BILL REQ. #: H-4338.1
| State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/15/08. Referred to Committee on Commerce & Labor.
AN ACT Relating to adult family home caregivers; amending RCW 74.39A.240, 74.39A.280, 41.56.113, 41.56.029, 41.04.810, 43.01.047, 74.39A.009, 74.39A.350, and 74.39A.360; reenacting and amending RCW 43.79A.040; adding new sections to chapter 74.39A RCW; creating new sections; and providing an effective date.
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, sections 2
through 4, 6, 7, and 9 of this act, 41.56.026, 41.56.113, 70.127.041,
and 74.09.740 unless the context clearly requires otherwise.
(1) "Adult family home provider" means the same as in RCW
41.56.030.
(2) "Authority" means the home care quality authority.
(((2))) (3) "Board" means the board created under RCW 74.39A.230.
(((3))) (4) "Caregiver" means a caregiver, as defined in RCW
70.128.230, who is employed by an adult family home provider.
"Caregiver" does not include adult family home providers.
(5) "Consumer" means a person to whom an individual provider or
caregiver provides any such services.
(((4))) (6) "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 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.
NEW SECTION. Sec. 2 A new section is added to chapter 74.39A RCW
to read as follows:
(2) The authority shall request and every adult family home
provider shall provide a list of all current caregivers annually by
July 1st, except that initially the lists shall be provided within
thirty days of the effective date of this section. The list shall
include the names and addresses of such caregivers, as well as
information necessary to determine whether the caregiver or prospective
caregiver has met the minimum requirements for training set forth in
RCW 74.39A.050 and has satisfactorily undergone a criminal background
check within the prior twelve months.
(3) Before placing a caregiver or prospective caregiver on the
referral registry, the authority shall determine that the caregiver or
prospective caregiver has met the minimum requirements for training set
forth in RCW 74.39A.050, has satisfactorily undergone a criminal
background check within the prior twelve months, and is not listed on
any long-term care abuse and neglect registry used by the department.
(4) The authority shall not deny any caregivers or prospective
caregivers referred by adult family home providers a place on the
registry, unless the caregiver or prospective caregiver fails to meet
the minimum requirements set forth in subsection (3) of this section.
(5) The authority shall remove from the referral registry any
caregiver or prospective caregiver the authority determines not to meet
the minimum requirements set forth in subsection (3) of this section or
to have committed misfeasance or malfeasance in the performance of his
or her duties as a caregiver. The caregiver or prospective caregiver
may request a fair hearing to contest the removal from the referral
registry, as provided in chapter 34.05 RCW.
(6) The authority shall provide assistance to adult family home
providers and prospective adult family home providers in finding
caregivers and prospective caregivers through the referral registry.
(7) The authority shall, to the extent authorized by caregivers and
prospective caregivers, provide routine, emergency, and respite
referrals of caregivers and prospective caregivers to adult family home
providers and prospective adult family home providers.
(8) The authority shall, upon request, provide to a labor
organization seeking to organize caregivers a list of all caregivers
and prospective caregivers on the referral registry. The list shall
contain the names and addresses of such caregivers.
NEW SECTION. Sec. 3 A new section is added to chapter 74.39A RCW
to read as follows:
(2) Beginning October 1, 2009, every adult family home provider
shall contract with the authority for all hours of care provided by
each caregiver.
