BILL REQ. #:  Z-0828.3 

Read first time 01/22/2004.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to further reaffirmation and clarification of individual providers' work roles as nonstate employees, excluding these workers from specific provisions under Title 41 RCW; and amending RCW 74.39A.240 and 74.39A.270.

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

Sec. 1   RCW 74.39A.240 and 2002 c 3 s 3 are each amended to read as follows:
     The definitions in this section apply throughout RCW 74.39A.030 and 74.39A.095 and 74.39A.220 through 74.39A.300, 41.56.026, 70.127.041, and 74.09.740 unless the context clearly requires otherwise.
     (1) "Authority" means the home care quality authority.
     (2) "Board" means the board created under RCW 74.39A.230.
     (3) "Consumer" means a person to whom an individual provider provides any such services.
     (4) "Individual provider" means a person, including a personal aide, who has contracted with the department to provide personal care or respite care services to ((functionally disabled persons)) individuals with functional disabilities under the medicaid personal care, community options program entry system, chore services program, or respite care program, or to provide respite care or residential services and support to persons with developmental disabilities under chapter 71A.12 RCW, or to provide respite care as defined in RCW 74.13.270. An individual provider is not to be considered for any purpose an employee of the state of Washington, an area agency on aging, or any other public agency.

Sec. 2   RCW 74.39A.270 and 2002 c 3 s 6 are each amended to read as follows:
     (1) Solely for the purposes of collective bargaining and as expressly limited under subsections (2) and (3) of this section, the authority is the public employer, as defined in chapter 41.56 RCW, of individual providers, who are public employees solely for collective bargaining, as defined in chapter 41.56 RCW, of the authority.
     (2) Chapter 41.56 RCW governs the ((employment)) collective bargaining 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 public employees ((of the authority)) solely for collective bargaining under subsection (1) of this section are not((, for that reason,)) employees of the state for any purpose. Chapter 41.56 RCW applies only to the governance of the collective bargaining relationship between the authority and the individual providers and as provided in subsections (1) and (2) of this section. Individual providers are specifically and entirely excluded from all other provisions of Title 41 RCW.
     (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, or their contractors under chapter 3, Laws of 2002 may not be held vicariously liable 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.