wa-law.org > bill > 2023-24 > HB 2104 > Substitute Bill
(1) A budget is hereby adopted and, subject to the provisions set forth in the following sections, the several amounts specified in parts I through IX of this act, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for salaries, wages, and other expenses of the agencies and offices of the state and for other specified purposes for the fiscal biennium beginning July 1, 2023, and ending June 30, 2025, except as otherwise provided, out of the several funds of the state hereinafter named.
(1) If Initiative Measure No. 2117 is approved in the 2024 general election, upon the effective date of the measure, agencies may not obligate or expend funds from: (a) The climate investment account; (b) the climate commitment account; (c) the natural climate solutions account; and (d) the air quality and health disparities improvement account.
FOR THE HOUSE OF REPRESENTATIVES
FOR THE SENATE
FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
FOR THE OFFICE OF STATE LEGISLATIVE LABOR RELATIONS
FOR THE OFFICE OF THE STATE ACTUARY
FOR THE STATUTE LAW COMMITTEE
FOR THE OFFICE OF LEGISLATIVE SUPPORT SERVICES
FOR THE SUPREME COURT
FOR THE COMMISSION ON JUDICIAL CONDUCT
FOR THE COURT OF APPEALS
FOR THE ADMINISTRATOR FOR THE COURTS
FOR THE OFFICE OF PUBLIC DEFENSE
FOR THE OFFICE OF CIVIL LEGAL AID
FOR THE OFFICE OF THE GOVERNOR
FOR THE LIEUTENANT GOVERNOR
FOR THE PUBLIC DISCLOSURE COMMISSION
FOR THE SECRETARY OF STATE
FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
FOR THE COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS
FOR THE STATE TREASURER
FOR THE STATE AUDITOR
FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
FOR THE ATTORNEY GENERAL
FOR THE CASELOAD FORECAST COUNCIL
FOR THE DEPARTMENT OF COMMERCE—COMMUNITY SERVICES AND HOUSING
FOR THE DEPARTMENT OF COMMERCE—LOCAL GOVERNMENT
FOR THE DEPARTMENT OF COMMERCE—OFFICE OF ECONOMIC DEVELOPMENT
FOR THE DEPARTMENT OF COMMERCE—ENERGY AND INNOVATION
FOR THE DEPARTMENT OF COMMERCE—PROGRAM SUPPORT
FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
FOR THE OFFICE OF FINANCIAL MANAGEMENT
FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE WASHINGTON STATE LOTTERY
FOR THE COMMISSION ON HISPANIC AFFAIRS
FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS—OPERATIONS
FOR THE DEPARTMENT OF REVENUE
FOR THE BOARD OF TAX APPEALS
FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
FOR THE INSURANCE COMMISSIONER
FOR THE STATE INVESTMENT BOARD
FOR THE LIQUOR AND CANNABIS BOARD
FOR THE UTILITIES AND TRANSPORTATION COMMISSION
FOR THE MILITARY DEPARTMENT
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
FOR THE BOARD OF ACCOUNTANCY
FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS
FOR THE FORENSIC INVESTIGATION COUNCIL
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
FOR THE CONSOLIDATED TECHNOLOGY SERVICES AGENCY
FOR THE BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
FOR THE WASHINGTON STATE LEADERSHIP BOARD
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—MENTAL HEALTH PROGRAM
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—DEVELOPMENTAL DISABILITIES PROGRAM
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—AGING AND ADULT SERVICES PROGRAM
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—ECONOMIC SERVICES PROGRAM
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—VOCATIONAL REHABILITATION PROGRAM
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—SPECIAL COMMITMENT PROGRAM
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—PAYMENTS TO OTHER AGENCIES PROGRAM
FOR THE STATE HEALTH CARE AUTHORITY
FOR THE STATE HEALTH CARE AUTHORITY—MEDICAL ASSISTANCE
FOR THE STATE HEALTH CARE AUTHORITY—PUBLIC EMPLOYEES' BENEFITS BOARD AND EMPLOYEE BENEFITS PROGRAM
FOR THE STATE HEALTH CARE AUTHORITY—SCHOOL EMPLOYEES' BENEFITS BOARD
FOR THE STATE HEALTH CARE AUTHORITY—HEALTH BENEFIT EXCHANGE
FOR THE STATE HEALTH CARE AUTHORITY—COMMUNITY BEHAVIORAL HEALTH PROGRAM
FOR THE HUMAN RIGHTS COMMISSION
FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS
FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
FOR THE OFFICE OF INDEPENDENT INVESTIGATIONS
FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
FOR THE DEPARTMENT OF VETERANS AFFAIRS
FOR THE DEPARTMENT OF HEALTH
FOR THE DEPARTMENT OF CORRECTIONS
FOR THE DEPARTMENT OF SERVICES FOR THE BLIND
FOR THE EMPLOYMENT SECURITY DEPARTMENT
FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES—GENERAL
FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES—CHILDREN AND FAMILIES SERVICES PROGRAM
FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES—JUVENILE REHABILITATION PROGRAM
FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES—EARLY LEARNING PROGRAM
FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES—PROGRAM SUPPORT
FOR THE COLUMBIA RIVER GORGE COMMISSION
FOR THE DEPARTMENT OF ECOLOGY
FOR THE WASHINGTON POLLUTION LIABILITY INSURANCE PROGRAM
FOR THE STATE PARKS AND RECREATION COMMISSION
FOR THE RECREATION AND CONSERVATION OFFICE
FOR THE ENVIRONMENTAL AND LAND USE HEARINGS OFFICE
FOR THE CONSERVATION COMMISSION
FOR THE DEPARTMENT OF FISH AND WILDLIFE
FOR THE PUGET SOUND PARTNERSHIP
FOR THE DEPARTMENT OF NATURAL RESOURCES
FOR THE DEPARTMENT OF AGRICULTURE
FOR THE ENERGY FACILITY SITE EVALUATION COUNCIL
FOR THE DEPARTMENT OF LICENSING
FOR THE WASHINGTON STATE PATROL
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE STATE BOARD OF EDUCATION
FOR THE PROFESSIONAL EDUCATOR STANDARDS BOARD
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR GENERAL APPORTIONMENT
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—BASIC EDUCATION EMPLOYEE COMPENSATION
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR PUPIL TRANSPORTATION
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—SCHOOL FOOD SERVICES
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR SPECIAL EDUCATION PROGRAMS
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR EDUCATIONAL SERVICE DISTRICTS
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR LOCAL EFFORT ASSISTANCE
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR INSTITUTIONAL EDUCATION PROGRAMS
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR MISCELLANEOUS—EVERY STUDENT SUCCEEDS ACT
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—EDUCATION REFORM PROGRAMS
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR TRANSITIONAL BILINGUAL PROGRAMS
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR THE LEARNING ASSISTANCE PROGRAM
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—PER PUPIL ALLOCATIONS
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR CHARTER SCHOOLS
FOR THE OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR THE WASHINGTON STATE CHARTER SCHOOL COMMISSION
FOR THE OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR GRANTS AND PASS THROUGH FUNDING
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR TRANSITION TO KINDERGARTEN PROGRAMS
FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
FOR THE UNIVERSITY OF WASHINGTON
FOR WASHINGTON STATE UNIVERSITY
FOR EASTERN WASHINGTON UNIVERSITY
FOR CENTRAL WASHINGTON UNIVERSITY
FOR THE EVERGREEN STATE COLLEGE
FOR WESTERN WASHINGTON UNIVERSITY
FOR THE STUDENT ACHIEVEMENT COUNCIL—POLICY COORDINATION AND ADMINISTRATION
FOR THE STUDENT ACHIEVEMENT COUNCIL—OFFICE OF STUDENT FINANCIAL ASSISTANCE
FOR THE WORKFORCE TRAINING AND EDUCATION COORDINATING BOARD
FOR THE STATE SCHOOL FOR THE BLIND
FOR THE WASHINGTON CENTER FOR DEAF AND HARD OF HEARING YOUTH
FOR THE WASHINGTON STATE ARTS COMMISSION
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
FOR THE OFFICE OF FINANCIAL MANAGEMENT—INFORMATION TECHNOLOGY INVESTMENT POOL
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT SUBJECT TO THE DEBT LIMIT
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES
FOR THE OFFICE OF FINANCIAL MANAGEMENT—GOVERNOR'S EMERGENCY FUNDING
FOR SUNDRY CLAIMS
FOR THE OFFICE OF FINANCIAL MANAGEMENT—ANDY HILL CANCER RESEARCH ENDOWMENT FUND MATCH TRANSFER ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—LANDLORD MITIGATION PROGRAM ACCOUNT
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS—CONTRIBUTIONS TO RETIREMENT SYSTEMS
FOR THE WASHINGTON STUDENT ACHIEVEMENT COUNCIL—RURAL JOBS PROGRAM MATCH TRANSFER ACCOUNT
FOR THE WASHINGTON STUDENT ACHIEVEMENT COUNCIL—OPPORTUNITY SCHOLARSHIP MATCH TRANSFER ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—HOME VISITING SERVICES ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—WASHINGTON STATE LEADERSHIP BOARD ACCOUNT
FOR THE STATE TREASURER—COUNTY CLERK LEGAL FINANCIAL OBLIGATION GRANTS
FOR THE OFFICE OF FINANCIAL MANAGEMENT—CRIME VICTIM AND WITNESS ASSISTANCE ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—SKELETAL HUMAN REMAINS ASSISTANCE ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—SURGICAL SMOKE EVACUATION ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—WASHINGTON STATE LIBRARY OPERATIONS ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—WASHINGTON COLLEGE SAVINGS PROGRAM ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—QUENDALL TERMINALS SUPERFUND SITE ON LAKE WASHINGTON
