ; 2012 c 164 s 502 ; 2012 c 1 s 102 (Initiative Measure No. 1163, approved November 8, 2011).]
Findings — Intent — 2... |
74.39A.270 | Individual providers contracted with the department—Collective bargaining—Circumstances in which individual providers are considered public employees—Exceptions—Limitations. | The following provisions apply only to individual providers who are contracted with the department to provide personal care or respite care services: (1) Solely for the purposes of collective bargaining and as expressly limited under subsections (2) and (3) of this section, the governor is the public employer, as defin... |
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 c... |
74.39A.300 | Funding process—Department-contracted individual providers. | If the department contracts with any individual providers for personal care services, funding will be determined in accordance with the following process: (1) Upon meeting the requirements of subsection (2) of this section, the governor must submit, as a part of the proposed biennial or supplemental operating budget su... |
74.39A.310 | Contract for individual home care services providers—Cost of change in wages and benefits funded or increase in labor rates. | *** CHANGE IN 2026 *** (SEE 6019-S.SL ) ***
(1) The department shall convert and distribute any change in the total amount of wages and benefits negotiated and funded in the contract for individual providers of home care services pursuant to RCW 74.39A.270 and 74.39A.300 or labor rates established under RCW 74.39A.530 ... |
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 perc... |
74.39A.326 | In-home personal care or respite services to family members—Department not authorized to pay—Exceptions—Enforcement—Rules. | (1)(a) Except as provided under (b) of this subsection, the department shall not pay a home care agency licensed under chapter 70.127 RCW for in-home personal care or respite services provided under this chapter, Title 71A RCW, or chapter 74.39 RCW if the care is provided to a client by a family member of the client. T... |
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 appli... |
74.39A.341 | Continuing education requirements for long-term care workers.(Effective until January 1, 2027.) | (1) All long-term care workers shall complete 12 hours of continuing education training in advanced training topics each year. This requirement applies beginning July 1, 2012. (2) Completion of continuing education as required in this section is a prerequisite to maintaining home care aide certification under chapter 1... |
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... |
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 ... |
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 ... |
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 accountabi... |
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 protec... |
74.39A.400 | Personal care services—Community first choice option. | (1) The department of social and health services shall refinance medicaid personal care services under the community first choice option. Beginning July 1, 2014, the department shall seek stakeholder input on program and system design prior to the submission of a proposal to the center for medicaid and medicare [center... |
74.39A.433 | Continuing education for long-term care workers work group. | (1) The department shall convene a work group to review existing available continuing education courses offered to long-term care workers under RCW 74.39A.341 and provide input and recommendations for the inclusion of topics relevant to individual providers caring for a family member to be incorporated into the develop... |
74.39A.500 | Consumer directed employer program—Establishment—Structure—Vendor qualifications—Transition—Department duties. | (1) The department may establish and implement a consumer directed employer program to provide personal care, respite care, and similar services to individuals with functional impairments under programs authorized through the medicaid state plan or medicaid waiver authorities and similar state-funded in-home care progr... |
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 s 4 .]
Findings — Intent — 2018 c 278: See note following RCW 74.39A.500 . |
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 servic... |
74.39A.515 | Duties of consumer directed employers that employ individual providers—Case management responsibilities—Rule making. | (1) If a consumer directed employer employs individual providers, then the consumer directed employer shall: (a) Verify that each individual provider has met any training requirements established under this chapter and rules adopted under this chapter; (b) Conduct background checks on individual providers as required u... |
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) Not... |
74.39A.525 | Overtime criteria—Department-contracted individual providers—Individual providers employed by a consumer directed employer—Rule making—Expenditure reports—Joint legislative-executive overtime oversight task force. | (1) Except as authorized by subsection (3) or (4) of this section or otherwise required by law, the department may not permit a client to use a single department-contracted individual provider for more than forty hours in one workweek. (2) A consumer directed employer that employs individual providers: (a) Must permit ... |
74.39A.530 | Consumer directed employer program—Labor and administrative rates—Rate-setting board—Funding process. | *** CHANGE IN 2026 *** (SEE 6019-S.SL ) ***
If the department contracts with a consumer directed employer: (1) In addition to overtime and compensable travel time set forth in RCW 74.39A.525 , the initial labor rates shall be paid as described in the most recent collective bargaining agreement between the governor and ... |
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 ... |
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 se... |
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 nondiscre... |
74.39A.900 | Section captions—1993 c 508. | Section captions as used in this act constitute no part of the law.
[ 1993 c 508 s 10 .] |
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 inoperat... |
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 s 13 .] |
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... |
74.41.020 | Intent. | It is the intent of the legislature to provide a comprehensive program of long-term care information and support, including in-home and out-of-home respite care services, for family and other unpaid caregivers who provide the daily services required when caring for adults with functional disabilities. The family caregi... |
74.41.030 | Definitions. | Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter. (1) "Family caregiver long-term care information and support services" means providing long-term care information and support services to unpaid family and other unpaid caregivers of adults with functional dis... |
74.41.040 | Administration—Rules—Program standards. | The department shall administer this chapter and shall establish such rules and standards as the department deems necessary in carrying out this chapter. The department shall not require the development of plans of care or discharge plans by nursing homes or adult family homes providing respite care service under this ... |
74.41.050 | Family caregiver long-term care information and support services—Respite services, evaluation of need, caregiver abilities. | The department shall contract with area agencies on aging or other appropriate agencies to conduct family caregiver long-term care information and support services to the extent of available funding. The responsibilities of the agencies shall include but not be limited to: (1) Administering a program of family caregive... |
74.41.060 | Respite care program—Criteria. | The department shall insure that the respite care program is designed to meet the following criteria: (1) Make maximum use of services which provide care to the greatest number of eligible participants with the fewest number of staff consistent with adequate care; (2) Provide for use of one-on-one care when necessary; ... |
74.41.070 | Family caregiver long-term care information and support services—Data. | The area agencies on aging administering family caregiver long-term care information and support services shall maintain data which indicates demand for family caregiver long-term care information and support services.
[ 2000 c 207 s 5 ; 1998 c 245 s 151 ; 1987 c 409 s 5 ; 1984 c 158 s 7 .]
Short title — 2000 c 207: Se... |
74.41.080 | Health care practitioners and facilities not impaired. | Nothing in this chapter shall impair the practice of any licensed health care practitioner or licensed health care facility.
[ 1984 c 158 s 8 .] |
74.41.090 | Entitlement not created. | Nothing in this chapter creates or provides any individual with an entitlement to services or benefits. It is the intent of the legislature that services under this chapter shall be made available only to the extent of the availability and level of appropriation made by the legislature.
[ 1987 c 409 s 6 .] |
74.41.900 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
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