The following chart provides a summary of the training and certification requirements for individual providers and home care agency long-term care workers((, including)). This includes criteria for those providers working limited hours for one person, caring only for one's child,((or)) parent, sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild,((and)) providing respite services ((only)), or providing approved services only for a spouse or registered domestic partner and funded through the United States department of veterans' affairs home and community-based programs:

The following definitions apply to the long-term care worker training requirements:

(1) "Activities of daily living" means self-care abilities related to personal care such as bathing, eating, using the toilet, medication assistance, dressing, and transfer. Instrumental activities of daily living may also be used to assess a person's functional abilities in the home and the community such as cooking, shopping, house cleaning, doing laundry, working, and managing personal finances.

(2) "Care team" means the client and everyone involved in ((his or her))the individual's care. The care team may include family, friends, doctors, nurses, long-term care workers, social workers, and case managers. The role of the care team is to support the client's well-being. However, the client directs the care plan.

(3) "Challenge test" means a competency test taken for specialty training without first taking the class for which the test is designed and may only be used when basic training is not required.

(4) "Client" means an individual receiving in-home services.

(5) "Competency" means the integrated knowledge, skills, or behavior expected of a long-term care worker after completing training in a required topic area. Learning objectives are associated with each competency.

(6) "Competency testing" means evaluating a student to determine if ((he or she))the student can demonstrate the required level of skill, knowledge, and behavior with respect to the identified learning objectives of a particular course. The department only requires competency testing for nurse delegation core and specialized diabetes training, and the specialty and expanded specialty trainings. Training programs may integrate competency testing within ((their))each programs' approved curricula.

(7) "Core basic training" means the portion of the 70-hour home care aide basic training that covers the core competencies and skills that long-term care workers need in order to provide personal care services efficiently and safely. The core basic training hours also includes hours devoted to student practice and demonstration of skills.

(8) "Date of hire" for determining time frames related to training and certification, means the ((date of hire as described in chapter 246-980 WAC))first day the long-term care worker is employed by any employer.

(9) "DDA" refers to the developmental disabilities administration.

(10) "Direct care worker" means a paid individual who provides direct, personal care services to persons with disabilities or the elderly requiring long-term care (see also the definition of long-term care worker, which includes client care workers).

(11) "Department" or "DSHS" means the department of social and health services.

(12) "Enhancement" means additional time provided for skills practice and additional training materials or classroom activities that help a long-term care worker to thoroughly learn the course content and skills. Enhancements can include new student materials, videos or DVDs, online materials, and additional student activities.

(13) "Expanded specialty training" means optional curricula that provide caregivers with advanced knowledge and skills to provide person-centered care to clients or residents living with conditions other than developmental disabilities, dementia, and mental health. The optional expanded specialty training may include such topics as traumatic brain injury, diabetes care, and bariatric care. The optional expanded specialty training curricula must be DSHS developed and based on competencies and learning objectives established by the department.

(14) "Guardian" means an individual as defined in chapter ((11.88))11.130 RCW.

(15) "Home care aide" or "certified home care aide" means a long-term care worker who has obtained and maintains a home care aide certification through the department of health.

(16) "Hybrid" means a combination of online training and in-person, remote, or virtual classroom instruction.

(17) "Individual provider" or "IP" means a person ((who has contracted with the department))employed by the consumer directed employer to provide personal care or respite care services to persons with functional disabilities under a medicaid state plan program, such as the medicaid personal care or community first choice programs,((or)) under a federal medicaid waiver program, or through the veteran directed home care (VDHC) program.

(18) "Learning objectives" means measurable, written statements that clearly describe what a long-term care worker must minimally learn to meet each competency. Learning objectives are identified for each competency. Learning objectives provide consistent, common language and a framework for curriculum designers, the curriculum approval process, and testing. Curriculum developers have the flexibility to determine how learning objectives are met and may include additional content deemed necessary to best meet the competency in a particular setting.

