Passed by the House May 24, 2011 Yeas 83   ________________________________________ Speaker of the House of Representatives Passed by the Senate May 25, 2011 Yeas 34   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1548 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 1st Special Session |
READ FIRST TIME 04/19/11.
AN ACT Relating to implementation of long-term care worker requirements regarding background checks and training; amending RCW 18.88B.020, 18.88B.030, 18.88B.040, 18.88B.050, 74.39A.050, 74.39A.055, 74.39A.073, 74.39A.075, 74.39A.085, 74.39A.260, 74.39A.330, 74.39A.340, 74.39A.350, 74.39A.095, 18.20.125, 43.20A.710, and 43.43.837; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.88B.020 and 2009 c 580 s 18 are each amended to
read as follows:
(1) Effective January 1, ((2011)) 2014, except as provided in RCW
18.88B.040, the department of health shall require that any person
hired as a long-term care worker for the elderly or persons with
disabilities must be certified as a home care aide within one hundred
fifty days from the date of being hired.
(2) Except as provided in RCW 18.88B.040, certification as a home
care aide requires both completion of seventy-five hours of training
and successful completion of a certification examination pursuant to
RCW 74.39A.073 and 18.88B.030.
(3) No person may practice or, by use of any title or description,
represent himself or herself as a certified home care aide without
being certified pursuant to this chapter.
(4) The department of health shall adopt rules by August 1,
((2010)) 2013, to implement this section.
Sec. 2 RCW 18.88B.030 and 2009 c 580 s 4 are each amended to read
as follows:
(1) Effective January 1, ((2011)) 2014, except as provided in RCW
18.88B.040, the department of health shall require that all long-term
care workers successfully complete a certification examination. Any
long-term care worker failing to make the required grade for the
examination will not be certified as a home care aide.
(2) The department of health, in consultation with consumer and
worker representatives, shall develop a home care aide certification
examination to evaluate whether an applicant possesses the skills and
knowledge necessary to practice competently. Unless excluded by RCW
18.88B.040 (1) and (2), only those who have completed the training
requirements in RCW 74.39A.073 shall be eligible to sit for this
examination.
(3) The examination shall include both a skills demonstration and
a written or oral knowledge test. The examination papers, all grading
of the papers, and records related to the grading of skills
demonstration shall be preserved for a period of not less than one
year. The department of health shall establish rules governing the
number of times and under what circumstances individuals who have
failed the examination may sit for the examination, including whether
any intermediate remedial steps should be required.
(4) All examinations shall be conducted by fair and wholly
impartial methods. The certification examination shall be administered
and evaluated by the department of health or by a contractor to the
department of health that is neither an employer of long-term care
workers or private contractors providing training services under this
chapter.
(5) The department of health has the authority to:
(a) Establish forms, procedures, and examinations necessary to
certify home care aides pursuant to this chapter;
(b) Hire clerical, administrative, and investigative staff as
needed to implement this section;
(c) Issue certification as a home care aide to any applicant who
has successfully completed the home care aide examination;
(d) Maintain the official record of all applicants and persons with
certificates;
(e) Exercise disciplinary authority as authorized in chapter 18.130
RCW; and
(f) Deny certification to applicants who do not meet training,
competency examination, and conduct requirements for certification.
(6) The department of health shall adopt rules by August 1,
((2010)) 2013, that establish the procedures, including criteria for
reviewing an applicant's state and federal background checks, and
examinations necessary to carry this section into effect.
Sec. 3 RCW 18.88B.040 and 2010 c 169 s 11 are each amended to
read as follows:
The following long-term care workers are not required to become a
certified home care aide pursuant to this chapter.
(1) Registered nurses, licensed practical nurses, certified nursing
assistants or persons who are in an approved training program for
certified nursing assistants under chapter 18.88A RCW, medicare-certified home health aides, or other persons who hold a similar health
credential, as determined by the secretary of health, or persons with
special education training and an endorsement granted by the
superintendent of public instruction, as described in RCW 28A.300.010,
if the secretary of health determines that the circumstances do not
require certification. After December 31, 2013, individuals exempted
by this subsection may obtain certification as a home care aide from
the department of health without fulfilling the training requirements
in RCW 74.39A.073 but must successfully complete a certification
examination pursuant to RCW 18.88B.030.
(2) A person already employed as a long-term care worker prior to
January 1, ((2011)) 2014, who completes all of his or her training
requirements in effect as of the date he or she was hired, is not
required to obtain certification. After December 31, 2013, individuals
exempted by this subsection may obtain certification as a home care
aide from the department of health without fulfilling the training
requirements in RCW 74.39A.073 but must successfully complete a
certification examination pursuant to RCW 18.88B.030.
