On page 45, line 37, after "(10)" insert "The consumer directed employer must:
(a) Conduct, at least annually, an independent financial audit of its operations, receipts, and expenditures to determine and report:
(i) Whether its financial statements present fairly its financial position and the results of its financial operation in accordance with generally accepted accounting principles, and whether the consumer directed employer has complied with laws and regulations that may have a material effect upon its financial statements;
(ii) Whether it has internal control systems to provide reasonable assurance that it is managing federal and state funded programs in compliance with applicable laws and regulations; and
(iii) Whether the full amount received from the state under the labor rate was paid out in wages and benefits for individual providers. The cost of the annual independent audit may be considered part of the administrative rate.
(b) Return to the state any labor rate funds not used to pay individual providers' wages and benefits within thirty days of completion of its annual independent audit. All payments to the state must be accompanied by a reimbursement calculation form, to be developed by the department of social and health services, including at least:
(i) The name and contact information of the consumer directed employer;
(ii) The period reviewed;
(iii) The total amount received from the state for the labor rate during the review period;
(iv) Total expenditures for individual providers' wages and each employment benefit made during the review period; and
(v) The amount of funds not expended for individual providers' wages and benefits during the review period.
(11) The failure of a consumer directed employer to return any unspent funds to the state as specified in subsection (10) of this section must be treated by the department of social and health services as a vendor overpayment, and the department must attempt to recover the funds in accordance with RCW
43.20B.675.
(12) If a consumer directed employer fails to comply with subsection (10) of this section and the department of social and health services is unable to recover unspent funds from the consumer directed employer in accordance with subsection (11) of this section, the state must terminate or not renew its contractual relationship with the consumer directed employer.
(13)"