Bill Summary – FastDemocracy

Z-0394.4
                                HOUSE BILL 1969
     State of Washington       68th Legislature       2024 Regular Session
     By Representatives Alvarado, Ramos, Senn, Bateman, Reed, Simmons,
     Ormsby, Callan, Macri, Doglio, Fosse, Ortiz-Self, Lekanoff, Reeves,
     Riccelli, Pollet, and Davis; by request of Department of Social and
     Health Services
     Prefiled 12/18/23. Read first time 01/08/24.    Referred to Committee
     on Health Care & Wellness.
      AN ACT Relating to expanding the definition of family member for
  individual providers; amending RCW 18.88B.041, 74.39A.076, and
  74.39A.341; and providing an effective date.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 18.88B.041 and 2023 c 424 s 7 are each amended to
 read as follows:
     (1) The following long-term care workers are not required to
 become a certified home care aide pursuant to this chapter:
     (a)(i)(A) Registered nurses, licensed practical nurses, certified
 nursing assistants or persons who are in an approved training program
 for certified nursing assistants under chapter 18.88A RCW, medicare-
 certified home health aides, or other persons who hold a similar
 health credential, as determined by the secretary, or persons with
 special education training and an endorsement granted by the
 superintendent   of   public   instruction,  as   described  in   RCW
 28A.300.010, if the secretary determines that the circumstances do
 not require certification.
     (B) A person who was initially hired as a long-term care worker
 prior to January 7, 2012, and who completes all of the training
 requirements in effect as of the date the person was hired.
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     (ii) Individuals exempted by (a)(i) of this subsection may obtain
 certification as a home care aide without fulfilling the training
 requirements in RCW 74.39A.074(1)(d)(ii) but must successfully
 complete a certification examination pursuant to RCW 18.88B.031.
     (b) All long-term care workers employed by community residential
 service businesses.
     (c)(i) An individual provider caring only for the individual
 provider's ((biological, step, or adoptive)) child or parent,
 including when related by marriage or domestic partnership; and
     (ii) An individual provider caring only for the individual
 provider's sibling, aunt, uncle, cousin, niece, nephew, grandparent,
 or grandchild, including when related by marriage or domestic
 partnership.
     (d) A person working as an individual provider who provides
 ((twenty)) 20 hours or less of nonrespite care for one person in any
 calendar month.
     (e) A person working as an individual provider who only provides
 respite services and works less than ((three hundred)) 300 hours in
 any calendar year.
     (f) A long-term care worker providing approved services only for
 a spouse or registered domestic partner, pursuant to the long-term
 services and supports trust program established in chapter 50B.04
 RCW.
     (g) 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.
     (2) A long-term care worker exempted by this section from the
 training requirements contained in RCW 74.39A.074 may not be
 prohibited from enrolling in training pursuant to that section.
     (3) The department shall adopt rules to implement this section.
     Sec. 2.   RCW 74.39A.076 and 2023 c 424 s 8 are each amended to
 read as follows:
     (1) Beginning January 7, 2012, except for long-term care workers
 exempt from certification under RCW 18.88B.041(1)(a):
     (a) A ((biological, step, or adoptive)) parent who is the
 individual provider only for the person's developmentally disabled
 ((son or daughter)) child, including when related by marriage or
 domestic partnership, must receive ((twelve)) 12 hours of training
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 relevant to the needs of individuals with developmental disabilities
 within the first ((one hundred twenty)) 120 days after becoming an
 individual provider.
     (b) A spouse or registered domestic partner who is a long-term
 care worker only for a spouse or domestic partner, pursuant to the
 long-term services and supports trust program established in chapter
 50B.04 RCW, must receive ((fifteen)) 15 hours of basic training, and
 at least six hours of additional focused training based on the care-
 receiving spouse's or partner's needs, within the first ((one hundred
 twenty)) 120 days after becoming a long-term care worker.
     (c) A person working as an individual provider who (i) provides
 respite care services only for individuals with developmental
 disabilities receiving services under Title 71A RCW or only for
 individuals who receive services under this chapter, and (ii) works
 ((three hundred)) 300 hours or less in any calendar year, must
 complete ((fourteen)) 14 hours of training within the first ((one
 hundred twenty)) 120 days after becoming an individual provider. Five
 of the ((fourteen)) 14 hours must be completed before becoming
 eligible to provide care, including two hours of orientation training
 regarding the caregiving role and terms of employment and three hours
 of safety training. The training partnership identified in RCW
 74.39A.360 must offer at least ((twelve)) 12 of the ((fourteen)) 14
 hours online, and five of those online hours must be individually
 selected from elective courses.
