Title 74 — Title 74 PUBLIC ASSISTANCE
41 chapters · 927 sections in this title.
RCW 74.39A.005 Findings.
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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 increa…
RCW 74.39A.007 Purpose and intent.
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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 independe…
RCW 74.39A.009 Definitions.
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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 …
RCW 74.39A.010 Assisted living services and enhanced adult residential care—Contracts—Rules.
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(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. Th…
RCW 74.39A.020 Adult residential care—Contracts—Rules.
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(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…
RCW 74.39A.030 Expansion of home and community services—Payment rates.
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(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 advantag…
RCW 74.39A.032 Medicaid payment methodology for certain contracted assisted living facilities—Established by rule—Required components.
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*** CHANGE IN 2026 *** (SEE 5998-S.SL) ***(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 th…
RCW 74.39A.035 Expansion of nutrition services through the meals on wheels program.
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(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…
RCW 74.39A.040 Department assessment of and assistance to hospital patients in need of long-term care.
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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 dep…
RCW 74.39A.051 Quality improvement principles.
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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-li…
RCW 74.39A.056 Background checks on long-term care workers.
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(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 …
RCW 74.39A.060 Toll-free telephone number for complaints—Investigation and referral—Rules—Discrimination or retaliation prohibited.
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(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 …
RCW 74.39A.070 Rules for qualifications and training requirements—Requirement that contractors comply with federal and state regulations.
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(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 providi…
RCW 74.39A.074 Training requirements for long-term care workers—Rules.
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(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 …
RCW 74.39A.076 Training requirements for long-term care workers caring for family members.
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(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 d…
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.
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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 t…
RCW 74.39A.080 Department authority to take actions in response to noncompliance or violations.
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(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)…
RCW 74.39A.086 Enforcement actions against persons not certified as home care aides and their employers—Rule-making authority.
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(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 ho…
RCW 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.
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(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 ince…
RCW 74.39A.095 Case management services—Contractual requirements—Consumers' plans of care—Notification to consumer directed employer.
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(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 a…
RCW 74.39A.100 Chore services—Legislative finding, intent.
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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…
RCW 74.39A.110 Chore services—Legislative policy and intent regarding available funds—Levels of service.
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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 facil…
RCW 74.39A.120 Chore services—Expenditure limitation—Priorities—Rule on patient resource limit.
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(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, …
RCW 74.39A.130 Chore services—Department to develop program.
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(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 emer…
RCW 74.39A.140 Chore services—Employment of public assistance recipients.
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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 enumerat…
RCW 74.39A.150 Chore services for persons with disabilities—Eligibility.
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(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…
RCW 74.39A.155 Support for persons at risk of institutional placement.
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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 …
RCW 74.39A.160 Transfer of assets—Penalties.
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(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 t…
RCW 74.39A.170 Recovery of payments—Transfer of assets rules for eligibility—Disclosure of estate recovery costs, terms, and conditions.
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(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 l…
RCW 74.39A.180 Authority to pay for probate actions and collection of bad debts.
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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 re…
RCW 74.39A.200 Training curricula, materials—In public domain—Exceptions.
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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 an…
RCW 74.39A.210 Disclosure of employee information—Employer immunity—Rebuttable presumption.
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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 ch…
RCW 74.39A.240 Definitions.
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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" me…
RCW 74.39A.250 Individual provider referral registry—Consumer directed employer duties—Department duties.
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(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 o…
RCW 74.39A.261 Background checks on individual providers—Department duties.
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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 Novem…
RCW 74.39A.270 Individual providers contracted with the department—Collective bargaining—Circumstances in which individual providers are considered public employees—Exceptions—Limitations.
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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 go…
RCW 74.39A.275 Individual provider overtime—Annual expenditure reports to legislature and joint legislative-executive overtime oversight task force.
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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 expendi…
RCW 74.39A.300 Funding process—Department-contracted individual providers.
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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 bienn…
RCW 74.39A.310 Contract for individual home care services providers—Cost of change in wages and benefits funded or increase in labor rates.
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*** 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 r…
RCW 74.39A.320 Establishment of capital add-on rate—Determination of medicaid occupancy percentage.
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(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 med…
RCW 74.39A.326 In-home personal care or respite services to family members—Department not authorized to pay—Exceptions—Enforcement—Rules.
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(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 cl…
RCW 74.39A.331 Peer mentoring.
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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 a…
RCW 74.39A.341 Continuing education requirements for long-term care workers.
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(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 …
RCW 74.39A.351 Advanced training.
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(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…
RCW 74.39A.360 Training partnership.
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(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 …
RCW 74.39A.370 Addressing long-term care complaint workload.
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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 …
RCW 74.39A.380 Internal quality review and accountability program for residential care services—Quality assurance panel—Report.
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(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 …
RCW 74.39A.390 Personal care services—Glove access.
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(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 univer…
RCW 74.39A.400 Personal care services—Community first choice option.
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(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 …
RCW 74.39A.433 Continuing education for long-term care workers work group.
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(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 me…