BILL REQ. #:  H-1222.2 

Read first time 02/03/09.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to state-funded personal care services purchased by the department of social and health services; adding a new section to chapter 74.39A RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 74.39A RCW to read as follows:
     (1) The department shall not pay a home care agency licensed under chapter 70.127 RCW under the medicaid in-home personal care program:
     (a) For a family member of a client who provides care for the client; or
     (b) For a provider who resides with a client.
     (2) For purposes of this section:
     (a) "Client" means a person who has been deemed eligible by the department to receive medicaid in-home personal care services.
     (b) "Family member" shall be liberally construed to include, but not be limited to, a parent, child, sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or grandnephew.
     (3) The department shall adopt rules to enforce this section, to include the termination of contracts for agencies which are found to be in violation.

NEW SECTION.  Sec. 2   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.