Long-term care prg. repeal

AN ACT Relating to repealing the long-term care services and 1
supports trust program; amending RCW 74.39A.076, 18.88B.041, and 2
44.44.040; reenacting and amending RCW 43.79A.040 and 43.79A.040; 3
repealing RCW 50B.04.010, 50B.04.020, 50B.04.030, 50B.04.040, 4
50B.04.050, 50B.04.055, 50B.04.060, 50B.04.070, 50B.04.080, 5
50B.04.085, 50B.04.088, 50B.04.090, 50B.04.095, 50B.04.100, 6
50B.04.110, 50B.04.120, 50B.04.130, 50B.04.140, 50B.04.150, 7
50B.04.160, 50B.04.170, 50B.04.180, 50B.04.200, 50B.04.900, and 8
43.09.480; providing an effective date; and providing an expiration 9
date. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:11
Sec. 1. RCW 74.39A.076 and 2024 c 322 s 2 are each amended to 12
read as follows: 13
(1) Beginning January 7, 2012, except for long-term care workers 14
exempt from certification under RCW 18.88B.041(1)(a):15
(a) A parent who is the individual provider only for the person's 16
developmentally disabled child, including when related by marriage or 17
domestic partnership, must receive 12 hours of training relevant to 18
the needs of individuals with developmental disabilities within the 19
first 120 days after becoming an individual provider.20
H-0679.1
HOUSE BILL 1578
State of Washington 69th Legislature 2025 Regular Session
By Representative Dufault
Read first time 01/24/25. Referred to Committee on Early Learning &
Human Services.
p. 1 HB 1578
(b) ((A spouse or registered domestic partner who is a long-term 1
care worker only for a spouse or domestic partner, pursuant to the 2
long-term services and supports trust program established in chapter 3
50B.04 RCW, must receive 15 hours of basic training, and at least six 4
hours of additional focused training based on the care-receiving 5
spouse's or partner's needs, within the first 120 days after becoming 6
a long-term care worker.7
(c))) A person working as an individual provider who (i) provides 8
respite care services only for individuals with developmental 9
disabilities receiving services under Title 71A RCW or only for 10
individuals who receive services under this chapter, and (ii) works 11
300 hours or less in any calendar year, must complete 14 hours of 12
training within the first 120 days after becoming an individual 13
provider. Five of the 14 hours must be completed before becoming 14
eligible to provide care, including two hours of orientation training 15
regarding the caregiving role and terms of employment and three hours 16
of safety training. The training partnership identified in RCW 17
74.39A.360 must offer at least 12 of the 14 hours online, and five of 18
those online hours must be individually selected from elective 19
courses. 20
(((d))) (c) Individual providers identified in (((d))) (c)(i) or 21
(ii) of this subsection must complete 35 hours of training within the 22
first 120 days after becoming an individual provider. Five of the 35 23
hours must be completed before becoming eligible to provide care. Two 24
of these five hours shall be devoted to an orientation training 25
regarding an individual provider's role as caregiver and the 26
applicable terms of employment, and three hours shall be devoted to 27
safety training, including basic safety precautions, emergency 28
procedures, and infection control. Individual providers subject to 29
this requirement include: 30
(i)(A) Unless covered by (a) of this subsection, an individual 31
provider caring only for the individual provider's child or parent, 32
including when related by marriage or domestic partnership;33
(B) An individual provider caring only for the individual 34
provider's sibling, aunt, uncle, cousin, niece, nephew, grandparent, 35
or grandchild, including when related by marriage or domestic 36
partnership; 37
(ii) A person working as an individual provider who provides 20 38
hours or less of care for one person in any calendar month; and39
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(iii) A long-term care worker providing approved services only 1
for a spouse or registered domestic partner and funded through the 2
United States department of veterans affairs home and community-based 3
programs. 4
(2) In computing the time periods in this section, the first day 5
is the date of hire. 6
(3) Only training curriculum approved by the department may be 7
used to fulfill the training requirements specified in this section. 8
The department shall only approve training curriculum that:9
(a) Has been developed with input from consumer and worker 10
representatives; and 11
(b) Requires comprehensive instruction by qualified instructors.12
(4) If a pandemic, natural disaster, or other declared state of 13
emergency impacts the ability of long-term care workers to complete 14
