ByHouse Human Services, Youth, & Early Learning (originally sponsored by Representatives Taylor, Rude, Senn, Leavitt, Simmons, Reed, Graham, Callan, Macri, Chopp, Barkis, Fosse, Couture, Goodman, Nance, Springer, Riccelli, Farivar, Reeves, and Davis)

AN ACT Relating to authorizing payment for parental caregivers of minor children with developmental disabilities; adding a new section to chapter 71A.12 RCW; and creating a new section.

NEW SECTION. Sec. 1. The legislature finds that natural, adoptive, and stepparents of developmentally disabled medicaid-eligible children may be the best caregivers for their children, and that parents provide personal caregiving to their disabled children for much of the parent's and the children's life spans.

The legislature further finds that the caregiving workforce is a critical lifeline for people with developmental disabilities to live independently. The legislature also finds that paying parents for their extraordinary caregiving labor is an important investment in our families and in our communities.

(1) By January 31, 2025, the administration shall submit a request to the centers for medicare and medicaid services for amendments to applicable developmental disabilities administration home and community-based services waivers that would allow natural, adoptive, and stepparents who provide personal care services to their minor children with developmental disabilities to receive payment for providing those services to the greatest extent allowable under federal law.

(2) In the event that the amendment requests identified in subsection (1) of this section are not accepted and cannot be cured, within 30 days of receiving notice of the denial, the administration shall apply to the centers for medicare and medicaid services for a section 1115 demonstration waiver that would allow natural, adoptive, and stepparents who provide personal care services to their minor children with developmental disabilities to receive payment for providing those services to the greatest extent allowable under federal law.

(3) The department shall commence payments authorized under this section immediately upon receiving approval from the centers for medicare and medicaid services.