BILL REQ. #:  H-3193.2 

     AN ACT Relating to modifying state payments for in-home care by prohibiting payment for services provided by agency employees who are related to or live with the client; 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 for in-home personal care services provided under the medicaid in-home personal care program if the care is provided:
     (a) To a client by a family member of the client; or
     (b) By an agency employee who resides with the client receiving the care.
     (2) The department shall take appropriate enforcement action against a home care agency found to have charged the state for hours of service for which the department is not authorized to pay under this section, including requiring recoupment of any payment made for those hours and, under criteria adopted by the department by rule, terminating the contract of an agency that violates a recoupment requirement.
     (3) 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, or such relatives when related by marriage.
     (4) The department shall adopt rules to implement this section. The rules shall not result in affecting the amount, duration, or scope of the personal care services benefit to which a client may be entitled pursuant to RCW 74.09.520 or Title XIX of the federal social security act.

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.