Revised Code of Washington
Chapter 74.39A - Long-Term Care Services Options—Expansion.
74.39A.076 - Training requirements for individual providers caring for family members.

RCW 74.39A.076
Training requirements for individual providers 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 biological, step, or adoptive parent who is the individual provider only for the person's developmentally disabled son or daughter must receive twelve hours of training relevant to the needs of adults with developmental disabilities within the first one hundred twenty days after becoming an individual provider.
(b) A spouse or registered domestic partner who is a long-term care worker only for a spouse or domestic partner, pursuant to the long-term services and supports trust program established in chapter 50B.04 RCW, must receive fifteen hours of basic training, and at least six hours of additional focused training based on the care-receiving spouse's or partner's needs, within the first one hundred twenty days after becoming a long-term care worker.
(c) A person working as an individual provider who (i) provides respite care services only for individuals with developmental disabilities receiving services under Title 71A RCW or only for individuals who receive services under this chapter, and (ii) works three hundred hours or less in any calendar year, must complete fourteen hours of training within the first one hundred twenty days after becoming an individual provider. Five of the fourteen hours must be completed before becoming eligible to provide care, including two hours of orientation training regarding the caregiving role and terms of employment and three hours of safety training. The training partnership identified in RCW 74.39A.360 must offer at least twelve of the fourteen hours online, and five of those online hours must be individually selected from elective courses.
(d) Individual providers identified in (d)(i) or (ii) of this subsection must complete thirty-five hours of training within the first one hundred twenty days after becoming an individual provider. Five of the thirty-five hours must be completed before becoming eligible to provide care. Two of these five hours shall be devoted to an orientation training regarding an individual provider's role as caregiver and the applicable terms of employment, and three hours shall be devoted to safety training, including basic safety precautions, emergency procedures, and infection control. Individual providers subject to this requirement include:
(i) An individual provider caring only for the individual provider's biological, step, or adoptive child or parent unless covered by (a) of this subsection; and
(ii) A person working as an individual provider who provides twenty hours or less of care for one person in any calendar month.
(2) In computing the time periods in this section, the first day is the date of hire.
(3) Only training curriculum approved by the department may be used to fulfill the training requirements specified in this section. The department shall only approve training curriculum that:
(a) Has been developed with input from consumer and worker representatives; and
(b) Requires comprehensive instruction by qualified instructors.
(4) If a pandemic, natural disaster, or other declared state of emergency impacts the ability of long-term care workers to complete training as required by this section, the department may adopt rules to allow long-term care workers additional time to complete the training requirements.
(a) Rules adopted under this subsection (4) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that all long-term care workers who were unable to complete the training required in subsection (1) of this section have had adequate access to complete the required training, whichever is later. Once the department determines a rule adopted under this subsection (4) is no longer necessary, it must repeal the rule under RCW 34.05.353.
(b) Within 12 months of the termination of the pandemic, natural disaster, or other declared state of emergency, the department shall conduct a review of training compliance with subsection (1) of this section and provide the legislature with a report.
(5) The department shall adopt rules to implement this section.

[ 2021 c 203 § 8; 2019 c 363 § 19; 2018 c 220 § 1; 2017 c 267 § 1; 2015 c 152 § 2; 2014 c 139 § 7; 2012 c 164 § 402; 2012 c 1 § 108 (Initiative Measure No. 1163, approved November 8, 2011).]
NOTES:

Effective date—Retroactive application—2021 c 203: See notes following RCW 43.43.832.


Finding—Intent—Program development—Implementation—Program funding—2014 c 139: See notes following RCW 71A.16.050.


Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.


Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.

Structure Revised Code of Washington

Revised Code of Washington

Title 74 - Public Assistance

Chapter 74.39A - Long-Term Care Services Options—Expansion.

74.39A.005 - Findings.

74.39A.007 - Purpose and intent.

74.39A.009 - Definitions.

74.39A.010 - Assisted living services and enhanced adult residential care—Contracts—Rules.

74.39A.020 - Adult residential care—Contracts—Rules.

74.39A.030 - Expansion of home and community services—Payment rates.