(3) All long-term care workers employed by supported living
providers are not required to obtain certification under this chapter.
(4) An individual provider caring only for his or her biological,
step, or adoptive child or parent is not required to obtain
certification under this chapter.
(5) ((Prior to June 30, 2014, a person hired as an individual
provider who provides twenty hours or less of care for one person in
any calendar month is not required to obtain certification under this
chapter.)) A long-term care worker exempted by this section from the
training requirements contained in RCW 74.39A.073 may not be prohibited
from enrolling in training pursuant to that section.
(6)
(((7))) (6) The department of health shall adopt rules by August 1,
((2010)) 2013, to implement this section.
Sec. 4 RCW 18.88B.050 and 2009 c 580 s 17 are each amended to
read as follows:
(1) The uniform disciplinary act, chapter 18.130 RCW, governs
uncertified practice, issuance of certificates, and the discipline of
persons with certificates under this chapter. The secretary of health
shall be the disciplinary authority under this chapter.
(2) The secretary of health may take action to immediately suspend
the certification of a long-term care worker upon finding that conduct
of the long-term care worker has caused or presents an imminent threat
of harm to a functionally disabled person in his or her care.
(3) If the secretary of health imposes suspension or conditions for
continuation of certification, the suspension or conditions for
continuation are effective immediately upon notice and shall continue
in effect pending the outcome of any hearing.
(4) The department of health shall take appropriate enforcement
action related to the licensure of a private agency or facility
licensed by the state, to provide personal care services, other than an
individual provider, who knowingly employs a long-term care worker who
is not a certified home care aide as required under this chapter or, if
exempted from certification by RCW 18.88B.040, has not completed his or
her required training pursuant to this chapter.
(5) Chapter 34.05 RCW shall govern actions by the department of
health under this section.
(6) The department of health shall adopt rules by August 1,
((2010)) 2013, to implement this section.
Sec. 5 RCW 74.39A.050 and 2009 c 580 s 7 are each amended to read
as follows:
The department's system of quality improvement for long-term care
services shall use the following principles, consistent with applicable
federal laws and regulations:
(1) The system shall be client-centered and promote privacy,
independence, dignity, choice, and a home or home-like environment for
consumers consistent with chapter 392, Laws of 1997.
(2) The goal of the system is continuous quality improvement with
the focus on consumer satisfaction and outcomes for consumers. This
includes that when conducting licensing or contract inspections, the
department shall interview an appropriate percentage of residents,
family members, resident case managers, and advocates in addition to
interviewing providers and staff.
(3) Providers should be supported in their efforts to improve
quality and address identified problems initially through training,
consultation, technical assistance, and case management.
(4) The emphasis should be on problem prevention both in monitoring
and in screening potential providers of service.
(5) Monitoring should be outcome based and responsive to consumer
complaints and based on a clear set of health, quality of care, and
safety standards that are easily understandable and have been made
available to providers, residents, and other interested parties.
(6) Prompt and specific enforcement remedies shall also be
implemented without delay, pursuant to RCW 74.39A.080, RCW 70.128.160,
chapter 18.51 RCW, or chapter 74.42 RCW, for providers found to have
delivered care or failed to deliver care resulting in problems that are
serious, recurring, or uncorrected, or that create a hazard that is
causing or likely to cause death or serious harm to one or more
residents. These enforcement remedies may also include, when
appropriate, reasonable conditions on a contract or license. In the
selection of remedies, the safety, health, and well-being of residents
shall be of paramount importance.
(7) All long-term care workers shall be screened through background
checks in a uniform and timely manner to ensure that they do not have
a criminal history that would disqualify them from working with
vulnerable persons. Long-term care workers who are hired after January
1, ((2012)) 2014, are subject to background checks under RCW
74.39A.055. This information will be shared with the department of
health in accordance with RCW 74.39A.055 to advance the purposes of
chapter 2, Laws of 2009.
(8) No provider, or its staff, or long-term care worker, or
prospective provider or long-term care worker, with a stipulated
finding of fact, conclusion of law, an agreed order, or finding of
fact, conclusion of law, or final order issued by a disciplining
authority, a court of law, or entered into a state registry finding him
or her guilty of abuse, neglect, exploitation, or abandonment of a
minor or a vulnerable adult as defined in chapter 74.34 RCW shall be
employed in the care of and have unsupervised access to vulnerable
adults.