NEW SECTION. Sec. 4 A new section is added to chapter 74.39A RCW
to read as follows:
(1) Establish qualifications and reasonable standards for
accountability for, and investigate the background of, caregivers and
prospective caregivers, except in cases where, after the department has
sought approval of any appropriate amendments or waivers under RCW
74.09.740, federal law or regulation requires that such qualifications
and standards for accountability be established by another entity in
order to preserve eligibility for federal funding. Qualifications
established must include compliance with the minimum requirements for
training and satisfactory criminal background checks as provided in RCW
74.39A.050 and confirmation that the caregiver or prospective caregiver
is not currently listed on any long-term care abuse and neglect
registry used by the department at the time of the investigation;
(2) Undertake recruiting activities to identify and recruit
caregivers and prospective caregivers;
(3) Provide training opportunities through a contract with the
training partnership established under RCW 74.39A.360 for caregivers
and prospective caregivers;
(4) Cooperate with the department, area agencies on aging, and
other federal, state, and local agencies to provide the services
described and set forth in this section. If, in the course of carrying
out its duties, the authority identifies concerns regarding the
services being provided by a caregiver, the authority must notify the
relevant area agency or department case manager regarding such
concerns;
(5) Enter into contracts with adult family home providers, whereby
providers pay the authority an hourly rate for caregivers. The
authority shall establish the rate or rates through rule, according to
the following criteria:
(a) The initial rate should cover, at a minimum, the hourly cost of
the minimum wage for caregivers established under section 2 of this
act;
(b) The initial rate may also cover reasonable administrative costs
related to the authority's duties in this section; and
(c) The rate shall be adjusted upward to reflect increases in wages
and/or fringe benefits: (i) Mandated by federal or state legislation,
administrative rule, or decision; (ii) mandated by a legislatively
funded collective bargaining agreement; or (iii) requested by a
provider;
(6) Pay wages to caregivers for hours of care provided on behalf of
adult family home providers under contracts established under
subsection (5) of this section. Wages shall be based on the greater of
the hourly wage: (a) Established under section 3 of this act; (b)
mandated by federal or state legislation, administrative rule or
decision; (c) mandated by a legislatively funded collective bargaining
agreement; or (d) requested by a provider;
(7) Administer fringe benefits for caregivers. Fringe benefits,
including but not limited to health insurance, paid and unpaid leave,
and retirement, shall be established either through legislation and/or
through a legislatively funded collective bargaining agreement. If an
adult family home provider wishes to offer a fringe benefit not
established through legislation and/or collective bargaining to a
caregiver providing care in the provider's adult family home, the
provider may do so. Any additional fringe benefits shall be the sole
responsibility of the adult family home provider;
(8) Deduct and remit payroll taxes from wages. Payroll taxes
include, but are not limited to, income taxes, industrial insurance
premiums, and social security and medicare taxes;
(9) Collect cost reports for all adult family home providers, and
share cost reports with the department. The cost report information
shall include, at a minimum, the total hours of care provided by adult
family home providers, the total hours of care provided by caregivers,
and the total cost of each of the above. The cost report information
shall also include, at a minimum, the total cost of noncare-related
items, such as supplies or capital costs. Cost reports shall be
submitted annually on a calendar year basis. Partial year cost reports
will be acceptable in the event that an adult family home provider
begins or ceases holding a medicaid contract, and/or for the partial
year beginning on October 1, 2009.
Sec. 5 RCW 74.39A.280 and 2002 c 3 s 7 are each amended to read
as follows:
(1) Make and execute contracts and all other instruments necessary
or convenient for the performance of its duties or exercise of its
powers, including contracts with public and private agencies,
organizations, corporations, and individuals to pay them for services
rendered or furnished;
(2) Offer and provide recruitment, training, and referral services
to providers of long-term in-home care services other than individual
providers, caregivers, and prospective individual providers and
caregivers, for a fee to be determined by the authority;
(3) Issue rules under the administrative procedure act, chapter
34.05 RCW, as necessary for the purpose and policies of chapter 3, Laws
of 2002 and this act;
(4) Establish offices, employ and discharge employees, agents, and
contractors as necessary, and prescribe their duties and powers and fix
their compensation, incur expenses, and create such liabilities as are
reasonable and proper for the administration of chapter 3, Laws of 2002
and this act;
(5) Solicit and accept for use any grant of money, services, or
property from the federal government, the state, or any political
subdivision or agency thereof, including federal matching funds under
Title XIX of the federal social security act, and do all things
necessary to cooperate with the federal government, the state, or any
political subdivision or agency thereof in making an application for
any grant;
(6) Coordinate its activities and cooperate with similar agencies
in other states;
(7) Establish technical advisory committees to assist the board;
(8) Keep records and engage in research and the gathering of
relevant statistics;
(9) Acquire, hold, or dispose of real or personal property or any
interest therein, and construct, lease, or otherwise provide facilities
for the activities conducted under this chapter, provided that the
authority may not exercise any power of eminent domain;
(10) Sue and be sued in its own name;
(11) Delegate to the appropriate persons the power to execute
contracts and other instruments on its behalf and delegate any of its
powers and duties if consistent with the purposes of this chapter;
((and))
(12) Contract with a financial institution either to act as trustee
or custodian to receive and deposit payments in and make expenditures
from the caregiver payment account as described in sections 4 and 7 of
this act, and to perform other duties and functions in connection with
the transactions authorized under this section; and
(13) Do other acts necessary or convenient to execute the powers
expressly granted to it.
