Revised Code of Washington
Chapter 74.39A - Long-Term Care Services Options—Expansion.
74.39A.250 - Individual provider referral registry—Consumer directed employer duties—Department duties.

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

(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 of individual providers and prospective individual providers.
(b) Before placing an individual provider or prospective individual provider on the referral registry, determine that the individual provider or prospective individual provider:
(i) Has met the minimum requirements for training under RCW 74.39A.051 and 74.39A.074;
(ii) Has satisfactorily completed a background check within the prior twelve months; and
(iii) Is not listed on any state or federal registry described in RCW 74.39A.056 or on other registries maintained by the department.
(c) Remove from the referral registry any individual provider or prospective individual provider who does not meet the qualifications set forth in this subsection (1) or whose employment as an individual provider has been terminated based on good cause.
(d) Provide routine, emergency, and respite referrals of individual providers and prospective individual providers to consumers and prospective consumers who are authorized to receive long-term in-home care services through an individual provider.
(e) Not allow an individual provider to provide services to a consumer without the consumer's consent.
(2) The department shall perform the activities under subsection (1) of this section if the department has not transitioned the responsibilities under this section to a consumer directed employer.

[ 2018 c 278 § 17; 2012 c 164 § 708; 2011 1st sp.s. c 21 § 8; 2002 c 3 § 4 (Initiative Measure No. 775, approved November 6, 2001).]
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.


Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.

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.