(9) The department shall establish, by rule, a state registry which
contains identifying information about long-term care workers
identified under this chapter who have substantiated findings of abuse,
neglect, financial exploitation, or abandonment of a vulnerable adult
as defined in RCW 74.34.020. The rule must include disclosure,
disposition of findings, notification, findings of fact, appeal rights,
and fair hearing requirements. The department shall disclose, upon
request, substantiated findings of abuse, neglect, financial
exploitation, or abandonment to any person so requesting this
information. This information will also be shared with the department
of health to advance the purposes of chapter 2, Laws of 2009.
(10) Until December 31, ((2010)) 2013, individual providers and
home care agency providers must satisfactorily complete department-approved orientation, basic training, and continuing education within
the time period specified by the department in rule. The department
shall adopt rules by March 1, 2002, for the implementation of this
section. The department shall deny payment to an individual provider
or a home care provider who does not complete the training requirements
within the time limit specified by the department by rule.
(11) Until December 31, ((2010)) 2013, in an effort to improve
access to training and education and reduce costs, especially for rural
communities, the coordinated system of long-term care training and
education must include the use of innovative types of learning
strategies such as internet resources, videotapes, and distance
learning using satellite technology coordinated through community
colleges or other entities, as defined by the department.
(12) The department shall create an approval system by March 1,
2002, for those seeking to conduct department-approved training.
(13) The department shall establish, by rule, background checks and
other quality assurance requirements for long-term care workers who
provide in-home services funded by 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 that are equivalent to requirements for individual
providers. Long-term care workers who are hired after January 1,
((2012)) 2014, are subject to background checks under RCW 74.39A.055.
(14) Under existing funds the department shall establish internally
a quality improvement standards committee to monitor the development of
standards and to suggest modifications.
(15) Within existing funds, the department shall design, develop,
and implement a long-term care training program that is flexible,
relevant, and qualifies towards the requirements for a nursing
assistant certificate as established under chapter 18.88A RCW. This
subsection does not require completion of the nursing assistant
certificate training program by providers or their staff. The long-term care teaching curriculum must consist of a fundamental module, or
modules, and a range of other available relevant training modules that
provide the caregiver with appropriate options that assist in meeting
the resident's care needs. Some of the training modules may include,
but are not limited to, specific training on the special care needs of
persons with developmental disabilities, dementia, mental illness, and
the care needs of the elderly. No less than one training module must
be dedicated to workplace violence prevention. The nursing care
quality assurance commission shall work together with the department to
develop the curriculum modules. The nursing care quality assurance
commission shall direct the nursing assistant training programs to
accept some or all of the skills and competencies from the curriculum
modules towards meeting the requirements for a nursing assistant
certificate as defined in chapter 18.88A RCW. A process may be
developed to test persons completing modules from a caregiver's class
to verify that they have the transferable skills and competencies for
entry into a nursing assistant training program. The department may
review whether facilities can develop their own related long-term care
training programs. The department may develop a review process for
determining what previous experience and training may be used to waive
some or all of the mandatory training. The department of social and
health services and the nursing care quality assurance commission shall
work together to develop an implementation plan by December 12, 1998.
Sec. 6 RCW 74.39A.055 and 2009 c 580 s 2 are each amended to read
as follows:
(1) All long-term care workers for the elderly or persons with
disabilities hired after January 1, ((2012)) 2014, shall be screened
through state and federal background checks in a uniform and timely
manner to ensure that they do not have a criminal history that would
disqualify them from working with vulnerable persons. These background
checks shall include checking against the federal bureau of
investigation fingerprint identification records system and against the
national sex offenders registry or their successor programs. The
department shall require these long-term care workers to submit
fingerprints for the purpose of investigating conviction records
through both the Washington state patrol and the federal bureau of
investigation.
(2) To allow the department of health to satisfy its certification
responsibilities under chapter 18.88B RCW, the department shall share
state and federal background check results with the department of
health. Neither department may share the federal background check
results with any other state agency or person.
(3) The department shall not pass on the cost of these criminal
background checks to the workers or their employers.
(4) The department shall adopt rules to implement the provisions of
this section by August 1, ((2010)) 2013.
Sec. 7 RCW 74.39A.073 and 2009 c 580 s 10 are each amended to
read as follows:
(1) Effective January 1, ((2011)) 2014, except as provided in RCW
18.88B.040, all persons employed as long-term care workers for the
elderly or persons with disabilities must meet the minimum training
requirements in this section within one hundred twenty calendar days of
employment.
(2) All persons employed as long-term care workers must obtain
seventy-five hours of entry-level training approved by the department.
A long-term care worker must accomplish five of these seventy-five
hours before becoming eligible to provide care.
