Section 74.39A.086. Enforcement actions against persons not certified as home care aides and their employers.

(1) The department:

(a) Shall deny payment to any individual provider of home care services who has not been certified as a home care aide as required under chapter 18.88B RCW or whose certification is revoked or, if exempted from certification under RCW 18.88B.041, who has not completed his or her required training pursuant to RCW 74.39A.074.

(b) 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 has not been certified or the individual provider's certification is revoked under chapter 18.88B RCW or, if exempted from certification by RCW 18.88B.041, the individual provider has not completed his or her required training pursuant to RCW 74.39A.074.

(2) 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 18.88B RCW or whose certification is revoked or, if exempted from certification under RCW 18.88B.041, who has not completed his or her required training pursuant to RCW 74.39A.074.

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

(4) The department shall adopt rules to implement this section.

[ 2012 c 164 § 602; 2012 c 1 § 109 (Initiative Measure No. 1163, approved November 8, 2011).]

NOTES:

Reviser's note: The language of this section, as enacted by 2012 c 1 § 109, was identical to RCW 74.39A.085 as amended by 2009 c 580 § 14, which was repealed by 2012 c 1 § 115. This section has since been amended by 2012 c 164 § 602.

Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.

Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.

2012 c 164 § 602; 2012 c 1 § 109 (Initiative Measure No. 1163, approved November 8, 2011).