(19) "Long-term care worker" means:

(a) All persons who provide paid, personal care services for the elderly or persons with disabilities, including but not limited to individual providers of home care services, direct care workers employed by home care agencies, providers of home care services to persons with developmental disabilities under Title 71A RCW, all direct care workers in state-licensed assisted living facilities, adult family homes, respite care providers, community residential service providers, and any other direct care staff who provide home or community-based services to the elderly or persons with functional disabilities or developmental disabilities.

(b) Long-term care workers do not include:

(i) Persons employed by the following facilities or agencies: Nursing homes subject to chapter 18.51 RCW, hospitals or other acute care settings, residential habilitation centers under chapter 71A.20 RCW, facilities certified under 42 C.F.R., Part 483, hospice agencies subject to chapter 70.127 RCW, adult day care centers; or

(ii) Persons who are not paid by the state, by a private agency, or facility licensed by the state to provide personal care services.

(20) "Online training" means a course taken through an automated, asynchronous learning management system or other technology that conforms to the online training standards posted on the DSHS website at https://bit.ly/dshs-online-standards.

(21) "Personal care services" means physical or verbal assistance with activities of daily living, or activities of daily living and instrumental activities of daily living that are provided to the client.

(22) "Remote skills training" means training conducted in a virtual classroom environment, or online when a student either demonstrates a skill live or provides a video recorded file of themselves performing a skill that is forwarded for feedback to an approved instructor or a proctor trained by an approved instructor, or both. A training program must be approved by DSHS to provide remote skills training.

(23) "70-hour home care aide training" means the 70 hours of required training that a new long-term care worker must complete within 120 days of hire. It has three components: Core competencies, practice of skills, and population specific topics, which may include specialty and nurse delegation training.

(24) "Specialty training" means curricula that meets the requirements of RCW 18.20.270 and 70.128.230 to provide basic core knowledge and skills that caregivers need to learn and understand to effectively and safely provide care to residents living with mental illness, dementia, or developmental disabilities. The specialty training curricula may be DSHS developed or DSHS approved and must be based on the competencies and learning objectives in WAC 388-112A-0430, 388-112A-0440, or 388-112A-0450.

(25) "Training entity" means an organization, including an independent contractor, who provides or may provide training under this chapter using approved curriculum. Training entities may only deliver approved curriculum.

(26) "Training partnership" means a joint partnership or trust that includes the office of the governor, and the exclusive bargaining representative of individual providers under RCW 74.39A.270 with the capacity to provide training, peer mentoring, and workforce development, or other services to individual providers.

(27) "Virtual classroom" means a synchronous, instructor-led, remote learning environment conducted in real time that conforms to the virtual classroom standards posted on the DSHS website at https://bit.ly/dshs-online-standards. A training program must be approved by DSHS to provide virtual classroom instruction.

(1) The department determines a long-term care worker's date of hire according to ((chapter 246-980 WAC))the first day the long-term care worker is employed by any employer.

(2) The date of hire is specific to each long-term care worker. ((It does not change when a long-term care worker changes clients or employers unless the long-term care worker meets the criteria in WAC 388-71-0980.))A long-term care worker, including an individual or agency provider who has worked as a long-term care worker in the past, but who did not complete the training or certification that was required at the time, and a worker who is not currently certified or eligible to reactivate an expired credential, shall receive a new date of hire when beginning work with either a new employer or returning to a former employer after prior employment has ended.

(3) This section does not apply to background check requirements under this chapter.

The following long-term care workers are exempt from the 70-hour, 30-hour, nine-hour, or seven-hour((home care aide)) basic training requirement:

(1) An individual employed as a long-term care worker on January 6, 2012, who complied with the basic training requirements in effect on the date of hire;

(2) An individual previously employed as a long-term care worker who completed the basic training requirements in effect on the date of hire, and was employed as a long-term care worker at some point between January 1, 2011, and January 6, 2012;

(3) Registered nurses, licensed practical nurses, and advanced registered nurse practitioners licensed under chapter 18.79 RCW;

(4) Nursing assistants certified under chapter 18.88A RCW and persons in an approved training program for certified nursing assistants under chapter 18.88A RCW provided that they complete the training program within 120 days of the date of hire and the department of health has issued a nursing assistant certified credential within 200 days of the date of hire;

(5) A home health aide who was employed by a medicare certified home health agency within the year before being hired as a long-term care worker and has met the requirements of 42 C.F.R., Sec. 484.36;

(6) An individual with special education training who has an endorsement granted by the Washington state superintendent of public instruction as described in RCW 28A.300.010; and

(7) A home care aide (HCA) certified under chapter 18.88B RCW.

