Revised Code of Washington
Chapter 74.39A - Long-Term Care Services Options—Expansion.
74.39A.510 - Consumer directed employer program—Limitations.

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

(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 manage long-term in-home care services under this chapter, including determination of the level of care that each consumer is eligible to receive;
(c) Obligation to comply with the federal medicaid laws and regulations, the state medicaid plan, or any waiver granted by the federal department of health and human services; and to ensure federal financial participation in the provision of services.
(2) Nothing in chapter 278, Laws of 2018 modifies the legislature's right to make programmatic modifications to the delivery of state services under this title, including eligibility standards for consumers, standards for individual providers, and the nature of services provided.
(3) Nothing in this chapter shall cause individuals who were hired as long-term care workers prior to January 7, 2012, to lose their exemption from certification requirements under RCW 18.88B.041 solely because they became employees of a consumer directed employer.

[ 2018 c 278 § 5.]
NOTES:

Findings—Intent—2018 c 278: See note following RCW 74.39A.500.

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.