H-3668.1  _______________________________________________

                          HOUSE BILL 2798

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Conway, Campbell, Cody, Linville, Darneille, Lysen, Edwards, Schual‑Berke and Van Luven

Read first time 01/29/2002.  Referred to Committee on Appropriations.

Modifying payment amounts for nursing care services.

    AN ACT Relating to payment for nursing care services; and amending RCW 18.52C.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 18.52C.040 and 1997 c 392 s 528 are each amended to read as follows:

    (1) The nursing pool shall document that each temporary employee or referred independent contractor provided or referred to health care facilities currently meets the applicable minimum state credentialing requirements.

    (2) The nursing pool shall not require, as a condition of employment or referral, that employees or independent contractors of the nursing pool recruit new employees or independent contractors for the nursing pool from among the permanent employees of the health care facility to which the nursing pool employee or independent contractor has been assigned or referred.

    (3) The nursing pool shall carry professional and general liability insurance to insure against any loss or damage occurring, whether professional or otherwise, as the result of the negligence of its employees, agents or independent contractors for acts committed in the course of their employment with the nursing pool:  PROVIDED, That a nursing pool that only refers self-employed, independent contractors to health care facilities shall carry professional and general liability insurance to cover its own liability as a nursing pool which refers self-employed, independent contractors to health care facilities:  AND PROVIDED FURTHER, That it shall require, as a condition of referral, that self‑employed, independent contractors carry professional and general liability insurance to insure against loss or damage resulting from their own acts committed in the course of their own employment by a health care facility.

    (4) The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of registration and the discipline of persons registered under this chapter.  The secretary shall be the disciplinary authority under this chapter.

    (5) The nursing pool shall conduct a criminal background check on all employees and independent contractors as required under RCW 43.43.842 prior to employment or referral of the employee or independent contractor.

(6) The nursing pool providing employees or referring independent contractors to a health care facility shall not bill or receive payments from such a health care facility at a rate higher than one hundred twenty-five percent of the weighted average wage rate, in the county in which the health care facility is located, for nursing home employees of like classification.  Each county's weighted average wage rate for employee classifications, which includes related taxes and benefits, must be determined by the department of social and health services using the median wage established by nursing home cost reports required under chapter 74.46 RCW and hospital collective bargaining agreements.  The department of social and health services must report this data to the secretary on an annual basis.  The secretary will provide this data to all nursing pools registered under this chapter.  The maximum rate a nursing pool may charge a health care facility must include all charges for administrative fees, contract fees, or other special charges in addition to the hourly rates for the nursing pool employees or referred independent contractors supplied to the health care facility.

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