NEW SECTION. Sec. 6 A new section is added to chapter 74.39A RCW
to read as follows:
(a) The percent increase in the hourly rate by which the adult
family home provider contracts with the authority for caregivers; and
(b) The percent of costs incurred by adult family home providers
that are personnel costs associated with hours of care provided by
caregivers, according to the previous year's cost report data.
(2) For each adult family home provider, the percentage in
subsection (1)(a) of this section shall be multiplied by the percentage
in subsection (1)(b) of this section. Each client-specific daily rate
of payment from the medicaid and state-funded long-term care programs
to the adult family home provider shall be increased by the resulting
percentage.
NEW SECTION. Sec. 7 A new section is added to chapter 74.39A RCW
to read as follows:
Sec. 8 RCW 43.79A.040 and 2007 c 523 s 5, 2007 c 357 s 21, and
2007 c 214 s 14 are each reenacted and amended to read as follows:
(2) All income received from investment of the treasurer's trust
fund shall be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments shall occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings
credited to the investment income account to the state general fund
except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The Washington promise
scholarship account, the college savings program account, the
Washington advanced college tuition payment program account, the
agricultural local fund, the American Indian scholarship endowment
fund, the foster care scholarship endowment fund, the foster care
endowed scholarship trust fund, the students with dependents grant
account, the basic health plan self-insurance reserve account, the
caregiver payment account, the contract harvesting revolving account,
the Washington state combined fund drive account, the commemorative
works account, the Washington international exchange scholarship
endowment fund, the developmental disabilities endowment trust fund,
the energy account, the fair fund, the family leave insurance account,
the fruit and vegetable inspection account, the future teachers
conditional scholarship account, the game farm alternative account, the
GET ready for math and science scholarship account, the grain
inspection revolving fund, the juvenile accountability incentive
account, the law enforcement officers' and firefighters' plan 2 expense
fund, the local tourism promotion account, the produce railcar pool
account, the regional transportation investment district account, the
rural rehabilitation account, the stadium and exhibition center
account, the youth athletic facility account, the self-insurance
revolving fund, the sulfur dioxide abatement account, the children's
trust fund, the Washington horse racing commission Washington bred
owners' bonus fund account, the Washington horse racing commission
class C purse fund account, the individual development account program
account, the Washington horse racing commission operating account
(earnings from the Washington horse racing commission operating account
must be credited to the Washington horse racing commission class C
purse fund account), the life sciences discovery fund, the Washington
state heritage center account, and the reading achievement account.
