Subject of Possible Rule Making: Home care aide basic training standardization. The department of health (department) is considering rule making to implement legislation to reflect standardized basic training requirements for exempt workers and increase the home care aide workforce.

The department is considering amendments to chapter 246-980 WAC to implement statutory changes made by SHB 1142 (chapter 18, Laws of 2025), passed during the 2025 legislation session. SHB 1142 clarifies the terminology for workers providing in-home care for a family member, and specifies and makes standard training requirements for these workers who are exempt from home care aide certification. The department is considering changes to align the home care aide rules with these new changes in statute.

The department is also considering creating a new rule section in chapter 246-980 WAC to adopt into permanent rule the emergency rule language the department enacted as WSR 25-18-034 on August 25, 2025, which is necessary to implement SB 5672 (chapter 341, Laws of 2025). The emergency rules extend the timeline for a home care aide to become certified from 200 days to 365 days, or 425 days if granted a provisional certificate, through December 2027.

The department may also consider changes to incorporate best practices, clarify rules, or make housekeeping updates to the rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.88B.041, 18.88B.060, 43.70.040, SHB 1142 (chapter 18, Laws of 2025), and SB 5672 (chapter 341, Laws of 2025), codified in RCW 18.88B.021.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules are necessary to align with SHB 1142, which changes the general terminology from "individual provider" to "long-term care workers providing in-home care" in specified conditions, clarifies which long-term care workers are exempt from needing a home care aide certificate, and details what the minimal training requirements are for those exempt workers. The department is considering rule amendments to align the rule with the statute which become effective July 2026.

Rules are necessary to comply with SB 5672. Adopting the department's emergency rules into permanent rules brings clarity and visibility to the extended certification timelines for home care aides through December 2027 and the rule-making process provides the opportunity to work with interested parties to address permanent additions and changes in rule. The department is considering adopting these extended home care aide certification timelines into rule while the office of the Washington state auditor conducts an audit on performance evaluation through the 2026 legislative session, to help increase the home care aide workforce.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of social and health services (DSHS). The department has statutory authority over long-term care workers for home care aide certification, while DSHS has statutory authority over training. The department and DSHS consult and coordinate closely to conduct rule-making work with interested parties to align language and protect clients and families in Washington.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jennifer Osbun, P.O. Box 47850, Olympia, WA 98504-7850, phone 360-236-2737, TTY 711, email homecareaide@doh.wa.gov, website www.doh.wa.gov.

Additional comments: The department will notify interested parties of rule making by posting information on the department website and will send notification out via GovDelivery. To receive notices, interested persons may sign up by going to https://public.govdelivery.com/accounts/WADOH/subscriber/new.