     (d) Individual providers identified in (d)(i) or (ii) of this
 subsection must complete ((thirty-five)) 35 hours of training within
 the first ((one hundred twenty)) 120 days after becoming an
 individual provider. Five of the ((thirty-five)) 35 hours must be
 completed before becoming eligible to provide care. Two of these five
 hours shall be devoted to an orientation training regarding an
 individual provider's role as caregiver and the applicable terms of
 employment, and three hours shall be devoted to safety training,
 including basic safety precautions, emergency procedures, and
 infection control. Individual providers subject to this requirement
 include:
     (i)(A) ((An)) Unless covered by (a) of this subsection, an
 individual provider caring only for the individual provider's
 ((biological, step, or adoptive)) child or parent ((unless covered by
 (a) of this subsection)), including when related by marriage or
 domestic partnership; ((and))
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     (B) ((An)) Unless covered by (a) of this subsection, an
 individual provider caring only for the individual provider's
 sibling, aunt, uncle, cousin, niece, nephew, grandparent, or
 grandchild,   including  when   related  by   marriage  or   domestic
 partnership;
     (ii) A person working as an individual provider who provides
 ((twenty)) 20 hours or less of care for one person in any calendar
 month; and
     (iii) 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.
     (2) In computing the time periods in this section, the first day
 is the date of hire.
     (3) Only training curriculum approved by the department may be
 used to fulfill the training requirements specified in this section.
 The department shall only approve training curriculum that:
     (a) Has been developed with input from consumer and worker
 representatives; and
     (b) Requires comprehensive instruction by qualified instructors.
     (4) If a pandemic, natural disaster, or other declared state of
 emergency impacts the ability of long-term care workers to complete
 training as required by this section, the department may adopt rules
 to allow long-term care workers additional time to complete the
 training requirements.
     (a) Rules adopted under this subsection (4) are effective until
 the termination of the pandemic, natural disaster, or other declared
 state of emergency or until the department determines that all long-
 term care workers who were unable to complete the training required
 in subsection (1) of this section have had adequate access to
 complete the required training, whichever is later. Once the
 department determines a rule adopted under this subsection (4) is no
 longer necessary, it must repeal the rule under RCW 34.05.353.
     (b) Within 12 months of the termination of the pandemic, natural
 disaster, or other declared state of emergency, the department shall
 conduct a review of training compliance with subsection (1) of this
 section and provide the legislature with a report.
     (5) The department shall adopt rules to implement this section.
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     Sec. 3.   RCW 74.39A.341 and 2023 c 424 s 6 are each amended to
 read as follows:
     (1) All long-term care workers shall complete ((twelve)) 12 hours
 of continuing education training in advanced training topics each
 year. This requirement applies beginning July 1, 2012.
     (2) Completion of continuing education as required in this
 section is a prerequisite to maintaining home care aide certification
 under chapter 18.88B RCW.
     (3) Unless voluntarily certified as a home care aide under
 chapter 18.88B RCW, subsection (1) of this section does not apply to:
     (a) An individual provider caring only for his or her biological,
 step, or adoptive child;
     (b) ((An individual provider caring only for the individual
 provider's sibling, aunt, uncle, cousin, niece, nephew, grandparent,
 or grandchild, including when related by marriage or domestic
 partnership;
     (c))) Registered nurses and licensed practical nurses licensed
 under chapter 18.79 RCW;
     (((d))) (c) Before January 1, 2016, a long-term care worker
 employed by a community residential service business;
     (((e))) (d) A person working as an individual provider who
 provides ((twenty)) 20 hours or less of care for one person in any
 calendar month;
     (((f))) (e) A person working as an individual provider who only
 provides respite services and works less than ((three hundred)) 300
 hours in any calendar year; or
     (((g))) (f) A person whose certificate has been expired for less
 than five years who seeks to restore the certificate to active
 status. The person does not need to complete continuing education
 requirements in order for their certificate to be restored to active
 status. Subsection (1) of this section applies to persons once the
 certificate has been restored to active status, beginning on the date
 the certificate is restored to active status.
     (4) Only training curriculum approved by the department may be
 used to fulfill the training requirements specified in this section.
 The department shall only approve training curriculum that:
     (a) Has been developed with input from consumer and worker
 representatives; and
     (b) Requires comprehensive instruction by qualified instructors.
                                     p. 5                          HB 1969
     (5)   Individual   providers  under   RCW  74.39A.270  shall  be
 compensated for training time required by this section.
     (6) If a pandemic, natural disaster, or other declared state of
 emergency impacts the ability of long-term care workers to complete
 training as required by this section, the department may adopt rules
 to allow long-term care workers additional time to complete the
 training requirements.
     (a) Rules adopted under this subsection (6) are effective until
 the termination of the pandemic, natural disaster, or other declared
 state of emergency or until the department determines that all long-
 term care workers who were unable to complete the training required
 in this section have had adequate access to complete the required
 training, whichever is later. Once the department determines a rule
 adopted under this subsection (6) is no longer necessary, it must
 repeal the rule under RCW 34.05.353.
     (b) Within 12 months of the termination of the pandemic, natural
 disaster, or other declared state of emergency, the department shall
 conduct a review of training compliance with subsection (1) of this
 section and provide the legislature with a report.
     (7) The department of health shall adopt rules to implement
 subsection (1) of this section.
     (8) The department shall adopt rules to implement subsection (2)
 of this section.
     NEW SECTION.   Sec. 4.   Section 3 of this act takes effect January
 1, 2025.
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Statutes affected: 
Original Bill: 18.88B.041, 74.39A.076, 74.39A.341