training as required by this section, the department may adopt rules 15
to allow long-term care workers additional time to complete the 16
training requirements. 17
(a) Rules adopted under this subsection (4) are effective until 18
the termination of the pandemic, natural disaster, or other declared 19
state of emergency or until the department determines that all long-20
term care workers who were unable to complete the training required 21
in subsection (1) of this section have had adequate access to 22
complete the required training, whichever is later. Once the 23
department determines a rule adopted under this subsection (4) is no 24
longer necessary, it must repeal the rule under RCW 34.05.353.25
(b) Within 12 months of the termination of the pandemic, natural 26
disaster, or other declared state of emergency, the department shall 27
conduct a review of training compliance with subsection (1) of this 28
section and provide the legislature with a report.29
(5) The department shall adopt rules to implement this section.30
Sec. 2. RCW 18.88B.041 and 2024 c 322 s 1 are each amended to 31
read as follows: 32
(1) The following long-term care workers are not required to 33
become a certified home care aide pursuant to this chapter:34
(a)(i)(A) Registered nurses, licensed practical nurses, certified 35
nursing assistants or persons who are in an approved training program 36
for certified nursing assistants under chapter 18.88A RCW, medicare-37
certified home health aides, or other persons who hold a similar 38
health credential, as determined by the secretary, or persons with 39
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special education training and an endorsement granted by the 1
superintendent of public instruction, as described in RCW 2
28A.300.010, if the secretary determines that the circumstances do 3
not require certification. 4
(B) A person who was initially hired as a long -term care worker 5
prior to January 7, 2012, and who completes all of the training 6
requirements in effect as of the date the person was hired.7
(ii) Individuals exempted by (a)(i) of this subsection may obtain 8
certification as a home care aide without fulfilling the training 9
requirements in RCW 74.39A.074(1)(d)(ii) but must successfully 10
complete a certification examination pursuant to RCW 18.88B.031.11
(b) All long-term care workers employed by community residential 12
service businesses. 13
(c)(i) An individual provider caring only for the individual 14
provider's child or parent, including when related by marriage or 15
domestic partnership; and 16
(ii) An individual provider caring only for the individual 17
provider's sibling, aunt, uncle, cousin, niece, nephew, grandparent, 18
or grandchild, including when related by marriage or domestic 19
partnership. 20
(d) A person working as an individual provider who provides 20 21
hours or less of nonrespite care for one person in any calendar 22
month. 23
(e) A person working as an individual provider who only provides 24
respite services and works less than 300 hours in any calendar year.25
(f) ((A long-term care worker providing approved services only 26
for a spouse or registered domestic partner, pursuant to the long-27
term services and supports trust program established in chapter 28
50B.04 RCW.29
(g))) A long-term care worker providing approved services only 30
for a spouse or registered domestic partner and funded through the 31
United States department of veterans affairs home and community-based 32
programs. 33
(2) A long-term care worker exempted by this section from the 34
training requirements contained in RCW 74.39A.074 may not be 35
prohibited from enrolling in training pursuant to that section.36
(3) The department shall adopt rules to implement this section.37
Sec. 3. RCW 43.79A.040 and 2024 c 327 s 16 and 2024 c 168 s 10 38
are each reenacted and amended to read as follows:39
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(1) Money in the treasurer's trust fund may be deposited, 1
invested, and reinvested by the state treasurer in accordance with 2
RCW 43.84.080 in the same manner and to the same extent as if the 3
money were in the state treasury, and may be commingled with moneys 4
in the state treasury for cash management and cash balance purposes.5
(2) All income received from investment of the treasurer's trust 6
fund must be set aside in an account in the treasury trust fund to be 7
known as the investment income account. 8
(3) The investment income account may be utilized for the payment 9
of purchased banking services on behalf of treasurer's trust funds 10
including, but not limited to, depository, safekeeping, and 11
disbursement functions for the state treasurer or affected state 12
