74.39A.085 - Enforcement actions against persons not certified as home care aides and their employers. - Washington Statutes

Enforcement actions against persons not certified as home care aides and their employers.

(1) The department shall deny payment to any individual provider of home care services who has not been certified by the department of health as a home care aide as required under chapter 2, Laws of 2009 or, if exempted from certification by RCW 18.88B.040, has not completed his or her required training pursuant to chapter 2, Laws of 2009.

     (2) The department may terminate the contract of any individual provider of home care services, or take any other enforcement measure deemed appropriate by the department if the individual provider's certification is revoked under chapter 2, Laws of 2009 or, if exempted from certification by RCW 18.88B.040, has not completed his or her required training pursuant to chapter 2, Laws of 2009.

     (3) The department shall take appropriate enforcement action related to the contract of a private agency or facility licensed by the state, to provide personal care services, other than an individual provider, who knowingly employs a long-term care worker who is not a certified home care aide as required under chapter 2, Laws of 2009 or, if exempted from certification by RCW 18.88B.040, has not completed his or her required training pursuant to chapter 2, Laws of 2009.

     (4) Chapter 34.05 RCW shall govern actions by the department under this section.

     (5) The department shall adopt rules by August 1, 2010, to implement this section.

[2009 c 580 § 14; 2009 c 2 § 12 (Initiative Measure No. 1029, approved November 4, 2008).]

Notes: Intent -- Findings -- Construction -- Severability -- Short title -- 2009 c 2 (Initiative Measure No. 1029): See notes following RCW 18.88B.020.

Disciplinary action -- Uncertified practice: RCW 18.88B.050.