[atlas:bill]

AN ACT Relating to increasing the wages of long-term nonlicensed direct care workers; adding new sections to chapter 74.39A RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that the quality of direct care for our state's vulnerable adults is directly related to many factors. Competitive and reasonable wages paid to those who provide direct care is one of those factors.

It shall be the purpose of state government to ensure that all nonlicensed direct care providers who are paid by the state, or private agencies contracting with the state, to provide direct care to vulnerable adults shall be paid an hourly salary that equals two times the minimum wage.

NEW SECTION. Sec. 2. A new section is added to chapter 74.39A RCW to read as follows:

Before July 1, 2005, all long-term nonlicensed direct care workers who provide direct care in the person's own home through medicaid personal care as described in RCW 74.09.520, community options program entry system waiver services as described in RCW 74.39A.030, or chore services as described in RCW 74.39A.110 as an individual provider or employee of a home care agency under chapter 70.127 RCW, who are paid by the state, or through private agencies that contract with the state, to provide direct care as defined by the department in rule to vulnerable adults as defined in RCW 74.34.020 shall receive a wage that equals at least two times the minimum wage.

NEW SECTION. Sec. 3. A new section is added to chapter 74.39A RCW to read as follows:

As used in sections 2 and 4 of this act:

(1) "Long-term nonlicensed direct care worker" means:

(a) A nonlicensed worker providing direct hands-on care to a medicaid client in a nursing home under chapter 18.51 RCW, boarding home under chapter 18.20 RCW, adult family home under chapter 70.128 RCW, or developmental disability residential program under chapter 71.12 RCW. A nonlicensed worker includes the resident owner, resident operator, or resident manager of an adult family home, group home, or boarding home licensed for less than six beds, who provides direct care; or

(b) A nonlicensed worker providing direct care to a person with functional disabilities in the person's own home through medicaid personal care as described in RCW 74.09.520, community options program entry system waiver services as described in RCW 74.39A.030, or chore services as described in RCW 74.39A.110 as an individual provider or employee of a home care agency under chapter 70.127 RCW.

(2) "Long-term nonlicensed direct care worker" does not include janitorial staff, food service staff, or any other staff working in a nursing home, group home, or boarding home facility, or an owner, operator, or manager of a nursing home.

NEW SECTION. Sec. 4. A new section is added to chapter 74.39A RCW to read as follows:

(1) The department of social and health services shall establish a wage enhancement program to enhance the wages of long-term nonlicensed direct care workers. Facilities, organizations, and agencies that employ or contract with long-term nonlicensed direct care workers may voluntarily participate in the program. Under the program, the department of social and health services shall provide participating facilities, organizations, and agencies with funds to enhance the wages of long-term nonlicensed direct care workers based on the proportion of worker hours that may be reasonably apportioned to the care of medicaid clients compared to the total number of hours of care for all clients of the facility or home. Wage enhancement funds shall be available for both current workers and additional long-term nonlicensed direct care workers. Participating facilities, organizations, and agencies shall provide worker and medicaid client data as determined necessary by the department of social and health services. The department shall develop standards for determining how the wage enhancement funds are to be distributed to participating facilities, organizations, and agencies, and reporting requirements needed to determine how wage enhancement funds provided under this act shall be distributed to each long-term nonlicensed direct care worker. Facilities, organizations, and agencies participating in the wage enhancement program shall report to the department retrospectively on how the funds were distributed. All funds provided to a participating facility, organization, or agency must be used only to directly enhance the wages of long-term nonlicensed direct care workers. Participating facilities, organizations, and agencies are prohibited from arbitrarily reducing the wages of any long-term nonlicensed direct care worker on or after July 1, 2001, through July 2, 2002. Any funds received under this act that are not expended for the purposes of this act must be returned to the department.

(a) On July 1, 2001, participating facilities, organizations, and agencies shall increase by fifty cents per hour, plus an amount equal to mandatory federal and state payroll taxes, the wages paid to each long-term nonlicensed direct care worker employed or contracted with by the facility, organization, or agency.

(b) On July 1, 2002, participating facilities, organizations, and agencies shall increase the wages paid to all long-term nonlicensed direct care workers by an average amount of one dollar per hour, plus an amount equal to mandatory federal and state payroll taxes. Participating facilities, organizations, and agencies shall determine the amount of the wage enhancement for each eligible long-term nonlicensed direct care worker in accordance with wage increase criteria guidelines adopted by each participating facility, organization, or agency. The wage increase criteria guidelines must include consideration of tenure, shift, and technical performance of duties, unless otherwise established by contract or bargaining agreement and consistent with existing state and federal law.

(c) On July 1, 2005, participating facilities, organizations, and agencies shall increase the wages paid to all long-term nonlicensed direct care workers to an amount that equals at least two times the minimum wage per hour, plus an amount equal to mandatory federal and state payroll taxes. Participating facilities, organizations, and agencies shall determine the amount of the wage enhancement for each eligible long-term nonlicensed direct care worker in accordance with wage increase criteria guidelines adopted by each participating facility, organization, or agency. The wage increase criteria guidelines must include consideration of tenure, shift, and technical performance of duties, unless otherwise established by contract or bargaining agreement and consistent with existing state and federal law.

(2) The department shall determine the wage increase amount for persons working in the individual provider program. The department shall distribute the funding for the July 1, 2002, wage increase so that each participating employer receives an amount equal to the cost of providing a wage increase of one dollar per hour to each long-term nonlicensed direct care worker, plus an amount equal to mandatory federal and state payroll taxes.