However, the earnings to be distributed shall first be reduced by the
allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
(c) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right-of-way
revolving fund, the advanced environmental mitigation revolving
account, the city and county advance right-of-way revolving fund, the
federal narcotics asset forfeitures account, the high occupancy vehicle
account, the local rail service assistance account, and the
miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 9 A new section is added to chapter 74.39A RCW
to read as follows:
(2) Chapter 41.56 RCW governs the collective bargaining
relationship between the governor and caregivers, except as otherwise
expressly provided in this chapter 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 caregivers;
(b) Bargaining authorization cards furnished as the showing of
interest in support of any representation petition or motion for
intervention filed under this section shall be exempt from disclosure
under chapter 42.56 RCW;
(c) Notwithstanding the definition of "collective bargaining" in
RCW 41.56.030(4), the scope of collective bargaining for caregivers
under this section shall be limited solely to:
(i) Wages, fringe benefits, and training;
(ii) How the department's core responsibility affects hours of work
for caregivers as described in subsection (4)(b) of this section; and
(iii) Public employer contributions to the training partnership as
described in subsection (5) of this section;
(d) The mediation and interest arbitration provisions of RCW
41.56.430 through 41.56.470 and 41.56.480 apply, except that:
(i) In addition to the factors to be taken into consideration by an
interest arbitration panel under RCW 41.56.465, the panel shall
consider the financial ability of the state to pay for the compensation
and fringe benefits provisions of a collective bargaining agreement;
and
(ii) The decision of the arbitration panel is not binding on the
legislature and, if the legislature does not approve the request for
funds necessary to implement the compensation and fringe benefits
provisions of the arbitrated collective bargaining agreement, is not
binding on the authority or the state; and
(e) Caregivers who are related to, or family members of, consumers
or prospective consumers are not, for that reason, exempt from this
chapter or chapter 41.56 RCW.
(3) Caregivers who are public employees solely for the purposes of
collective bargaining under subsection (1) of this section are not, for
that reason, employees of the state for any other purpose. Chapter
41.56 RCW applies only to the governance of the collective bargaining
relationship between the employer and caregivers as provided in
subsections (1) and (2) of this section.
(4) This section does not create or modify:
(a) The adult family home providers' and prospective adult family
home providers' right to select, hire, supervise, and direct the work
of, terminate, and determine the conditions of employment for any
caregiver. The right to supervise and direct the work of any caregiver
includes assigning work tasks, evaluating job performance, and
providing additional worksite specific training;
(b) The department's authority to establish a plan of care for each
consumer or its core responsibility to manage long-term care services
under chapter 70.128 RCW, including determination of the level of care
that each consumer is eligible to receive;
(c) The department's obligation to comply with the federal medicaid
statute and regulations and the terms of any community-based waiver
granted by the federal department of health and human services and to
ensure federal financial participation in the provision of the
services;
(d) The legislature's right to make programmatic modifications to
the delivery of state services under chapter 70.128 RCW, including
standards of eligibility of consumers and adult family home providers
participating in the programs under chapter 70.128 RCW, and the nature
of services provided. The governor shall not enter into, extend, or
renew any agreement under this chapter that does not expressly reserve
the legislative rights described in this subsection (4)(d);
(e) The residents', parents', or legal guardians' right to choose
and terminate the services of any licensed adult family home provider;
(f) The rights of providers and caregivers under the national labor
relations act, 29 U.S.C. Sec. 151 et seq.; and
(g) RCW 43.43.832, 43.20A.205, or 74.15.130.
(5) At the request of the exclusive bargaining representative, the
governor or the governor's designee appointed under chapter 41.80 RCW
shall engage in collective bargaining, as defined in RCW 41.56.030(4),
with the exclusive bargaining representative over public employer
contributions to the training partnership for the costs of: (a)
Meeting all training and peer mentoring required under this chapter;
and (b) other training intended to promote the career development of
caregivers.
(6) The state, the department, and the authority may not be held
vicariously or jointly liable for the action or inaction of any
caregiver or prospective caregiver, whether or not that caregiver or
prospective caregiver was included on the referral registry. The
existence of a collective bargaining agreement or the placement of a
caregiver or prospective caregiver on the referral registry does not
constitute a special relationship with the consumer.
