74.39A.520 Individual providers employed by a consumer directed employer—Consumer's right to select, schedule, supervise, or dismiss individual providers.

WA Rev Code § 74.39A.520 (2019) (N/A)

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RCW 74.39A.520 Individual providers employed by a consumer directed employer—Consumer's right to select, schedule, supervise, or dismiss individual providers.

The following provisions apply only if individual providers are employed by a consumer directed employer:

(1) Consumers and prospective consumers have the right to select, schedule, supervise the work of, and dismiss any individual provider providing services to them consistent with the consumer's plan of care.

(2) Nothing in this section modifies:

(a) The consumer directed employer's authority to:

(i) Refuse to employ an individual provider who may not be able to meet the needs of a particular consumer;

(ii) Assign an individual provider who has been dismissed by a consumer to a different consumer who has selected the individual provider;

(iii) Provide information to a consumer about an individual provider's work history as an employee of the consumer directed employer; or

(iv) Terminate the provider's employment when the individual is not meeting the needs of the consumer.

(b) The consumer's right to:

(i) Assign hours to one or more individual providers consistent with this chapter, the rules adopted under this chapter, and his or her plan of care; or

(ii) Dismiss an individual provider.

[ 2018 c 278 § 20.]

NOTES:

Findings—Intent—2018 c 278: See note following RCW 74.39A.500.

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74.39A.515 Duties of consumer directed employers that employ individual providers—Duties of area agencies on aging with respect to individual providers contracted with the department—Rule making.

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74.39A.525 Overtime criteria—Department-contracted individual providers—Individual providers employed by a consumer directed employer—Rule making—Expenditure reports—Joint legislative-executive overtime oversight task force.