agencies. The investment income account is subject in all respects to 13
chapter 43.88 RCW, but no appropriation is required for payments to 14
financial institutions. Payments must occur prior to distribution of 15
earnings set forth in subsection (4) of this section.16
(4)(a) Monthly, the state treasurer must distribute the earnings 17
credited to the investment income account to the state general fund 18
except under (b), (c), and (d) of this subsection.19
(b) The following accounts and funds must receive their 20
proportionate share of earnings based upon each account's or fund's 21
average daily balance for the period: The 24/7 sobriety account, the 22
Washington promise scholarship account, the Gina Grant Bull memorial 23
legislative page scholarship account, the Rosa Franklin legislative 24
internship program scholarship account, the Washington advanced 25
college tuition payment program account, the Washington college 26
savings program account, the accessible communities account, the 27
Washington achieving a better life experience program account, the 28
Washington career and college pathways innovation challenge program 29
account, the community and technical college innovation account, the 30
agricultural local fund, the American Indian scholarship endowment 31
fund, the behavioral health loan repayment and scholarship program 32
account, the Billy Frank Jr. national statuary hall collection fund, 33
the foster care scholarship endowment fund, the foster care endowed 34
scholarship trust fund, the contract harvesting revolving account, 35
the Washington state combined fund drive account, the commemorative 36
works account, the county 911 excise tax account, the county road 37
administration board emergency loan account, the toll collection 38
account, the developmental disabilities endowment trust fund, the 39
energy account, the energy facility site evaluation council account, 40
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the fair fund, the family and medical leave insurance account, the 1
Fern Lodge maintenance account, the fish and wildlife federal lands 2
revolving account, the natural resources federal lands revolving 3
account, the food animal veterinarian conditional scholarship 4
account, the forest health revolving account, the fruit and vegetable 5
inspection account, the educator conditional scholarship account, the 6
game farm alternative account, the GET ready for math and science 7
scholarship account, the Washington global health technologies and 8
product development account, the grain inspection revolving fund, the 9
Washington history day account, the industrial insurance rainy day 10
fund, the juvenile accountability incentive account, the law 11
enforcement officers' and firefighters' plan 2 expense fund, the 12
local tourism promotion account, the low-income home rehabilitation 13
account, the medication for people living with HIV rebate revenue 14
account, the homeowner recovery account, the multiagency permitting 15
team account, the northeast Washington wolf-livestock management 16
account, the pollution liability insurance program trust account, the 17
produce railcar pool account, the public use general aviation airport 18
loan revolving account, the regional transportation investment 19
district account, the rural rehabilitation account, the Washington 20
sexual assault kit account, the stadium and exhibition center 21
account, the youth athletic facility account, the self-insurance 22
revolving fund, the children's trust fund, the Washington horse 23
racing commission Washington bred owners' bonus fund and breeder 24
awards account, the Washington horse racing commission class C purse 25
fund account, the individual development account program account, the 26
Washington horse racing commission operating account, the life 27
sciences discovery fund, the Washington state library-archives 28
building account, the reduced cigarette ignition propensity account, 29
the center for deaf and hard of hearing youth account, the school for 30
the blind account, the Millersylvania park trust fund, the public 31
employees' and retirees' insurance reserve fund, the school 32
employees' benefits board insurance reserve fund, the public 33
employees' and retirees' insurance account, the school employees' 34
insurance account, ((the long-term services and supports trust 35
account,)) the radiation perpetual maintenance fund, the Indian 36
health improvement reinvestment account, the department of licensing 37
tuition recovery trust fund, the student achievement council tuition 38
recovery trust fund, the tuition recovery trust fund, the industrial 39
insurance premium refund account, the mobile home park relocation 40