(7) Upon meeting the requirements of subsection (8) of this
section, the governor must submit, as a part of the proposed biennial
or supplemental operating budget submitted to the legislature under RCW
43.88.030, a request for funds necessary to administer this act and to
implement the compensation and fringe benefits provisions of a
collective bargaining agreement entered into under this section or for
legislation necessary to implement the agreement.
(8) A request for funds necessary to implement the compensation and
fringe benefits provisions of a collective bargaining agreement entered
into under this section shall not be submitted by the governor to the
legislature unless the request has been:
(a) Submitted to the director of financial management by October
1st prior to the legislative session at which the requests are to be
considered; and
(b) Certified by the director of financial management as
financially feasible for the state or reflective of a binding decision
of an arbitration panel reached under subsection (2)(d) of this
section.
(9) The legislature must approve or reject the submission of the
request for funds as a whole. If the legislature rejects or fails to
act on the submission, any collective bargaining agreement must be
reopened for the sole purpose of renegotiating the funds necessary to
implement the agreement.
(10) When any increase in caregiver wages or fringe benefits is
negotiated or agreed to, no increase in wages or fringe benefits
negotiated or agreed to under this chapter will take effect unless and
until, before its implementation, the department has determined that
the increase is consistent with federal law and federal financial
participation in the provision of services under Title XIX of the
federal social security act.
(11) The governor shall periodically consult with the joint
committee on employment relations established by RCW 41.80.010
regarding appropriations necessary to implement the compensation and
fringe benefits provisions of any collective bargaining agreement and,
upon completion of negotiations, advise the committee on the elements
of the agreement and on any legislation necessary to implement such an
agreement.
(12) After the expiration date of any collective bargaining
agreement entered into under this section, all of the terms and
conditions specified in any such agreement remain in effect until the
effective date of a subsequent agreement, not to exceed one year from
the expiration date stated in the agreement, except as provided in
subsection (4)(d) of this section.
(13) If, after the compensation and fringe benefits provisions of
an agreement are approved by the legislature, a significant revenue
shortfall occurs resulting in reduced appropriations, as declared by
proclamation of the governor or by resolution of the legislature, both
parties shall immediately enter into collective bargaining for a
mutually agreed upon modification of the agreement.
Sec. 10 RCW 41.56.113 and 2007 c 184 s 3 are each amended to read
as follows:or)) an
adult family home provider, or a caregiver within the bargaining unit
and after the certification or recognition of the bargaining unit's
exclusive bargaining representative, the state as payor, but not as the
employer, shall, subject to subsection (3) of this section, deduct from
the payments to an individual provider, a family child care provider,
((or)) an adult family home provider, or a caregiver the monthly amount
of dues as certified by the secretary of the exclusive bargaining
representative and shall transmit the same to the treasurer of the
exclusive bargaining representative.
(2) If the governor and the exclusive bargaining representative of
a bargaining unit of individual providers, family child care providers,
((or)) adult family home providers, or caregivers enter into a
collective bargaining agreement that:
(a) Includes a union security provision authorized in RCW
41.56.122, the state as payor, but not as the employer, shall, subject
to subsection (3) of this section, enforce the agreement by deducting
from the payments to bargaining unit members the dues required for
membership in the exclusive bargaining representative, or, for
nonmembers thereof, a fee equivalent to the dues; or
(b) Includes requirements for deductions of payments other than the
deduction under (a) of this subsection, the state, as payor, but not as
the employer, shall, subject to subsection (3) of this section, make
such deductions upon written authorization of the individual provider,
family child care provider, ((or)) adult family home provider, or
caregiver.
(3)(a) The initial additional costs to the state in making
deductions from the payments to individual providers, family child care
providers, ((and)) adult family home providers, and caregivers under
this section shall be negotiated, agreed upon in advance, and
reimbursed to the state by the exclusive bargaining representative.