(3) Training required by subsection (4)(c) of this section will be
applied towards training required under RCW 18.20.270 or 70.128.230 as
well as any statutory or regulatory training requirements for long-term
care workers employed by supportive living providers.
(4) Only training curriculum approved by the department may be used
to fulfill the training requirements specified in this section. The
seventy-five hours of entry-level training required shall be as
follows:
(a) Before a long-term care worker is eligible to provide care, he
or she must complete two hours of orientation training regarding his or
her role as caregiver and the applicable terms of employment;
(b) Before a long-term care worker is eligible to provide care, he
or she must complete three hours of safety training, including basic
safety precautions, emergency procedures, and infection control; and
(c) All long-term care workers must complete seventy hours of
long-term care basic training, including training related to core
competencies and population specific competencies.
(5) The department shall only approve training curriculum that:
(a) Has been developed with input from consumer and worker
representatives; and
(b) Requires comprehensive instruction by qualified instructors on
the competencies and training topics in this section.
(6) Individual providers under RCW 74.39A.270 shall be compensated
for training time required by this section.
(7) The department of health shall adopt rules by August 1,
((2010)) 2013, to implement subsections (1), (2), and (3) of this
section.
(8) The department shall adopt rules by August 1, ((2010)) 2013, to
implement subsections (4) and (5) of this section.
Sec. 8 RCW 74.39A.075 and 2009 c 580 s 11 are each amended to
read as follows:
(1) Effective January 1, ((2011)) 2014, a biological, step, or
adoptive parent who is the individual provider only for his or her
developmentally disabled son or daughter must receive twelve hours of
training relevant to the needs of adults with developmental
disabilities within the first one hundred twenty days of becoming an
individual provider.
(2) Effective January 1, ((2011)) 2014, individual providers
identified in (((a) and (b) of)) this subsection must complete
thirty-five hours of training within the first one hundred twenty days
of becoming an individual provider. Five of the thirty-five hours must
be completed before becoming eligible to provide care. Two of these
five hours shall be devoted to an orientation training regarding an
individual provider's role as caregiver and the applicable terms of
employment, and three hours shall be devoted to safety training,
including basic safety precautions, emergency procedures, and infection
control. Individual providers subject to this requirement include((:)) an individual provider caring only for his or her biological,
step, or adoptive child or parent unless covered by subsection (1) of
this section((
(a); and)).
(b) Before January 1, 2014, a person hired as an individual
provider who provides twenty hours or less of care for one person in
any calendar month
(3) Only training curriculum approved by the department may be used
to fulfill the training requirements specified in this section. The
department shall only approve training curriculum that:
(a) Has been developed with input from consumer and worker
representatives; and
(b) Requires comprehensive instruction by qualified instructors.
(4) The department shall adopt rules by August 1, ((2010)) 2013, to
implement this section.
Sec. 9 RCW 74.39A.085 and 2009 c 580 s 14 are each amended to
read as follows:
(1) The department shall deny payment to any individual provider of
home care services who has not been certified by the department of
health as a home care aide as required under chapter 2, Laws of 2009
or, if exempted from certification by RCW 18.88B.040, has not completed
his or her required training pursuant to chapter 2, Laws of 2009.
(2) The department may terminate the contract of any individual
provider of home care services, or take any other enforcement measure
deemed appropriate by the department if the individual provider's
certification is revoked under chapter 2, Laws of 2009 or, if exempted
from certification by RCW 18.88B.040, has not completed his or her
required training pursuant to chapter 2, Laws of 2009.
(3) The department shall take appropriate enforcement action
related to the contract of a private agency or facility licensed by the
state, to provide personal care services, other than an individual
provider, who knowingly employs a long-term care worker who is not a
certified home care aide as required under chapter 2, Laws of 2009 or,
if exempted from certification by RCW 18.88B.040, has not completed his
or her required training pursuant to chapter 2, Laws of 2009.
(4) Chapter 34.05 RCW shall govern actions by the department under
this section.
(5) The department shall adopt rules by August 1, ((2010)) 2013, to
implement this section.
Sec. 10 RCW 74.39A.260 and 2009 c 580 s 9 are each amended to
read as follows:
The department must perform criminal background checks for
individual providers and prospective individual providers and ensure
that the authority has ready access to any long-term care abuse and
neglect registry used by the department. Individual providers who are
hired after January 1, ((2012)) 2014, are subject to background checks
under RCW 74.39A.055.