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fund, the natural resources deposit fund, the Washington state health 1
insurance pool account, the federal forest revolving account, the 2
Washington saves administrative treasury trust account, and the 3
library operations account. 4
(c) The following accounts and funds must receive 80 percent of 5
their proportionate share of earnings based upon each account's or 6
fund's average daily balance for the period: The advance right-of-way 7
revolving fund, the advanced environmental mitigation revolving 8
account, the federal narcotics asset forfeitures account, the high 9
occupancy vehicle account, the local rail service assistance account, 10
and the miscellaneous transportation programs account.11
(d) Any state agency that has independent authority over accounts 12
or funds not statutorily required to be held in the custody of the 13
state treasurer that deposits funds into a fund or account in the 14
custody of the state treasurer pursuant to an agreement with the 15
office of the state treasurer shall receive its proportionate share 16
of earnings based upon each account's or fund's average daily balance 17
for the period. 18
(5) In conformance with Article II, section 37 of the state 19
Constitution, no trust accounts or funds shall be allocated earnings 20
without the specific affirmative directive of this section.21
Sec. 4. RCW 43.79A.040 and 2024 c 327 s 17 and 2024 c 168 s 11 22
are each reenacted and amended to read as follows:23
(1) Money in the treasurer's trust fund may be deposited, 24
invested, and reinvested by the state treasurer in accordance with 25
RCW 43.84.080 in the same manner and to the same extent as if the 26
money were in the state treasury, and may be commingled with moneys 27
in the state treasury for cash management and cash balance purposes.28
(2) All income received from investment of the treasurer's trust 29
fund must be set aside in an account in the treasury trust fund to be 30
known as the investment income account. 31
(3) The investment income account may be utilized for the payment 32
of purchased banking services on behalf of treasurer's trust funds 33
including, but not limited to, depository, safekeeping, and 34
disbursement functions for the state treasurer or affected state 35
agencies. The investment income account is subject in all respects to 36
chapter 43.88 RCW, but no appropriation is required for payments to 37
financial institutions. Payments must occur prior to distribution of 38
earnings set forth in subsection (4) of this section.39
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(4)(a) Monthly, the state treasurer must distribute the earnings 1
credited to the investment income account to the state general fund 2
except under (b), (c), and (d) of this subsection. 3
(b) The following accounts and funds must receive their 4
proportionate share of earnings based upon each account's or fund's 5
average daily balance for the period: The 24/7 sobriety account, the 6
Washington promise scholarship account, the Gina Grant Bull memorial 7
legislative page scholarship account, the Rosa Franklin legislative 8
internship program scholarship account, the Washington advanced 9
college tuition payment program account, the Washington college 10
savings program account, the accessible communities account, the 11
Washington achieving a better life experience program account, the 12
Washington career and college pathways innovation challenge program 13
account, the community and technical college innovation account, the 14
agricultural local fund, the American Indian scholarship endowment 15
fund, the behavioral health loan repayment and scholarship program 16
account, the Billy Frank Jr. national statuary hall collection fund, 17
the foster care scholarship endowment fund, the foster care endowed 18
scholarship trust fund, the contract harvesting revolving account, 19
the Washington state combined fund drive account, the commemorative 20
works account, the county 911 excise tax account, the county road 21
administration board emergency loan account, the toll collection 22
account, the developmental disabilities endowment trust fund, the 23
energy account, the energy facility site evaluation council account, 24
the fair fund, the family and medical leave insurance account, the 25
Fern Lodge maintenance account, the fish and wildlife federal lands 26
revolving account, the natural resources federal lands revolving 27
account, the food animal veterinarian conditional scholarship 28
account, the forest health revolving account, the fruit and vegetable 29
inspection account, the educator conditional scholarship account, the 30
game farm alternative account, the GET ready for math and science 31
