RCW 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 18.88B RCW or, if exempted from certification under RCW 18.88B.041, who has not completed his or her required training under RCW 74.39A.074.
(2) The department shall deny payment to individual providers who provided services under a contract with the department if they have been notified that they are no longer permitted to work because they:
(a) Were not certified as home care aides as required under chapter 18.88B RCW; or
(b) Had not completed the training required under RCW 74.39A.074.
(3) The department may terminate the contract of any individual provider under contract with the department who:
(a) Is not certified as a home care aide as required under chapter 18.88B RCW; or
(b) Has not completed the training required under RCW 74.39A.074.
(4) Chapter 34.05 RCW shall govern actions by the department under this section.
(5) The department shall adopt rules to implement this section.
[ 2018 c 278 § 10; 2012 c 164 § 602; 2012 c 1 § 109 (Initiative Measure No. 1163, approved November 8, 2011).]
NOTES:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
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
Chapter 74.39A - Long-Term Care Services Options—Expansion.
74.39A.007 - Purpose and intent.
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.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.074 - Training requirements for long-term care workers—Rules.
74.39A.076 - Training requirements for individual providers caring for family members.
74.39A.080 - Department authority to take actions in response to noncompliance or violations.
74.39A.100 - Chore services—Legislative finding, intent.
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.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.261 - Background checks on individual providers—Department duties.
74.39A.300 - Funding process—Department-contracted individual providers.
74.39A.320 - Establishment of capital add-on rate—Determination of medicaid occupancy percentage.
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.390 - Personal care services—Glove access.
74.39A.400 - Personal care services—Community first choice option.
74.39A.505 - Consumer directed employer program—Rule-making authority—2018 c 278.
74.39A.510 - Consumer directed employer program—Limitations.
74.39A.800 - Changes to agreements—Performance of duties.
74.39A.900 - Section captions—1993 c 508.