Sec. 11 RCW 74.39A.330 and 2009 c 478 s 1 are each amended to
read as follows:
Long-term care workers shall be offered on-the-job training or peer
mentorship for at least one hour per week in the first ninety days of
work from a long-term care worker who has completed at least twelve
hours of mentor training and is mentoring no more than ten other
workers at any given time. This requirement applies to long-term care
workers who begin work on or after ((July 1, 2011)) January 1, 2014.
Sec. 12 RCW 74.39A.340 and 2009 c 580 s 12 are each amended to
read as follows:
(1) The department of health shall ensure that all long-term care
workers shall complete twelve hours of continuing education training in
advanced training topics each year. This requirement applies beginning
on July 1, ((2011)) 2014.
(2) Completion of continuing education as required in this section
is a prerequisite to maintaining home care aide certification under
chapter 2, Laws of 2009.
(3) Unless voluntarily certified as a home care aide under chapter
2, Laws of 2009, subsection (1) of this section does not apply to:
(a) An individual provider caring only for his or her biological,
step, or adoptive child; and
(b) ((Before June 30, 2014, a person hired as an individual
provider who provides twenty hours or less of care for one person in
any calendar month)) A person who is exempt under RCW 18.88B.040(1) so
long as he or she maintains his or her credential in good standing.
(4) Only training curriculum approved by the department may be used
to fulfill the training requirements specified in this section. The
department shall only approve training curriculum that:
(a) Has been developed with input from consumer and worker
representatives; and
(b) Requires comprehensive instruction by qualified instructors.
(5) Individual providers under RCW 74.39A.270 shall be compensated
for training time required by this section.
(6) The department of health shall adopt rules by August 1,
((2010)) 2013, to implement subsections (1), (2), and (3) of this
section.
(7) The department shall adopt rules by August 1, ((2010)) 2013, to
implement subsection (4) of this section.
Sec. 13 RCW 74.39A.350 and 2009 c 580 s 13 are each amended to
read as follows:
The department shall offer, directly or through contract, training
opportunities sufficient for a long-term care worker to accumulate
seventy hours of training within a reasonable time period. For
individual providers represented by an exclusive bargaining
representative under RCW 74.39A.270, the training opportunities shall
be offered through the training partnership established under RCW
74.39A.360. Training topics shall include, but are not limited to:
Client rights; personal care; mental illness; dementia; developmental
disabilities; depression; medication assistance; advanced communication
skills; positive client behavior support; developing or improving
client-centered activities; dealing with wandering or aggressive client
behaviors; medical conditions; nurse delegation core training; peer
mentor training; and advocacy for quality care training. The
department may not require long-term care workers to obtain the
training described in this section. This requirement to offer advanced
training applies beginning January 1, ((2012)) 2014.
Sec. 14 RCW 74.39A.095 and 2009 c 580 s 8 are each amended to
read as follows:
(1) In carrying out case management responsibilities established
under RCW 74.39A.090 for consumers who are receiving services under the
medicaid personal care, community options programs entry system or
chore services program through an individual provider, each area agency
on aging shall provide oversight of the care being provided to
consumers receiving services under this section to the extent of
available funding. Case management responsibilities incorporate this
oversight, and include, but are not limited to:
(a) Verification that any individual provider who has not been
referred to a consumer by the authority has met any training
requirements established by the department;
(b) Verification of a sample of worker time sheets;
(c) Monitoring the consumer's plan of care to verify that it
adequately meets the needs of the consumer, through activities such as
home visits, telephone contacts, and responses to information received
by the area agency on aging indicating that a consumer may be
experiencing problems relating to his or her home care;
(d) Reassessing and reauthorizing services;
(e) Monitoring of individual provider performance. If, in the
course of its case management activities, the area agency on aging
identifies concerns regarding the care being provided by an individual
provider who was referred by the authority, the area agency on aging
must notify the authority regarding its concerns; and
(f) Conducting criminal background checks or verifying that
criminal background checks have been conducted for any individual
provider who has not been referred to a consumer by the authority.
Individual providers who are hired after January 1, ((2012)) 2014, are
subject to background checks under RCW 74.39A.055.