scholarship account, the Washington global health technologies and 32
product development account, the grain inspection revolving fund, the 33
Washington history day account, the industrial insurance rainy day 34
fund, the juvenile accountability incentive account, the law 35
enforcement officers' and firefighters' plan 2 expense fund, the 36
local tourism promotion account, the low-income home rehabilitation 37
account, the medication for people living with HIV rebate revenue 38
account, the homeowner recovery account, the multiagency permitting 39
team account, the northeast Washington wolf-livestock management 40
p. 8 HB 1578
account, the produce railcar pool account, the public use general 1
aviation airport loan revolving account, the regional transportation 2
investment district account, the rural rehabilitation account, the 3
Washington sexual assault kit account, the stadium and exhibition 4
center account, the youth athletic facility account, the self-5
insurance revolving fund, the children's trust fund, the Washington 6
horse racing commission Washington bred owners' bonus fund and 7
breeder awards account, the Washington horse racing commission class 8
C purse fund account, the individual development account program 9
account, the Washington horse racing commission operating account, 10
the life sciences discovery fund, the Washington state library-11
archives building account, the reduced cigarette ignition propensity 12
account, the center for deaf and hard of hearing youth account, the 13
school for the blind account, the Millersylvania park trust fund, the 14
public employees' and retirees' insurance reserve fund, the school 15
employees' benefits board insurance reserve fund, the public 16
employees' and retirees' insurance account, the school employees' 17
insurance account, ((the long-term services and supports trust 18
account,)) the radiation perpetual maintenance fund, the Indian 19
health improvement reinvestment account, the department of licensing 20
tuition recovery trust fund, the student achievement council tuition 21
recovery trust fund, the tuition recovery trust fund, the industrial 22
insurance premium refund account, the mobile home park relocation 23
fund, the natural resources deposit fund, the Washington state health 24
insurance pool account, the federal forest revolving account, the 25
Washington saves administrative treasury trust account, and the 26
library operations account. 27
(c) The following accounts and funds must receive 80 percent of 28
their proportionate share of earnings based upon each account's or 29
fund's average daily balance for the period: The advance right-of-way 30
revolving fund, the advanced environmental mitigation revolving 31
account, the federal narcotics asset forfeitures account, the high 32
occupancy vehicle account, the local rail service assistance account, 33
and the miscellaneous transportation programs account.34
(d) Any state agency that has independent authority over accounts 35
or funds not statutorily required to be held in the custody of the 36
state treasurer that deposits funds into a fund or account in the 37
custody of the state treasurer pursuant to an agreement with the 38
office of the state treasurer shall receive its proportionate share 39
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of earnings based upon each account's or fund's average daily balance 1
for the period. 2
(5) In conformance with Article II, section 37 of the state 3
Constitution, no trust accounts or funds shall be allocated earnings 4
without the specific affirmative directive of this section.5
Sec. 5. RCW 44.44.040 and 2022 c 233 s 9 are each amended to 6
read as follows: 7
The office of the state actuary shall have the following powers 8
and duties: 9
(1) Perform all actuarial services for the department of 10
retirement systems, including all studies required by law.11
(2) Advise the legislature and the governor regarding pension 12
benefit provisions, and funding policies and investment policies of 13
the state investment board. 14
(3) Consult with the legislature and the governor concerning 15
determination of actuarial assumptions used by the department of 16
retirement systems. 17
(4) Prepare a report, to be known as the actuarial fiscal note, 18
on each pension bill introduced in the legislature which briefly 19
explains the financial impact of the bill. The actuarial fiscal note 20
shall include: (a) The statutorily required contribution for the 21
biennium and the following twenty-five years; (b) the biennial cost 22
of the increased benefits if these exceed the required contribution; 23
and (c) any change in the present value of the unfunded accrued 24
benefits. An actuarial fiscal note shall also be prepared for all 25