(b) The allocation of ongoing additional costs to the state in
making deductions from the payments to individual providers, family
child care providers, ((or)) adult family home providers, or caregivers
under this section shall be an appropriate subject of collective
bargaining between the exclusive bargaining representative and the
governor unless prohibited by another statute. If no collective
bargaining agreement containing a provision allocating the ongoing
additional cost is entered into between the exclusive bargaining
representative and the governor, or if the legislature does not approve
funding for the collective bargaining agreement as provided in RCW
74.39A.300, 41.56.028, or 41.56.029, as applicable, the ongoing
additional costs to the state in making deductions from the payments to
individual providers, family child care providers, ((or)) adult family
home providers, or caregivers under this section shall be negotiated,
agreed upon in advance, and reimbursed to the state by the exclusive
bargaining representative.
(4) The governor and the exclusive bargaining representative of a
bargaining unit of family child care providers may not enter into a
collective bargaining agreement that contains a union security
provision unless the agreement contains a process, to be administered
by the exclusive bargaining representative of a bargaining unit of
family child care providers, for hardship dispensation for license-exempt family child care providers who are also temporary assistance
for needy families recipients or WorkFirst participants.
Sec. 11 RCW 41.56.029 and 2007 c 184 s 1 are each amended to read
as follows:
(2) There shall be collective bargaining, as defined in RCW
41.56.030, between the governor and adult family home providers, except
as follows:
(a) A statewide unit of all adult family home providers is the only
unit appropriate for purposes of collective bargaining under RCW
41.56.060.
(b) The exclusive bargaining representative of adult family home
providers in the unit specified in (a) of this subsection shall be the
representative chosen in an election conducted pursuant to RCW
41.56.070.
Bargaining authorization cards furnished as the showing of interest
in support of any representation petition or motion for intervention
filed under this section shall be exempt from disclosure under chapter
42.56 RCW.
(c) Notwithstanding the definition of "collective bargaining" in
RCW 41.56.030(4), the scope of collective bargaining for adult family
home providers under this section shall be limited solely to: (i)
Economic compensation, such as manner and rate of subsidy and
reimbursement, including tiered reimbursements; (ii) health and welfare
benefits; (iii) professional development and training; (iv) labor-management committees; (v) grievance procedures; and (vi) other
economic matters. Retirement benefits shall not be subject to
collective bargaining. Wages, fringe benefits, and training subject to
collective bargaining for caregivers under section 9 of this act shall
not be subject to collective bargaining under this section. By such
obligation neither party shall be compelled to agree to a proposal or
be required to make a concession unless otherwise provided in this
chapter.
(d) In addition to the entities listed in the mediation and
interest arbitration provisions of RCW 41.56.430 through 41.56.470 and
41.56.480, the provisions apply to the governor or the governor's
designee and the exclusive bargaining representative of adult family
home providers, except that:
(i) In addition to the factors to be taken into consideration by an
interest arbitration panel under RCW 41.56.465, the panel shall
consider the financial ability of the state to pay for the compensation
and benefit provisions of a collective bargaining agreement.
(ii) The decision of the arbitration panel is not binding on the
legislature and, if the legislature does not approve the request for
funds necessary to implement the compensation and benefit provisions of
the arbitrated collective bargaining agreement, the decision is not
binding on the state.
(e) Adult family home providers do not have the right to strike.
(3) Adult family home providers who are public employees solely for
the purposes of collective bargaining under subsection (1) of this
section are not, for that reason, employees of the state for any other
purpose. This section applies only to the governance of the collective
bargaining relationship between the employer and adult family home
providers as provided in subsections (1) and (2) of this section.