(2) The area agency on aging case manager shall work with each
consumer to develop a plan of care under this section that identifies
and ensures coordination of health and long-term care services that
meet the consumer's needs. In developing the plan, they shall utilize,
and modify as needed, any comprehensive community service plan
developed by the department as provided in RCW 74.39A.040. The plan of
care shall include, at a minimum:
(a) The name and telephone number of the consumer's area agency on
aging case manager, and a statement as to how the case manager can be
contacted about any concerns related to the consumer's well-being or
the adequacy of care provided;
(b) The name and telephone numbers of the consumer's primary health
care provider, and other health or long-term care providers with whom
the consumer has frequent contacts;
(c) A clear description of the roles and responsibilities of the
area agency on aging case manager and the consumer receiving services
under this section;
(d) The duties and tasks to be performed by the area agency on
aging case manager and the consumer receiving services under this
section;
(e) The type of in-home services authorized, and the number of
hours of services to be provided;
(f) The terms of compensation of the individual provider;
(g) A statement by the individual provider that he or she has the
ability and willingness to carry out his or her responsibilities
relative to the plan of care; and
(h)(i) Except as provided in (h)(ii) of this subsection, a clear
statement indicating that a consumer receiving services under this
section has the right to waive any of the case management services
offered by the area agency on aging under this section, and a clear
indication of whether the consumer has, in fact, waived any of these
services.
(ii) The consumer's right to waive case management services does
not include the right to waive reassessment or reauthorization of
services, or verification that services are being provided in
accordance with the plan of care.
(3) Each area agency on aging shall retain a record of each waiver
of services included in a plan of care under this section.
(4) Each consumer has the right to direct and participate in the
development of their plan of care to the maximum practicable extent of
their abilities and desires, and to be provided with the time and
support necessary to facilitate that participation.
(5) A copy of the plan of care must be distributed to the
consumer's primary care provider, individual provider, and other
relevant providers with whom the consumer has frequent contact, as
authorized by the consumer.
(6) The consumer's plan of care shall be an attachment to the
contract between the department, or their designee, and the individual
provider.
(7) If the department or area agency on aging case manager finds
that an individual provider's inadequate performance or inability to
deliver quality care is jeopardizing the health, safety, or well-being
of a consumer receiving service under this section, the department or
the area agency on aging may take action to terminate the contract
between the department and the individual provider. If the department
or the area agency on aging has a reasonable, good faith belief that
the health, safety, or well-being of a consumer is in imminent
jeopardy, the department or area agency on aging may summarily suspend
the contract pending a fair hearing. The consumer may request a fair
hearing to contest the planned action of the case manager, as provided
in chapter 34.05 RCW. When the department or area agency on aging
terminates or summarily suspends a contract under this subsection, it
must provide oral and written notice of the action taken to the
authority. The department may by rule adopt guidelines for
implementing this subsection.
(8) The department or area agency on aging may reject a request by
a consumer receiving services under this section to have a family
member or other person serve as his or her individual provider if the
case manager has a reasonable, good faith belief that the family member
or other person will be unable to appropriately meet the care needs of
the consumer. The consumer may request a fair hearing to contest the
decision of the case manager, as provided in chapter 34.05 RCW. The
department may by rule adopt guidelines for implementing this
subsection.
Sec. 15 RCW 18.20.125 and 2009 c 580 s 3 are each amended to read
as follows:
(1) Inspections must be outcome based and responsive to resident
complaints and based on a clear set of health, quality of care, and
safety standards that are easily understandable and have been made
available to facilities, residents, and other interested parties. This
includes that when conducting licensing inspections, the department
shall interview an appropriate percentage of residents, family members,
and advocates in addition to interviewing appropriate staff.
(2) Prompt and specific enforcement remedies shall also be
implemented without delay, consistent with RCW 18.20.190, for
facilities found to have delivered care or failed to deliver care
resulting in problems that are serious, recurring, or uncorrected, or
that create a hazard that is causing or likely to cause death or
serious harm to one or more residents. These enforcement remedies may
also include, when appropriate, reasonable conditions on a license. In
the selection of remedies, the safety, health, and well-being of
residents shall be of paramount importance.
(3)(a) To the extent funding is available, the licensee,
administrator, and their staff should be screened through background
checks in a uniform and timely manner to ensure that they do not have
a criminal history that would disqualify them from working with
vulnerable adults. Employees may be provisionally hired pending the
results of the background check if they have been given three positive
references.
(b) Long-term care workers, as defined in RCW 74.39A.009, who are
hired after January 1, ((2012)) 2014, are subject to background checks
under RCW 74.39A.055.
(4) No licensee, administrator, or staff, or prospective licensee,
administrator, or staff, with a stipulated finding of fact, conclusion
of law, and agreed order, or finding of fact, conclusion of law, or
final order issued by a disciplining authority, a court of law, or
entered into the state registry finding him or her guilty of abuse,
neglect, exploitation, or abandonment of a minor or a vulnerable adult
as defined in chapter 74.34 RCW shall be employed in the care of and
have unsupervised access to vulnerable adults.