amendments which are offered in committee or on the floor of the 26
house of representatives or the senate to any pension bill. However, 27
a majority of the members present may suspend the requirement for an 28
actuarial fiscal note for amendments offered on the floor of the 29
house of representatives or the senate. 30
(5) Provide such actuarial services to the legislature as may be 31
requested from time to time. 32
(6) Provide staff and assistance to the committee established 33
under RCW 41.04.276. 34
(7) Provide actuarial assistance to the law enforcement officers' 35
and firefighters' plan 2 retirement board as provided in chapter 2, 36
Laws of 2003. Reimbursement for services shall be made to the state 37
actuary under RCW 39.34.130 and section 5 (5), chapter 2, Laws of 38
2003. 39
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(8) Provide actuarial assistance to the committee on advanced 1
tuition payment pursuant to chapter 28B.95 RCW, including 2
recommending a tuition unit price to the committee on advanced 3
tuition payment to be used in the ensuing enrollment period. 4
Reimbursement for services shall be made to the state actuary under 5
RCW 39.34.130. 6
(9) ((Provide actuarial assistance to the long-term services and 7
supports trust commission pursuant to chapter 50B.04 RCW. 8
Reimbursement for services shall be made to the state actuary under 9
RCW 39.34.130.10
(10))) Provide actuarial assistance, as requested by the 11
employment security department or the office of financial management, 12
to the employment security department related to the family and 13
medical leave program in Title 50A RCW. 14
NEW SECTION. Sec. 6. The following acts or parts of acts are 15
each repealed:16
(1) RCW 50B.04.010 (Definitions) and 2024 c 120 s 3, 2021 c 113 s 17
1, 2020 c 98 s 1, & 2019 c 363 s 2; 18
(2) RCW 50B.04.020 (Duties— Health care authority, department of 19
social and health services, office of the state actuary, employment 20
security department) and 2024 c 120 s 4, 2022 c 1 s 1, 2021 c 113 s 21
2, 2020 c 98 s 2, & 2019 c 363 s 3; 22
(3) RCW 50B.04.030 (Long-term services and supports trust 23
commission— Investment strategy subcommittee) and 2022 c 1 s 2, 2021 c 24
113 s 3, & 2019 c 363 s 4; 25
(4) RCW 50B.04.040 (Long-term services and supports council — 26
Benefit unit adjustment) and 2019 c 363 s 5; 27
(5) RCW 50B.04.050 (Qualified individuals) and 2024 c 120 s 5;28
(6) RCW 50B.04.055 (Exemptions— Voluntary exemptions — Criteria, 29
rules, and procedures— Discontinuing— Notification) and 2022 c 2 s 2;30
(7) RCW 50B.04.060 (Eligible beneficiaries — Determination— 31
Services and benefits) and 2024 c 120 s 6, 2022 c 1 s 4, & 2019 c 363 32
s 7; 33
(8) RCW 50B.04.070 (Payment of benefits) and 2024 c 120 s 7 & 34
2019 c 363 s 8; 35
(9) RCW 50B.04.080 (Premium assessment— Rate— Collection) and 2022 36
c 2 s 1, 2022 c 1 s 5, 2020 c 98 s 4, & 2019 c 363 s 9;37
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(10) RCW 50B.04.085 (Premium assessment — Exemptions) and 2021 c 1
113 s 5 & 2020 c 98 s 7; 2
(11) RCW 50B.04.088 (Premium assessment — Refunds for premiums 3
collected prior to July 1, 2023) and 2022 c 1 s 8; 4
(12) RCW 50B.04.090 (Election of coverage — Self-employed persons) 5
and 2022 c 1 s 6, 2021 c 113 s 6, 2020 c 98 s 5, & 2019 c 363 s 10;6
(13) RCW 50B.04.095 (Election of coverage — Federally recognized 7
tribe) and 2021 c 113 s 7; 8
(14) RCW 50B.04.100 (Long-term services and supports trust 9
account) and 2024 c 120 s 8 & 2019 c 363 s 11; 10
(15) RCW 50B.04.110 (Long-term services and supports trust 11
account— Investment— Policies) and 2019 c 363 s 12;12
(16) RCW 50B.04.120 (Appeal of determinations) and 2020 c 98 s 6 13
& 2019 c 363 s 13; 14
(17) RCW 50B.04.130 (Medicare data and waiver — Report) and 2019 c 15
363 s 14; 16
(18) RCW 50B.04.140 (Reports to legislature) and 2022 c 1 s 7 & 17
2019 c 363 s 15; 18
(19) RCW 50B.04.150 (Benefits not income or resource) and 2019 c 19
363 s 16; 20
(20) RCW 50B.04.160 (Entitlement not created) and 2019 c 363 s 21
17; 22
(21) RCW 50B.04.170 (Confidentiality of information and records) 23
and 2022 c 18 s 1; 24
(22) RCW 50B.04.180 (Out-of-state participants — Reporting— 25
Collection of wages) and 2024 c 120 s 2; 26
(23) RCW 50B.04.200 (Prohibition against discrimination) and 2024 27
c 120 s 9; 28
(24) RCW 50B.04.900 (Findings— 2019 c 363) and 2019 c 363 s 1; and29
(25) RCW 43.09.480 (Long-term services and supports trust program30
— Audit— Report) and 2019 c 363 s 18. 31
NEW SECTION. Sec. 7. Section 3 of this act expires July 1, 32
2030.33
NEW SECTION. Sec. 8. Section 4 of this act takes effect July 1, 34
2030.35
--- END ---
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