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PDFWAC 388-71-0888

When do the 70-hour basic training and certification requirements apply to an individual whose required basic training was previously less than 70 hours?

(1) The following individual providers must complete 70 hours of basic training and become a certified home care aide under WAC 388-71-0523:
(a) Individual providers who previously provided no more than 20 hours of nonrespite care in any calendar month for one person who is not the provider's:
(i) biological, step, or adoptive child or parent;
(ii) sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership; or
(iii) spouse or registered domestic partner and funded through the United States department of veterans' affairs home and community-based programs;
(A) who continue to work for one unrelated client whose authorized monthly hours fluctuate above 20 hours per month; or
(B) who begin to work for a second client.
(b) Individual providers who provide respite services and worked more than 300 respite hours in any calendar year;
(c) Individual providers who begin working for an unrelated client who previously only provided personal care to the provider's:
(i) biological, step, or adoptive child, or parent; or
(ii) sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership; or
(iii) spouse or registered domestic partner and funded through the United States department of veterans' affairs home and community-based programs.
(2) When an IP described in subsection (1) of this section is required to complete the 70-hour basic training and become a certified home care aide, the IP will:
(a) Have 120 days from the date of the change to complete the 70-hour basic training and 200 days from the date of the change to become certified; and
(b) Be required to complete continuing education under WAC 388-71-0990.
(3) For the purpose of this section, the date of the change means the date on which the IP:
(a) Began working for a client that is not the individual's:
(i) biological, step, or adoptive child, or parent; or
(ii) sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership; or
(iii) spouse or registered domestic partner receiving approved services funded through the United States department of veterans' affairs home and community-based programs.
(b) Exceeded 20 hours of work in one month; or
(c) Exceeded 300 respite hours in one calendar year.
(4) If an IP is required to or chooses to become a certified home care aide and completes the 70-hour training requirements under this section, the individual will be required to continue to comply with these requirements to maintain the credential and complete continuing education requirements even if:
(a) The monthly authorized hours are later reduced to 20 or fewer hours;
(b) The individual no longer works for more than one unrelated client; or
(c) The individual works 300 or fewer respite hours in a calendar year.
(5) The training and certification requirements for an individual that met the criteria in subsection (4) of this section does not apply if the individual returns to work only for the individual's:
(a) biological, step, or adoptive parent, or adult child,
(b) sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership; or
(c) spouse or registered domestic partner receiving approved services funded through the United States department of veterans' affairs home and community-based programs.
[Statutory Authority: RCW 18.88B.021, 18.88B.041, 18.88B.060, 74.08.090, 74.39A.076, and 74.39A.341. WSR 24-05-003, § 388-71-0888, filed 2/8/24, effective 3/10/24. Statutory Authority: RCW 74.08.090, 74.09.520, 43.43.832, 74.39A.270, 74.39A.056, 74.39A.074, 43.20A.710, 74.39A.525, 43.43.842, 74.39A.326, 74.39A.515, 74.39A.505, 18.88B.021, 43.43.837 and 2018 c 278. WSR 21-18-081, § 388-71-0888, filed 8/30/21, effective 10/1/21. Statutory Authority: RCW 74.08.090, 74.09.520. WSR 13-02-023, § 388-71-0888, filed 12/20/12, effective 1/20/13.]
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