§ 74.39A.085. 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, 2009, to implement this section.
[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. Sections: Previous 74.39A.050 74.39A.055 74.39A.060 74.39A.070 74.39A.073 74.39A.075 74.39A.080 74.39A.085 74.39A.090 74.39A.095 74.39A.100 74.39A.110 74.39A.120 74.39A.130 74.39A.140 Next
Last modified: April 7, 2009