Unless exempt from training in WAC 388-71-0839(1) through (7), all long-term care workers must complete core and population specific competencies within 120 days of the date of hire as described in ((chapter 246-980)) WAC 388-71-0837.

Unless exempt from the basic training requirements under WAC 388-71-0839 (1) through (7), the following individuals must ((take))complete the ((thirty))30-hour basic training under WAC 388-71-0885 within 120 days of the date of hire as described in WAC 388-71-0837:

(1) An individual provider who only cares for that provider's:

(((i)))(a)((Cares for his or her)) biological, step, or adoptive child, or parent; or

(((ii)))(3)((Provides))A long-term care worker who provides no more than ((twenty))20 hours of nonrespite care for one person who is not the individual provider's:

(a) biological, step, or adoptive child, or parent((.)); or

(((2) An individual who provides only respite services to clients not covered under title 71A RCW, works three hundred hours or less in any calendar year and is not exempt from basic training under WAC 388-71-0839.))

(1) The following individual providers ((eligible for limited training under WAC 388-71-0880 and 388-71-0893, who begin to work for a second client who is not))must complete 70 hours of basic training and become a certified home care aide under WAC 388-71-0523:

(a) Individual providers who previously provided no more than 20 hours of nonrespite care in any calendar month for one person who is not the provider's:

(i)((their)) biological, step, or adoptive child or parent((,));((or))

((continue to work for one client whose authorized monthly hours fluctuate above twenty hours per month must:

(b) Become a certified home care aide under WAC 388-71-095.))

(((2) Individual providers who provide only respite services and worked more than three hundred hours in any calendar year must complete the seventy hours of basic training and become a certified home care aide.))

(((3) Individual providers who previously only provided personal care to their biological, step, or adoptive child or parent through DDA or HCS who begin working for an unrelated client must complete the seventy hour basic training and become a certified home care aide.))

(((4) When an IP described in subsections (1), (2), or (3) of this section is required to complete the seventy hour basic training and become a certified home care aide, the IP will:

(b) Be required to complete continuing education under WAC 388-71-0990.))

(((5) For the purpose of this section, the date of the change means the date on which the IP:

(7) The training and certification requirements for an individual that met the above criteria in subsection (6) does not apply if the individual returns to work only for his or her biological, step, or adoptive parent or adult child.))

(1) Unless exempt from the basic training requirements under WAC 388-71-0839 (1) through (7), an individual provider must ((take))complete orientation and safety training and nine hours of training within 120 days of the date of hire as described in WAC 388-71-0837 if ((he or she))the provider meets the following criteria:

(a) Provides ((only)) respite services for individuals with developmental disabilities receiving services under Title 71A RCW; and

(b) Works ((three hundred))300 hours or less of respite in any calendar year.

(2) The individual provider must complete the orientation and safety training before providing care.

(3) The training partnership identified in RCW 74.39A.360 must offer at least ((twelve))12 of the ((fourteen))14 total hours online and five of these online hours must be individually selected from elective courses.

(4) An individual must complete the nine hours basic training required under this section within ((one hundred twenty))120 days of the long-term care worker's date of hire.

In order to be authorized to provide department paid in-home services, all long-term care workers must obtain home care aide certification as provided in chapter 246-980 WAC unless exempt for the 70-hour basic training as described in WAC 388-71-0875.