74.39A.032 - Medicaid payment methodology for certain contracted assisted living facilities—Established by rule—Required components.

74.39A.035 - Expansion of nutrition services through the meals on wheels program.

74.39A.040 - Department assessment of and assistance to hospital patients in need of long-term care.

74.39A.051 - Quality improvement principles.

74.39A.056 - Background checks on long-term care workers.

74.39A.058 - Long-term care workforce work group.

74.39A.060 - Toll-free telephone number for complaints—Investigation and referral—Rules—Discrimination or retaliation prohibited.

74.39A.070 - Rules for qualifications and training requirements—Requirement that contractors comply with federal and state regulations.

74.39A.074 - Training requirements for long-term care workers—Rules.

74.39A.076 - Training requirements for individual providers caring for family members.

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.

74.39A.080 - Department authority to take actions in response to noncompliance or violations.

74.39A.086 - Enforcement actions against persons not certified as home care aides and their employers—Rule-making authority.

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.

74.39A.095 - Case management services—Contractual requirements—Consumers' plans of care—Notification to consumer directed employer.

74.39A.100 - Chore services—Legislative finding, intent.

74.39A.110 - Chore services—Legislative policy and intent regarding available funds—Levels of service.

74.39A.120 - Chore services—Expenditure limitation—Priorities—Rule on patient resource limit.

74.39A.130 - Chore services—Department to develop program.

74.39A.140 - Chore services—Employment of public assistance recipients.

74.39A.150 - Chore services for persons with disabilities—Eligibility.

74.39A.155 - Support for persons at risk of institutional placement.

74.39A.160 - Transfer of assets—Penalties.

74.39A.170 - Recovery of payments—Transfer of assets rules for eligibility—Disclosure of estate recovery costs, terms, and conditions.

74.39A.180 - Authority to pay for probate actions and collection of bad debts.

74.39A.200 - Training curricula, materials—In public domain—Exceptions.

74.39A.210 - Disclosure of employee information—Employer immunity—Rebuttable presumption.

74.39A.240 - Definitions.

74.39A.250 - Individual provider referral registry—Consumer directed employer duties—Department duties.

74.39A.261 - Background checks on individual providers—Department duties.

74.39A.270 - Individual providers contracted with the department—Collective bargaining—Circumstances in which individual providers are considered public employees—Exceptions—Limitations.

74.39A.275 - Individual provider overtime—Annual expenditure reports to legislature and joint legislative-executive overtime oversight task force.

74.39A.300 - Funding process—Department-contracted individual providers.

74.39A.310 - Contract for individual home care services providers—Cost of change in wages and benefits funded or increase in labor rates.

74.39A.320 - Establishment of capital add-on rate—Determination of medicaid occupancy percentage.

74.39A.326 - In-home personal care or respite services to family members—Department not authorized to pay—Exceptions—Enforcement—Rules.

74.39A.331 - Peer mentoring.

74.39A.341 - Continuing education requirements for long-term care workers.

74.39A.351 - Advanced training.

74.39A.360 - Training partnership.

74.39A.370 - Addressing long-term care complaint workload.

74.39A.380 - Internal quality review and accountability program for residential care services—Quality assurance panel—Report.

74.39A.390 - Personal care services—Glove access.

74.39A.400 - Personal care services—Community first choice option.

74.39A.500 - Consumer directed employer program—Establishment—Structure—Vendor qualifications—Transition—Department duties.

74.39A.505 - Consumer directed employer program—Rule-making authority—2018 c 278.

74.39A.510 - Consumer directed employer program—Limitations.

74.39A.515 - Duties of consumer directed employers that employ individual providers—Case management responsibilities—Rule making.

74.39A.520 - Individual providers employed by a consumer directed employer—Consumer's right to select, schedule, supervise, or dismiss individual providers.

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.

74.39A.530 - Consumer directed employer program—Labor and administrative rates—Rate-setting board—Funding process.

74.39A.800 - Changes to agreements—Performance of duties.

74.39A.900 - Section captions—1993 c 508.

74.39A.901 - Conflict with federal requirements.

74.39A.903 - Effective date—1993 c 508.