Title 74 — Title 74 PUBLIC ASSISTANCE
41 chapters · 927 sections in this title.
RCW 74.36.130 Community programs and projects for the aging—State funding, limitations—Payments, type.
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(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 sha…
RCW 74.38.010 Legislative recognition—Public policy.
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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. The…
RCW 74.38.020 Definitions.
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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 dep…
RCW 74.38.030 Administration of community-based services program—Area plans—Annual state plan—Determination of low-income eligible persons.
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(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…
RCW 74.38.040 Scope and extent of community-based services program.
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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, an…
RCW 74.38.050 Availability of services for persons other than those of low income—Utilization of volunteers and public assistance recipients—Private agencies—Well-adult clinics—Fee schedule, exceptions.
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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 i…
RCW 74.38.060 Expansion of federal programs authorized.
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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 expens…
RCW 74.38.061 Expansion of federal programs authorized.
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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 expen…
RCW 74.38.070 Reduced utility rates for low-income senior citizens and other low-income citizens.
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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 citi…
RCW 74.38.900 Short title.
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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.]
RCW 74.39.001 Finding.
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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 a…
RCW 74.39.005 Purpose.
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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 defin…
RCW 74.39.007 Definitions.
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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 func…
RCW 74.39.010 Option—Flexibility—Title XIX of the federal social security act.
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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 includ…
RCW 74.39.020 Opportunities—Increase of federal funds—Title XIX of the federal social security act.
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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 …
RCW 74.39.030 Community options program entry system—Waiver—Respite services.
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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.]
RCW 74.39.041 Community residential options—Nursing facility eligible clients.
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(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 resid…
RCW 74.39.050 Individuals with functional disabilities—Self-directed care.
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(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)…
RCW 74.39.070 Personal aide—Qualification exemptions.
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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 und…
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…