(1) If an individual is required to or chooses to become a certified home care aide and completes the ((seventy))70-hour training requirements under this section, the individual will be required to continue to comply with these requirements to maintain ((his or her))the credential and complete continuing education requirements even if:

(a) The monthly authorized hours are later reduced to ((twenty))20 or fewer hours;

(b) ((He or she))The individual no longer works for a second unrelated client; or

(c) The individual works 300((less than three hundred)) respite hours or less in a calendar year.

(2) The training and certification requirements for an individual that met the ((above)) criteria in subsection (1) of this section does not apply when the individual returns to work only for ((his or her))the individual's:

(a) biological, step, or adoptive parent, or adult child((.)); or

(1) If an individual has previously worked as a long-term care worker, but did not complete the training or certification requirements under RCW 18.88B.041, 74.39A.074, and ((74.39A.096))74.39A.076, and this chapter, a home care agency or client must not employ the individual to work as a long-term care worker until the individual has completed the required training certification unless the date of hire has been reset as described under subsection (2) of this section.

(2) The date of hire may be reset according to ((chapter 246-980)) WAC 388-71-0837.

(3) Unless exempt from the 70-hour basic training as described in WAC 388-71-0875, individuals who meet the criteria in subsection (2) of this section are allowed a new 120 days to complete the 70-hour home care aide basic training and a new 200 days to become certified as a home care aide, if required by WAC 246-980-020.

(4) Individuals who meet the criteria in subsection (2) of this section must submit a new application and fee to the department of health.

Continuing education is not required for any of the following:

(1) Individual providers caring only for the provider's:

(a)((their)) biological, step, or adoptive child; or

(2) Individual providers that:

(a) Provide ((care to only one person and provide)) no more than 20 hours of nonrespite care in any calendar month to only one person who is not the provider's:((; or))

(b) ((Individual providers who only))Provide respite services and work 300 hours or less of respite in any calendar year;

(3) Before January 1, 2016, a long-term care worker employed by a community residential service business; and

(4) Registered nurses, licensed practical nurses, and advanced registered nurse practitioners licensed under chapter 18.79 RCW, even if voluntarily certified as a home care aide under chapter 18.88B RCW.

The following definitions apply to this chapter:

(1) "Activities of daily living" means self-care abilities related to personal care such as bathing, eating, using the toilet, dressing, medication assistance, and transfer. Instrumental activities of daily living may also be used to assess a person's functional abilities in the home and the community such as cooking, shopping, house cleaning, doing laundry, working, and managing personal finances.

(2) "Adult family home training network" means a nonprofit organization established by the exclusive bargaining representative of adult family homes designated under RCW 41.56.026 with the capacity to provide training, workforce development, and other services to adult family homes.

(3) "Applicant" means:

(a) An individual who is applying for an adult family home license;

(b) An individual with an ownership interest in a partnership, corporation, or other entity that is applying for an adult family home license; or

(c) An individual who is applying for an enhanced services facility license.

(4) "Capable caregiving training" means the DSHS developed training curricula in dementia and mental health that will be available in three class levels. The level one series of the class in both dementia and mental health meets the requirements under RCW 18.20.270 and RCW 70.128.230 for specialty training. The level two and level three capable caregiving classes, when developed in both topics, may be completed for continuing education credits.

(5) "Care team" includes the resident and everyone involved in ((their))the individual's care. The care team may include family, friends, doctors, nurses, long-term care workers, social workers, and case managers. The role of the care team is to support the resident's well-being. However, the resident directs the service plan when able.

(6) "Challenge test" means a competency test taken for specialty training without first taking the class for which the test is designed.

(7) "Competency" means the integrated knowledge, skills, or behavior expected of a long-term care worker after completing the training in a required topic area. Learning objectives are associated with each competency.

(8) "Competency testing" including challenge testing, evaluates a student to determine if they can demonstrate the required level of skill, knowledge, and behavior with respect to the identified learning objectives of a particular course.

(9) "Core basic training" is the portion of the 70-hour home care aide basic training that covers the core competencies and skills that long-term care workers need in order to provide personal care services efficiently and safely. The core basic training hours also includes hours devoted to student practice and demonstration of skills.

