(1) If a consumer directed employer employs individual providers, the consumer directed employer shall:

(a) Provide assistance to consumers and prospective consumers in finding individual providers and prospective individual providers through the operation of a referral registry of individual providers and prospective individual providers.

(b) Before placing an individual provider or prospective individual provider on the referral registry, determine that the individual provider or prospective individual provider:

(i) Has met the minimum requirements for training under RCW 74.39A.051 and 74.39A.074;

(ii) Has satisfactorily completed a background check within the prior twelve months; and

(iii) Is not listed on any state or federal registry described in RCW 74.39A.056 or on other registries maintained by the department.

(c) Remove from the referral registry any individual provider or prospective individual provider who does not meet the qualifications set forth in this subsection (1) or whose employment as an individual provider has been terminated based on good cause.

(d) Provide routine, emergency, and respite referrals of individual providers and prospective individual providers to consumers and prospective consumers who are authorized to receive long-term in-home care services through an individual provider.

(e) Not allow an individual provider to provide services to a consumer without the consumer's consent.

(2) The department shall perform the activities under subsection (1) of this section if the department has not transitioned the responsibilities under this section to a consumer directed employer.

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

Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.

Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.