(4) This section does not create or modify:
(a) The department's authority to establish a plan of care for each
consumer or its core responsibility to manage long-term care services
under chapter 70.128 RCW, including determination of the level of care
that each consumer is eligible to receive. However, at the request of
the exclusive bargaining representative, the governor or the governor's
designee appointed under chapter 41.80 RCW shall engage in collective
bargaining, as defined in RCW 41.56.030(4), with the exclusive
bargaining representative over how the department's core responsibility
affects hours of work for adult family home providers. This subsection
shall not be interpreted to require collective bargaining over an
individual consumer's plan of care;
(b) The department's obligation to comply with the federal medicaid
statute and regulations and the terms of any community-based waiver
granted by the federal department of health and human services and to
ensure federal financial participation in the provision of the
services;
(c) The legislature's right to make programmatic modifications to
the delivery of state services under chapter 70.128 RCW, including
standards of eligibility of consumers and adult family home providers
participating in the programs under chapter 70.128 RCW, and the nature
of services provided. The governor shall not enter into, extend, or
renew any agreement under this chapter that does not expressly reserve
the legislative rights described in this subsection (4)(c);
(d) The residents', parents', or legal guardians' right to choose
and terminate the services of any licensed adult family home provider;
and
(e) RCW 43.43.832, 43.20A.205, or 74.15.130.
(5) Upon meeting the requirements of subsection (6) of this
section, the governor must submit, as a part of the proposed biennial
or supplemental operating budget submitted to the legislature under RCW
43.88.030, a request for funds necessary to implement the compensation
and benefit provisions of a collective bargaining agreement entered
into under this section or for legislation necessary to implement the
agreement.
(6) A request for funds necessary to implement the compensation and
benefit provisions of a collective bargaining agreement entered into
under this section shall not be submitted by the governor to the
legislature unless the request has been:
(a) Submitted to the director of financial management by October
1st prior to the legislative session at which the requests are to be
considered; and
(b) Certified by the director of financial management as
financially feasible for the state or reflective of a binding decision
of an arbitration panel reached under subsection (2)(d) of this
section.
(7) The legislature must approve or reject the submission of the
request for funds as a whole. If the legislature rejects or fails to
act on the submission, any collective bargaining agreement must be
reopened for the sole purpose of renegotiating the funds necessary to
implement the agreement.
(8) If, after the compensation and benefit provisions of an
agreement are approved by the legislature, a significant revenue
shortfall occurs resulting in reduced appropriations, as declared by
proclamation of the governor or by resolution of the legislature, both
parties shall immediately enter into collective bargaining for a
mutually agreed upon modification of the agreement.
(9) After the expiration date of any collective bargaining
agreement entered into under this section, all of the terms and
conditions specified in the agreement remain in effect until the
effective date of a subsequent agreement, not to exceed one year from
the expiration date stated in the agreement.
(10) In enacting this section, the legislature intends to provide
state action immunity under federal and state antitrust laws for the
joint activities of adult family home providers and their exclusive
bargaining representative to the extent the activities are authorized
by this chapter.
Sec. 12 RCW 41.04.810 and 2007 c 184 s 4 are each amended to read
as follows:and)) 41.56.029, and section 9 of this act.
Sec. 13 RCW 43.01.047 and 2007 c 184 s 5 are each amended to read
as follows:or)) adult family home providers under RCW 41.56.029, or caregivers
under section 9 of this act.
Sec. 14 RCW 74.39A.009 and 2007 c 361 s 2 are each amended to
read as follows:
(1) "Adult family home" means a home licensed under chapter 70.128
RCW.
(2) "Adult residential care" means services provided by a boarding
home that is licensed under chapter 18.20 RCW and that has a contract
with the department under RCW 74.39A.020 to provide personal care
services.
(3) "Assisted living services" means services provided by a
boarding home that has a contract with the department under RCW
74.39A.010 to provide personal care services, intermittent nursing
services, and medication administration services, and the resident is
housed in a private apartment-like unit.
(4) "Boarding home" means a facility licensed under chapter 18.20
RCW.