(10) "Date of hire" for determining time frames related to training and certification((,)) means ((date of hire according to chapter 246-980 WAC))the first day the long-term care worker is employed by any employer.

(11) "DDA" means the developmental disabilities administration.

(12) "Designee" means a person in an assisted living facility or enhanced services facility who supervises long-term care workers and is designated by an assisted living facility administrator or enhanced services facility administrator to take the trainings in this chapter required of the facility administrator. An assisted living facility or enhanced services facility administrator may have more than one designee.

(13) "Direct care worker" means a paid individual who provides direct, personal care services to persons with disabilities or the elderly requiring long-term care (see also the definition of long-term care worker, which includes direct care workers).

(14) "Direct supervision" means oversight by a person who has demonstrated competency in basic training and if required, specialty training, or has been exempted from the basic training requirements, and is on the premises and quickly available to the caregiver.

(15) "DSHS" or "department" means the department of social and health services.

(16) "Enhancement" means additional time provided for skills practice and additional training materials or classroom activities that help a long-term care worker to thoroughly learn the course content and skills. Enhancements may include new student materials, videos or DVDs, online materials, and additional student activities.

(17) "Entity representative" means the individual designated by an adult family home provider who is or will be responsible for the daily operations of an adult family home.

(18) "Expanded specialty training" means optional curricula that provide caregivers with advanced knowledge and skills to provide person-centered care to clients or residents living with conditions other than developmental disabilities, dementia, and mental health. The optional expanded specialty training may include such topics as traumatic brain injury, diabetes care, and bariatric care. The optional expanded specialty training curricula must be DSHS developed and based on competencies and learning objectives established by the department.

(19) "Guardian" means an individual as defined in chapter ((11.88))11.130 RCW.

(20) "Home" means adult family homes, enhanced services facilities, and assisted living facilities.

(21) "Home care aide certified" or "home care aide" means a person who obtained and maintains a home care aide certification through the department of health.

(22) "Hybrid" means a combination of online training and in-person, remote, or virtual classroom instruction.

(23) "Indirect supervision" means oversight by a person who has demonstrated competency in basic training and if required, specialty training, or was exempted from basic training requirements, and who is quickly and easily available to the long-term care worker, but not necessarily on-site.

(24) "Learning objectives" means measurable, written statements that clearly describe what a long-term care worker must minimally learn to meet each competency. Learning objectives are identified for each competency. Learning objectives provide consistent, common language and a framework for curriculum designers, the curriculum approval process, and testing.

(25) "Long-term care worker" means:

(a) All persons who provide paid, personal care services for the elderly or persons with disabilities, including but not limited to individual providers of home care services, direct care workers employed by home care agencies, providers of home care services to persons with developmental disabilities under Title 71A RCW, all direct care workers in state-licensed assisted living facilities, adult family homes, respite care providers, community residential service providers, and any other direct care staff who provide home or community-based services to the elderly or persons with functional disabilities or developmental disabilities.

(b) Long-term care workers do not include:

(i) Persons employed by the following facilities or agencies: Nursing homes subject to chapter 18.51 RCW, hospitals or other acute care settings, residential habilitation centers under chapter 71A.20 RCW, facilities certified under 42 C.F.R., Part 483, hospice agencies subject to chapter 70.127 RCW, adult day care centers, and adult day health care centers; or

(ii) Persons who are not paid by the state, by a private agency, or facility licensed by the state to provide personal care services.

(26) "Online training" means a course taken through an automated, asynchronous learning management system or other technology that conforms to the online training standards posted on the DSHS website at https://bit.ly/dshs-online-standards.

(27) "Personal care services" means physical or verbal assistance with activities of daily living, or activities of daily living and instrumental activities of daily living, which is provided to meet the resident's care needs.

(28) "Provider" means any person or entity licensed by the department to operate an adult family home, enhanced services facility, or assisted living facility, or any person or entity certified by the department to provide instruction and support services to meet the needs of persons receiving services under Title 71A RCW.

