DEPARTMENT OF HEALTH

[Filed July 21, 2025, 2:36 p.m., effective August 21, 2025]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Home care aide requirements; expanding who qualifies for exemptions from the requirement to obtain a home care aide certification in WAC 246-980-025 and 246-980-110 to implement recent legislation. The adopted rule amendments reflect the new law that expands exemptions for long-term care workers or individual providers who are exempt from having to obtain a home care aide certification. For individuals who provide care to their child or parent, the definition of "family member" for individual providers that specifies that the care recipient be the biological, step, or adoptive child or parent is expanded by SB 5811 (chapter 322, Laws of 2024) to include those related by marriage or domestic partnership. The expanded exemptions are intended to increase the workforce. The adopted rules align with the changes in statute.

Updates to continuing education are also made by SB 5811. Section 3 allows long-term care workers who are exempt under RCW 18.88B.041 to voluntarily take continuing education training to receive up to 12 hours of continuing education annually, be paid for by their consumer directed employer. The requirements set out in section 3(4) of SB 5811 expire on January 1, 2027. Amendments to WAC 246-980-110 reflect these statutory updates.

Citation of Rules Affected by this Order: Amending WAC 246-980-025 and 246-980-110.

Statutory Authority for Adoption: RCW 18.88B.041, 43.70.280, and SB 5811 (chapter 322, Laws of 2024).

Other Authority: RCW 18.88B.060.

Adopted under notice filed as WSR 25-10-012 on April 25, 2025.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: July 21, 2025.

Kristin Peterson, JD

for Dennis E. Worsham

AMENDATORY SECTION(Amending WSR 24-15-025, filed 7/9/24, effective 8/9/24)

WAC 246-980-025Individuals exempt from obtaining a home care aide certification.

(1) The following individuals are not required to obtain certification as a home care aide. If they choose to voluntarily become certified, they shall successfully pass the entry level training required by RCW 74.39A.074 and meet the requirements of WAC 246-980-040.

(a) An individual provider caring only for a biological, step, or adoptive child or parent, including when related by marriage or domestic partnership.

(b) An individual provider caring only for a sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild,((())including when related by marriage or domestic partnership(())).

(c) A long-term care worker 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.

(d) An individual provider who provides 20 hours or less of care for one person in any calendar month.

(e) An individual employed by a community residential service business.

(f) An individual employed by a residential habilitation center licensed under chapter 71A.20 RCW or a facility certified under 42 C.F.R. Part 483.

(g) A direct care worker who is not paid by the state or by a private agency or facility licensed by the state to provide personal care services.

(h) A person working as an individual provider who only provides ((respite))nonrespite services and works less than 300 hours in any calendar year.

(i) Any direct care worker exempt under RCW 18.88B.041(1).

(2) The following long-term care workers are not required to obtain certification as a home care aide. If they choose to voluntarily become certified, they must meet the requirements of WAC 246-980-040. The training requirements under RCW 74.39A.074(1) are not required.

(a) An individual who holds an active credential by the department as a:

(i) Registered nurse, a licensed practical nurse, or advanced registered nurse practitioner under chapter 18.79 RCW; or

(ii) Nursing assistant-certified under chapter 18.88A RCW.

(b) 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. Part 484.36.

(c) A person who is in an approved training program for certified nursing assistant under chapter 18.88A RCW, provided that the training program is completed within 120 calendar days of the date of hire and that the nursing assistant-certified credential has been issued within 200 calendar days of the date of hire.

(d) An individual with special education training and an endorsement granted by the superintendent of public instruction under RCW 28A.300.010 and is approved by the secretary.

(e) An individual employed as a long-term care worker on January 6, 2012, or who was employed as a long-term care worker between January 1, 2011, and January 6, 2012, and who completed all of the training requirements in effect as of the date of hire. This exemption expires if the long-term care worker has not provided care for three consecutive years.

(i) The department may require the exempt long-term care worker who was employed as a long-term care worker between January 1, 2011, and January 6, 2012, to provide proof of that employment. Proof may include a letter or similar documentation from the employer that hired the long-term care worker between January 1, 2011, and January 6, 2012, indicating the first and last day of employment, the job title, a job description, and proof of completing training requirements. Proof of training will also be accepted directly from the approved instructor or training program, if applicable.

(ii) For an individual provider reimbursed by the department of social and health services, the department will accept verification from the department of social and health services or the training partnership.

AMENDATORY SECTION(Amending WSR 24-15-025, filed 7/9/24, effective 8/9/24)

WAC 246-980-110Continuing education.

(1) A home care aide shall demonstrate completion of 12 hours of continuing education per year as required by RCW 74.39A.341. The required continuing education must be obtained during the period between renewals. Continuing education is subject to the provisions of WAC 246-12-170 through 246-12-240.

(2) Verification of completion of the continuing education requirement is due upon renewal of an active credential. If the first renewal period is less than a full year from the date of certification, no continuing education will be due for the first renewal period.

(3) No continuing education is required for renewal of a credential that has been expired five years or less.

(4) An individual provider who is exempt from certification as a home care aide may voluntarily take continuing education under RCW 18.88B.041. Until January 1, 2027, continuing education hours must be paid for by the individual provider's consumer directed employer, up to 12 hours annually.