Title 74 — Title 74 PUBLIC ASSISTANCE
41 chapters · 927 sections in this title.
RCW 74.39A.210 Disclosure of employee information—Employer immunity—Rebuttable presumption.
1.7K chars
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.
1.2K chars
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.
2.0K chars
(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.
0.7K chars
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.
8.8K chars
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.
2.0K chars
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.
3.3K chars
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.
2.9K chars
*** 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.
1.5K chars
(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.
4.2K chars
(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.
1.1K chars
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.
8.7K chars
(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.
1.4K chars
(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.
1.1K chars
(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.
0.7K chars
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.
1.8K chars
(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.
2.0K chars
(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.
4.3K chars
(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.
2.0K chars
(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…
RCW 74.39A.500 Consumer directed employer program—Establishment—Structure—Vendor qualifications—Transition—Department duties.
9.3K chars
(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…
RCW 74.39A.505 Consumer directed employer program—Rule-making authority—2018 c 278.
0.2K chars
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.]Notes:Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
RCW 74.39A.510 Consumer directed employer program—Limitations.
1.3K chars
(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…
RCW 74.39A.515 Duties of consumer directed employers that employ individual providers—Case management responsibilities—Rule making.
4.2K chars
(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…
RCW 74.39A.520 Individual providers employed by a consumer directed employer—Consumer's right to select, schedule, supervise, or dismiss individual providers.
1.2K chars
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 wi…
RCW 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.
5.4K chars
(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…
RCW 74.39A.530 Consumer directed employer program—Labor and administrative rates—Rate-setting board—Funding process.
10.2K chars
*** 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…
RCW 74.39A.540 Home care safety net assessment work group—Securing federal funding—Contracting—Reporting.
2.2K chars
(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, …
RCW 74.39A.550 Long-term care industry data—Annual report.
0.5K chars
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 o…
RCW 74.39A.800 Changes to agreements—Performance of duties.
1.1K chars
(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…
RCW 74.39A.900 Section captions—1993 c 508.
0.1K chars
Section captions as used in this act constitute no part of the law.[ 1993 c 508 s 10.]
RCW 74.39A.901 Conflict with federal requirements.
0.8K chars
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 t…
RCW 74.39A.903 Effective date—1993 c 508.
0.2K chars
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.]
RCW 74.41.010 Legislative findings.
1.0K chars
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 ad…
RCW 74.41.020 Intent.
1.6K chars
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 fu…
RCW 74.41.030 Definitions.
2.8K chars
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 c…
RCW 74.41.040 Administration—Rules—Program standards.
3.0K chars
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 pr…
RCW 74.41.050 Family caregiver long-term care information and support services—Respite services, evaluation of need, caregiver abilities.
1.1K chars
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) Ad…
RCW 74.41.060 Respite care program—Criteria.
0.6K chars
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 u…
RCW 74.41.070 Family caregiver long-term care information and support services—Data.
0.3K chars
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…
RCW 74.41.080 Health care practitioners and facilities not impaired.
0.1K chars
Nothing in this chapter shall impair the practice of any licensed health care practitioner or licensed health care facility.[ 1984 c 158 s 8.]
RCW 74.41.090 Entitlement not created.
0.3K chars
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 legis…
RCW 74.41.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
0.8K chars
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 …
RCW 74.42.010 Definitions.
8.6K chars
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Department" means the department of social and health services and the department's employees.(2) "Direct care staff" means the staffing domain identified and defined…
RCW 74.42.020 Minimum standards.
1.0K chars
The standards in RCW 74.42.030 through 74.42.570 are the minimum standards for facilities licensed under chapter 18.51 RCW: PROVIDED, HOWEVER, That RCW 74.42.040, 74.42.140 through 74.42.280, 74.42.300, 74.42.360, 74.42.370, 74.42.380, 74.42.420 (2), (4), (5), (6) and (7), 74.42.…
RCW 74.42.030 Resident to receive statement of rights, rules, services, and charges.
1.6K chars
Each resident or guardian or legal representative, if any, shall be fully informed and receive in writing, in a language the resident or his or her representative understands, the following information:(1) The resident's rights and responsibilities in the facility;(2) Rules gover…
RCW 74.42.040 Resident's rights regarding medical condition, care, and treatment.
0.5K chars
The facility shall insure that each resident and guardian, if any:(1) Is fully informed by a physician about his or her health and medical condition unless the physician decides that informing the resident is medically contraindicated and the physician documents this decision in …
RCW 74.42.050 Residents to be treated with consideration, respect—Complaints.
0.6K chars
(1) Residents shall be treated with consideration, respect, and full recognition of their dignity and individuality. Residents shall be encouraged and assisted in the exercise of their rights as residents of the facility and as citizens.(2) A resident or guardian, if any, may sub…
RCW 74.42.055 Discrimination against medicaid recipients prohibited.
3.7K chars
(1) The purpose of this section is to prohibit discrimination against medicaid recipients by nursing homes which have contracted with the department to provide skilled or intermediate nursing care services to medicaid recipients.(2) A nursing facility shall readmit a resident, wh…
RCW 74.42.056 Department assessment of medicaid eligible individuals—Requirements.
1.6K chars
A nursing facility shall not admit any individual who is medicaid eligible unless that individual has been assessed by the department. Appropriate hospital discharge shall not be delayed pending the assessment.To ensure timely hospital discharge of medicaid eligible persons, the …
RCW 74.42.057 Notification regarding resident likely to become medicaid eligible.
0.6K chars
If a nursing facility has reason to know that a resident is likely to become financially eligible for medicaid benefits within one hundred eighty days, the nursing facility shall notify the patient or his or her representative and the department. The department may:(1) Assess any…