(29) "Remote skills training" means training conducted in a virtual classroom environment, or online when a student either demonstrates a skill live or provides a video recorded file of themselves performing a skill that is forwarded for feedback to an approved instructor or a proctor trained by an approved instructor, or both. A training program must be approved by DSHS to provide remote skills training.

(30) "Renewal period" means the certification renewal period as defined in WAC 246-12-010.

(31) "Resident" means a person residing and receiving long-term care services at an assisted living facility, enhanced services facility, or adult family home. As applicable, "resident" also means the resident's legal guardian or other surrogate decision maker.

(32) "Resident manager" means a person employed or designated by the provider to manage the adult family home who meets the requirements in WAC 388-76-10000 and this chapter.

(33) "Routine interaction" means regular contact with residents.

(34) "70-hour home care aide basic training" means the 70-hours of required training that a new long-term care worker must complete within 120 days of hire. It has three components: Core competencies, practice of skills, and population specific topics, which may include specialty and nurse delegation training.

(35) "Special needs" means a resident has dementia consistent with WAC 388-78A-2510 for assisted living or WAC 388-76-10000 for adult family homes; mental illness consistent with WAC 388-78A-2500 for assisted living or WAC 388-76-10000 for adult family homes; or developmental disabilities consistent with WAC 388-78A-2490 for assisted living or WAC 388-76-10000 for adult family homes.

(36) "Specialty training" means curricula that meets the requirements of RCW 18.20.270 and 70.128.230 to provide basic core knowledge and skills that caregivers need to learn and understand to effectively and safely provide care to residents living with mental illness, dementia, or developmental disabilities. The specialty training curricula may be DSHS developed or DSHS approved and must be based on the competencies and learning objectives in WAC 388-112A-0430, ((WAC)) 388-112A-0440, or ((WAC)) 388-112A-0450.

(37) "Training entity" means an organization, including an independent contractor, who provides or may provide training under this chapter using approved curriculum.

(38) "Virtual classroom" means a synchronous, instructor-led, remote learning environment conducted in real time that conforms to the virtual classroom standards posted on the DSHS website at https://bit.ly/dshs-online-standards. A training program must be approved by DSHS to provide virtual classroom instruction.

(1) If an individual previously worked as a long-term care worker, but did not complete the training or certification requirements under RCW 18.88B.041, 74.39A.074, 74.39A.076, and this chapter, an adult family home, enhanced services facility, or assisted living facility must not employ the individual to work as a long-term care worker until the individual has completed the required training or certification unless the date of hire has been reset as described under subsection (2) of this section.

(2) The original date of hire may be reset according to ((chapter 246-980)) WAC 388-112A-0115. A long-term care worker who is not currently certified or eligible to reactivate an expired credential shall receive a new date of hire when beginning work with either a new employer or returning to a former employer after prior employment has ended.

(3) Individuals who meet the criteria in subsection (2) of this section are allowed a new 120 days to complete the orientation, safety, and 70-hour home care aide basic trainings and a new 200 days to become certified as a home care aide, if required by WAC 246-980-020.

(4) Individuals who meet the criteria in subsection (2) of this section must submit ((a new))an application and fee to the department of health.

(1) The department determines a long-term care worker's date of hire according to ((chapter 246-980 WAC))the first day the long-term care worker is employed by any employer.

(2) The date of hire is specific to each long-term care worker. ((It does not change when a long-term care worker changes clients or employers unless the long-term care worker meets the criteria in WAC 388-112A-0110))A long-term care worker, including an individual who has worked as a long-term care worker in the past, but who did not complete the training or certification that was required at the time, and a worker who is not currently certified or eligible to reactivate an expired credential, shall receive a new date of hire when beginning work with either a new employer or returning to a former employer after prior employment has ended.

(3) This section does not apply to background check requirements under this chapter.

(1)"Area agencies on aging (AAA)" means a contracted entity that aging and long-term support administration (ALTSA) grants funds to in order to carry out the functions of the Older Americans Act, general-fund state programs, and to provide case management services and supports to individuals 18 and older who receive medicaid-funded LTC in ((their))the individual's own ((homes))home.