Sec. 16 RCW 43.20A.710 and 2011 c 253 s 1 are each amended to
read as follows:
(1) The secretary shall investigate the conviction records, pending
charges and disciplinary board final decisions of:
(a) Any current employee or applicant seeking or being considered
for any position with the department who will or may have unsupervised
access to children, vulnerable adults, or individuals with mental
illness or developmental disabilities. This includes, but is not
limited to, positions conducting comprehensive assessments, financial
eligibility determinations, licensing and certification activities,
investigations, surveys, or case management; or for state positions
otherwise required by federal law to meet employment standards;
(b) Individual providers who are paid by the state and providers
who are paid by home care agencies to provide in-home services
involving unsupervised access to persons with physical, mental, or
developmental disabilities or mental illness, or to vulnerable adults
as defined in chapter 74.34 RCW, including but not limited to services
provided under chapter 74.39 or 74.39A RCW; and
(c) Individuals or businesses or organizations for the care,
supervision, case management, or treatment of children, persons with
developmental disabilities, or vulnerable adults, including but not
limited to services contracted for under chapter 18.20, 70.127, 70.128,
72.36, or 74.39A RCW or Title 71A RCW.
(2) The secretary shall require a fingerprint-based background
check through both the Washington state patrol and the federal bureau
of investigation as provided in RCW 43.43.837. Unless otherwise
authorized by law, the secretary shall use the information solely for
the purpose of determining the character, suitability, and competence
of the applicant.
(3) Except as provided in subsection (4) of this section, an
individual provider or home care agency provider who has resided in the
state less than three years before applying for employment involving
unsupervised access to a vulnerable adult as defined in chapter 74.34
RCW must be fingerprinted for the purpose of investigating conviction
records through both the Washington state patrol and the federal bureau
of investigation. This subsection applies only with respect to the
provision of in-home services funded by medicaid personal care under
RCW 74.09.520, community options program entry system waiver services
under RCW 74.39A.030, or chore services under RCW 74.39A.110. However,
this subsection does not supersede RCW 74.15.030(2)(b).
(4) Long-term care workers, as defined in RCW 74.39A.009, who are
hired after January 1, ((2012)) 2014, are subject to background checks
under RCW 74.39A.055, except that the department may require a
background check at any time under RCW 43.43.837. For the purposes of
this subsection, "background check" includes, but is not limited to, a
fingerprint check submitted for the purpose of investigating conviction
records through both the Washington state patrol and the federal bureau
of investigation.
(5) An individual provider or home care agency provider hired to
provide in-home care for and having unsupervised access to a vulnerable
adult as defined in chapter 74.34 RCW must have no conviction for a
disqualifying crime under RCW 43.43.830 and 43.43.842. An individual
or home care agency provider must also have no conviction for a crime
relating to drugs as defined in RCW 43.43.830. This subsection applies
only with respect to the provision of in-home services funded by
medicaid personal care under RCW 74.09.520, community options program
entry system waiver services under RCW 74.39A.030, or chore services
under RCW 74.39A.110.
(6) The secretary shall provide the results of the state background
check on long-term care workers, including individual providers, to the
persons hiring them or to their legal guardians, if any, for their
determination of the character, suitability, and competence of the
applicants. If the person elects to hire or retain an individual
provider after receiving notice from the department that the applicant
has a conviction for an offense that would disqualify the applicant
from having unsupervised access to persons with physical, mental, or
developmental disabilities or mental illness, or to vulnerable adults
as defined in chapter 74.34 RCW, then the secretary shall deny payment
for any subsequent services rendered by the disqualified individual
provider.
(7) Criminal justice agencies shall provide the secretary such
information as they may have and that the secretary may require for
such purpose.
Sec. 17 RCW 43.43.837 and 2011 c 253 s 2 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, in order
to determine the character, competence, and suitability of any
applicant or service provider to have unsupervised access, the
secretary may require a fingerprint-based background check through both
the Washington state patrol and the federal bureau of investigation at
any time, but shall require a fingerprint-based background check when
the applicant or service provider has resided in the state less than
three consecutive years before application, and:
(a) Is an applicant or service provider providing services to
children or people with developmental disabilities under RCW 74.15.030;
(b) Is an individual residing in an applicant or service provider's
home, facility, entity, agency, or business or who is authorized by the
department to provide services to children or people with developmental
disabilities under RCW 74.15.030; or
(c) Is an applicant or service provider providing in-home services
funded by:
(i) Medicaid personal care under RCW 74.09.520;
(ii) Community options program entry system waiver services under
RCW 74.39A.030;
(iii) Chore services under RCW 74.39A.110; or
(iv) Other home and community long-term care programs, established
pursuant to chapters 74.39 and 74.39A RCW, administered by the
department.
