(1) The department shall facilitate a work group dedicated to expanding the long-term care workforce while continuing to recognize the importance of protecting vulnerable adults, racial equity in client choice, just compensation for unpaid care work while preserving choice for those who wish to be informal caregivers without pay, and paid services. The work group shall identify recommendations on informed choice through a process by which older adults and people with disabilities may hire a trusted individual with a criminal record that would otherwise disqualify the person from providing paid home care services under this chapter. The work group's recommendations on the informed choice process shall include:
(a) Client safety;
(b) Client direction;
(c) Racial equity;
(d) Cultural competence;
(e) Economic consequences of unpaid caregiving on caregivers and people receiving care;
(f) Categories of eligible workers (family, friend, trusted individuals, or others);
(g) Disqualifying crimes, if any;
(h) Mechanisms for consideration (attestation, petition, other); and
(i) Workforce development.
(2)(a) The work group shall consist of:
(i) Two representatives from the department;
(ii) Two representatives from community-based organizations that represent people with criminal records;
(iii) One representative from a community-based organization that represents Black communities;
(iv) Two representatives, one from the west side of the Cascade mountains and one from the east side of the Cascade mountains, from federally recognized tribes;
(v) One representative from a community-based organization that represents immigrant populations or persons of color;
(vi) Three representatives from the union representing the majority of long-term care workers in Washington;
(vii) One representative of a consumer-directed employer;
(viii) One representative of an association representing area agencies on aging in Washington;
(ix) One representative from the office of the state long-term care ombuds;
(x) One representative from the office of the state developmental disability ombuds;
(xi) One representative of an association representing medicaid home care agencies;
(xii) One representative from the Washington state attorney general's office;
(xiii) Four representatives from organizations representing seniors and individuals with physical or developmental disabilities;
(xiv) Two representatives who are current or previous consumers of personal care services and who represent the diversity of the disability community; and
(xv) Two representatives who receive unpaid care from individuals who are unable to become medicaid paid home care workers because of disqualifying convictions.
(b) The department shall invite the participation of persons with expertise in the background check process to provide advice and consultation to the work group with respect to the development of the proposed process under subsection (1) of this section.
(c) Appointments to the work group shall be made by the department. The department shall convene the meetings of the work group and serve as the facilitator.
(3) The work group shall devote at least one meeting to reviewing and analyzing racial disparities relevant to the work group's direction under subsection (1) of this section, including disparities in charges and disqualifications in providing paid home care services under this chapter.
(4) The work group must submit its recommendations to the legislature by December 1, 2022. The recommendations must include a proposed process for clients to hire a trusted individual with a criminal record. The proposed process must include a recommended communication strategy to inform older adults and people with disabilities in Washington about the process.
(5) This section expires July 1, 2023.
[ 2021 c 219 § 2.]
NOTES:
Rules—Conflict with federal requirements—2021 c 219: See notes following RCW 43.20A.715.