(5) "Cost-effective care" means care provided in a setting of an
individual's choice that is necessary to promote the most appropriate
level of physical, mental, and psychosocial well-being consistent with
client choice, in an environment that is appropriate to the care and
safety needs of the individual, and such care cannot be provided at a
lower cost in any other setting. But this in no way precludes an
individual from choosing a different residential setting to achieve his
or her desired quality of life.
(6) "Department" means the department of social and health
services.
(7) "Enhanced adult residential care" means services provided by a
boarding home that is licensed under chapter 18.20 RCW and that has a
contract with the department under RCW 74.39A.010 to provide personal
care services, intermittent nursing services, and medication
administration services.
(8) "Functionally disabled person" or "person who is functionally
disabled" is synonymous with chronic functionally disabled and means a
person who because of a recognized chronic physical or mental condition
or disease, including chemical dependency, is impaired to the extent of
being dependent upon others for direct care, support, supervision, or
monitoring to perform activities of daily living. "Activities of daily
living", in this context, means self-care abilities related to personal
care such as bathing, eating, using the toilet, dressing, and transfer.
Instrumental activities of daily living may also be used to assess a
person's functional abilities as they are related to the mental
capacity to perform activities in the home and the community such as
cooking, shopping, house cleaning, doing laundry, working, and managing
personal finances.
(9) "Home and community services" means adult family homes, in-home
services, and other services administered or provided by contract by
the department directly or through contract with area agencies on aging
or similar services provided by facilities and agencies licensed by the
department.
(10) "Long-term care" is synonymous with chronic care and means
care and supports delivered indefinitely, intermittently, or over a
sustained time to persons of any age disabled by chronic mental or
physical illness, disease, chemical dependency, or a medical condition
that is permanent, not reversible or curable, or is long-lasting and
severely limits their mental or physical capacity for self-care. The
use of this definition is not intended to expand the scope of services,
care, or assistance by any individuals, groups, residential care
settings, or professions unless otherwise expressed by law.
(11)(a) "Long-term care workers" includes all persons who are long-term care workers for the elderly or persons with disabilities,
including but not limited to individual providers of home care
services, direct care employees of home care agencies, providers of
home care services to persons with developmental disabilities under
Title 71 RCW, all direct care workers in state-licensed boarding homes,
assisted living facilities, and adult family homes, respite care
providers, community residential service providers, and any other
direct care worker providing home or community-based services to the
elderly or persons with functional disabilities or developmental
disabilities.
(b) "Long-term care workers" do not include persons employed in
nursing homes subject to chapter 18.51 RCW, hospitals or other acute
care settings, hospice agencies subject to chapter 70.127 RCW, adult
day care centers, and adult day health care centers.
(12) "Nursing home" means a facility licensed under chapter 18.51
RCW.
(13) "Secretary" means the secretary of social and health services.
(14) "Training partnership" means a joint partnership or trust
established and maintained jointly by the office of the governor and
the exclusive bargaining representative of individual providers under
RCW 74.39A.270 and the exclusive bargaining representative of
caregivers under section 9 of this act to provide training, peer
mentoring, and examinations required under this chapter, and
educational, career development, or other services to individual
providers.
(15) "Tribally licensed boarding home" means a boarding home
licensed by a federally recognized Indian tribe which home provides
services similar to boarding homes licensed under chapter 18.20 RCW.
Sec. 15 RCW 74.39A.350 and 2007 c 361 s 5 are each amended to
read as follows:a))
contracts with 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, 2010.
Sec. 16 RCW 74.39A.360 and 2007 c 361 s 6 are each amended to
read as follows:a)) collective bargaining agreements negotiated under this chapter
shall be made beginning July 1, 2009. The training partnership shall
provide reports as required by the department verifying that all
individual providers have complied with all training requirements. The
exclusive bargaining representative shall designate the training
partnership.
NEW SECTION. Sec. 17 Part headings and captions used in this act
are not any part of the law.
NEW SECTION. Sec. 18 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 19 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. 20 This act takes effect July 1, 2008.