(2) Long-term care workers, as defined in RCW 74.39A.009, who are
hired after January 1, ((2012)) 2014, are subject to background checks
under RCW 74.39A.055.
(3) To satisfy the shared background check requirements provided
for in RCW 43.215.215 and 43.20A.710, the department of early learning
and the department of social and health services shall share federal
fingerprint-based background check results as permitted under the law.
The purpose of this provision is to allow both departments to fulfill
their joint background check responsibility of checking any individual
who may have unsupervised access to vulnerable adults, children, or
juveniles. Neither department may share the federal background check
results with any other state agency or person.
(4) The secretary shall require a fingerprint-based background
check through the Washington state patrol identification and criminal
history section and the federal bureau of investigation when the
department seeks to approve an applicant or service provider for a
foster or adoptive placement of children in accordance with federal and
state law.
(5) Any secure facility operated by the department under chapter
71.09 RCW shall require applicants and service providers to undergo a
fingerprint-based background check through the Washington state patrol
identification and criminal history section and the federal bureau of
investigation.
(6) Service providers and service provider applicants who are
required to complete a fingerprint-based background check may be hired
for a one hundred twenty-day provisional period as allowed under law or
program rules when:
(a) A fingerprint-based background check is pending; and
(b) The applicant or service provider is not disqualified based on
the immediate result of the background check.
(7) Fees charged by the Washington state patrol and the federal
bureau of investigation for fingerprint-based background checks shall
be paid by the department for applicants or service providers
providing:
(a) Services to people with a developmental disability under RCW
74.15.030;
(b) In-home services funded by medicaid personal care under RCW
74.09.520;
(c) Community options program entry system waiver services under
RCW 74.39A.030;
(d) Chore services under RCW 74.39A.110;
(e) Services under other home and community long-term care
programs, established pursuant to chapters 74.39 and 74.39A RCW,
administered by the department;
(f) Services in, or to residents of, a secure facility under RCW
71.09.115; and
(g) Foster care as required under RCW 74.15.030.
(8) Service providers licensed under RCW 74.15.030 must pay fees
charged by the Washington state patrol and the federal bureau of
investigation for conducting fingerprint-based background checks.
(9) Children's administration service providers licensed under RCW
74.15.030 may not pass on the cost of the background check fees to
their applicants unless the individual is determined to be disqualified
due to the background information.
(10) The department shall develop rules identifying the financial
responsibility of service providers, applicants, and the department for
paying the fees charged by law enforcement to roll, print, or scan
fingerprints-based for the purpose of a Washington state patrol or
federal bureau of investigation fingerprint-based background check.
(11) For purposes of this section, unless the context plainly
indicates otherwise:
(a) "Applicant" means a current or prospective department or
service provider employee, volunteer, student, intern, researcher,
contractor, or any other individual who will or may have unsupervised
access because of the nature of the work or services he or she
provides. "Applicant" includes but is not limited to any individual
who will or may have unsupervised access and is:
(i) Applying for a license or certification from the department;
(ii) Seeking a contract with the department or a service provider;
(iii) Applying for employment, promotion, reallocation, or
transfer;
(iv) An individual that a department client or guardian of a
department client chooses to hire or engage to provide services to
himself or herself or another vulnerable adult, juvenile, or child and
who might be eligible to receive payment from the department for
services rendered; or
(v) A department applicant who will or may work in a department-covered position.
(b) "Authorized" means the department grants an applicant, home, or
facility permission to:
(i) Conduct licensing, certification, or contracting activities;
(ii) Have unsupervised access to vulnerable adults, juveniles, and
children;
(iii) Receive payments from a department program; or
(iv) Work or serve in a department-covered position.
(c) "Department" means the department of social and health
services.
(d) "Secretary" means the secretary of the department of social and
health services.
(e) "Secure facility" has the meaning provided in RCW 71.09.020.
(f) "Service provider" means entities, facilities, agencies,
businesses, or individuals who are licensed, certified, authorized, or
regulated by, receive payment from, or have contracts or agreements
with the department to provide services to vulnerable adults,
juveniles, or children. "Service provider" includes individuals whom
a department client or guardian of a department client may choose to
hire or engage to provide services to himself or herself or another
vulnerable adult, juvenile, or child and who might be eligible to
receive payment from the department for services rendered. "Service
provider" does not include those certified under chapter 70.96A RCW.
NEW SECTION. Sec. 18 Except for sections 6, 10, and 14 through
17 of this act, 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.