1777 AMH CARR CORD 62

HB 1777 - H AMD

By Representative Carrell

   On page 12, after line 2, insert the following:

   "Sec. 5. RCW 74.39A.270 and 2002 c 3 s are each amended to read as follows:

   (1) Solely for the purposes of collective bargaining, the authority is the public employer, as defined in chapter 41.56 RCW, of individual providers, who are public employees, as defined in chapter 41.56 RCW, of the authority.

   (2) Chapter 41.56 RCW governs the employment relationship between the authority and individual providers, except as otherwise expressly provided in chapter 3, Laws of 2002 and except as follows:

   (a) The only unit appropriate for the purpose of collective bargaining under RCW 41.56.060 is a statewide unit of all individual providers;

   (b) The showing of interest required to request an election under RCW 41.56.060 is ten percent of the unit, and any intervener seeking to appear on the ballot must make the same showing of interest;

   (c) The mediation and interest arbitration provisions of RCW 41.56.430 through 41.56.470 and 41.56.480 apply;

   (d) Individual providers do not have the right to strike; and

   (e) Individual providers who are related to, or family members of, consumers or prospective consumers are not, for that reason, exempt from chapter 3, Laws of 2002 or chapter 41.56 RCW.

   (3) Individual providers who are employees of the authority under subsection (1) of this section are not, for that reason, employees of the state for any purpose.

   (4) Consumers and prospective consumers retain the right to select, hire, supervise the work of, and terminate any individual provider providing services to them. Consumers may elect to receive long-term in-home care services from individual providers who are not referred to them by the authority.

   (5) In implementing and administering chapter 3, Laws of 2002, neither the authority nor any of its contractors may reduce or increase the hours of service for any consumer below or above the amount determined to be necessary under any assessment prepared by the department or an area agency on aging.

   (6)(a) The authority, the area agencies on aging, and the department of social and health services, or their contractors under chapter 3, Laws of 2002, may not be held ((vicariously)) liable, either jointly or severally, under any principle of agency, whether vicarious liability or otherwise, for the action or inaction of any individual provider or prospective individual provider, whether or not that individual provider or prospective individual provider was included on the authority's referral registry or referred to a consumer or prospective consumer.

   (b) The members of the board are immune from any liability resulting from implementation of chapter 3, Laws of 2002.

   (7) Nothing in this section affects the state's responsibility with respect to the state payroll system or unemployment insurance for individual providers."

Renumber the sections consecutively, correct internal references accordingly, and correct the title.

EFFECT: Gives the Department of Social and Health Services the same immunity from liability for acts of individual providers as the Home Care Quality Authority and Area Agencies on Aging have, and adds that this immunity includes protection from joint and several liability and extends to all forms of agency liability.