(2) "Applicant" means a person who is in the process of becoming an in-home long-term care worker.

(3) "Negative actions" are listed in WAC 388-113-0030. 

(4)"Background check" means a name and date of birth check or a fingerprint-based background check, or both.

(5)"Background check result" is defined in WAC 388-113-0101.

(6)"Background check central unit(("))(BCCU)" means the DSHS entity responsible for conducting background checks for the department.

(7)"Character, competence, and suitability determination (CC&S)" is defined in WAC 388-113-0050.

(8)"Client" means an individual receiving medicaid((-))or veterans' administration funded in-home long term services from the department.

(9)"Consumer directed employer (CDE)" is a private entity that contracts with the department to be the legal employer of individual providers for purposes of performing administrative functions. The consumer directed employer is patterned after the agency with choice model, recognized by the federal centers for medicare and medicaid services for financial management in consumer directed programs. The entity's responsibilities are described in RCW 74.39A.515 and throughout ((this)) chapter 74.39A RCW and include:

(((1)))(a) Coordination with the consumer, who is the individual provider's managing employer;

(((2)))(b) Withholding, filing, and paying income and employment taxes, including workers' compensation premiums and unemployment taxes, for individual providers;

(((3)))(c) Verifying an individual provider's qualifications; and

(((4)))(d) Providing other administrative and employment-related supports. The consumer directed employer is a social service agency and its employees are mandated reporters as defined in RCW 74.34.020.

(11)"Department" means the department of social and health services (DSHS).

(12)"Fingerprint-based background check" means an in-state criminal history records check through the Washington state patrol and a national criminal history records check through the Federal Bureau of Investigation.

(13)"Individual provider (IP)" as defined in RCW 74.39A.240 limited to individual providers employed by the consumer directed employer.

(14)"Managing employer" means a consumer who employs one or more individual providers and whose responsibilities include:

(((1)))(a) Choosing potential individual providers and referring them to the consumer directed employer;

(((2)))(b) Selecting an individual provider(s);

(((3)))(c) Overseeing the day-to-day management and scheduling of the individual provider's tasks consistent with the plan of care; and

(((4)))(d) Dismissing the individual provider when desired.

(15)"Name and date of birth check" is a search, conducted by the background check central unit (BCCU), of Washington state ((check)) criminal history and negative action records using the applicant's name and date of birth.

The client, or ((their))the client's representative, is the managing employer and:

(1) Has the primary responsibility to select, dismiss, assign hours, and supervise the work of one or more individual providers; and

(2) May receive assistance from the consumer directed employer or other resources in identifying potential providers.

An individual hired on or after January 7, 2012, must meet the training requirements described in WAC 388-71-0836 through 388-71-1006. ((These training requirements also apply to individual providers who were hired before January 7, 2012, if they did not complete prior training requirements within one hundred twenty days of hire and they want to be reinstated to work. These training requirements and certification if required must be met prior to reinstating these individuals to work.))

The following chart provides a summary of the training and certification requirements for individual providers((, including)). This includes criteria for those providers working limited hours for one person, caring only for one's child,((or)) parent, sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild,((and)) providing respite services ((only)), or providing approved services only for a spouse or registered domestic partner and funded through the United States department of veterans' affairs home and community-based programs:

(1) The CDE will reject an individual provider who:

(a) Is the client's spouse, except in the case of an individual provider for a chore services client or when the client is receiving services under the veteran directed home care program;

(b) Is the natural, step, or adoptive parent of a minor client aged ((seventeen))17 or younger;

(c) Is the foster parent providing personal care or skills acquisition training to a child residing in ((their))the individual's licensed foster home; or

(d) Does not meet the qualifications under WAC 388-115-0510.

(2) The CDE will also reject an individual provider when the CDE believes that the individual will be unable to appropriately meet the care needs of the consumer, including health and safety.

(1) The client may choose to receive services from a different individual provider or another qualified provider.

(2) The client has the right to dispute the decision under the consumer directed employer's dispute resolution process.

(3) The client does not have a right to a hearing under chapter 34.05 RCW.