FOR THE OFFICE OF FINANCIAL MANAGEMENT—HEALTH CARE AFFORDABILITY ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—AGRICULTURAL PEST AND DISEASE RESPONSE ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—DOWN PAYMENT ASSISTANCE ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—LEGISLATIVE ORAL HISTORY ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—CLIMATE INVESTMENT ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—CLIMATE COMMITMENT ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—NATURAL CLIMATE SOLUTIONS ACCOUNT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—AIR QUALITY AND HEALTH DISPARITIES IMPROVEMENT ACCOUNT
COMPENSATION—UPDATED PEBB RATE—INSURANCE BENEFITS
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS—CONTRIBUTIONS TO RETIREMENT SYSTEMS—PERS AND TRS PLAN 1 BENEFIT INCREASE
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS—CONTRIBUTIONS TO RETIREMENT SYSTEMS—DSHS COMPETENCY RESTORATION/PSERS
COMPENSATION—BODY-WORN CAMERA COMPENSATION—NONREPRESENTED EMPLOYEES
COLLECTIVE BARGAINING AGREEMENT—DFW SERGEANTS ASSOCIATION/TEAMSTERS 760 BODY-WORN CAMERA MOU
COLLECTIVE BARGAINING AGREEMENT—FISH AND WILDLIFE ENFORCEMENT OFFICERS GUILD BODY-WORN CAMERA MOU
FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES—SOCIAL SERVICE SPECIALIST HOME VISITS
COLLECTIVE BARGAINING AGREEMENT—CENTRAL WASHINGTON UNIVERSITY—POLICE/TEAMSTERS
COLLECTIVE BARGAINING AGREEMENT—WASHINGTON STATE UNIVERSITY—ACADEMIC EMPLOYEES
CANNABIS REVENUE DISTRIBUTIONS FOR COMPENSATION ADJUSTMENTS
CANNABIS REVENUES FOR CENTRAL SERVICES ADJUSTMENTS
FOR THE OFFICE OF FINANCIAL MANAGEMENT—SECRETARY OF STATE ARCHIVES AND RECORDS MANAGEMENT
FOR THE OFFICE OF FINANCIAL MANAGEMENT—STATE AUDITOR AUDIT SERVICES
FOR THE OFFICE OF FINANCIAL MANAGEMENT—OFFICE OF ATTORNEY GENERAL LEGAL SERVICES
FOR THE OFFICE OF FINANCIAL MANAGEMENT—ADMINISTRATIVE HEARINGS
FOR THE OFFICE OF FINANCIAL MANAGEMENT—CONSOLIDATED TECHNOLOGY SERVICES CENTRAL SERVICES
FOR THE OFFICE OF FINANCIAL MANAGEMENT—DEPARTMENT OF ENTERPRISE SERVICES CENTRAL SERVICES
FOR THE OFFICE OF FINANCIAL MANAGEMENT—OFFICE OF FINANCIAL MANAGEMENT CENTRAL SERVICES
FOR THE OFFICE OF FINANCIAL MANAGEMENT—OFFICE OF THE GOVERNOR CENTRAL SERVICES
FOR THE STATE TREASURER—STATE REVENUES FOR DISTRIBUTION
FOR THE STATE TREASURER—FOR THE COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT
FOR THE STATE TREASURER—MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT
FOR THE STATE TREASURER—TRANSFERS
COLLECTIVE BARGAINING AGREEMENTS
COMPENSATION—REPRESENTED EMPLOYEES—HEALTH CARE COALITION—INSURANCE BENEFITS
COMPENSATION—SCHOOL EMPLOYEES—INSURANCE BENEFITS
COMPENSATION—PENSION CONTRIBUTIONS
The Washington state missing and murdered indigenous women and people task force is established.
(1) The consolidated climate account is created in the custody of the state treasurer. The account is subject to allotment procedures under chapter 43.88 RCW. Except as provided in subsection (2) of this section, the account is subject to appropriation. Expenditures from the account may be used only for purposes allowed in the following accounts as they exist on December 1, 2024: (a) The climate investment account; (b) the climate commitment account; (c) the natural climate solutions account; and (d) the air quality and health disparities improvement account.
(1) Except as provided in subsection (2) of this section, all law enforcement personnel, except volunteers, and reserve officers whether paid or unpaid, initially employed on or after January 1, 1978, shall engage in basic law enforcement training which complies with standards adopted by the commission pursuant to RCW 43.101.080. For personnel initially employed before January 1, 1990, such training shall be successfully completed during the first fifteen months of employment of such personnel unless otherwise extended or waived by the commission and shall be requisite to the continuation of such employment. Personnel initially employed on or after January 1, 1990, shall commence basic training during the first six months of employment unless the basic training requirement is otherwise waived or extended by the commission. Successful completion of basic training is requisite to the continuation of employment of such personnel initially employed on or after January 1, 1990.
The corrections personnel of the state and all counties and municipal corporations initially employed on or after January 1, 1982, shall engage in basic corrections training which complies with standards adopted by the commission. The standards adopted must provide for basic corrections training of at least ten weeks in length for any corrections officers subject to the certification requirement under RCW 43.101.095 who are hired on or after July 1, 2021, or on an earlier date set by the commission. The training shall be successfully completed during the first six months of employment of the personnel, unless otherwise extended or waived by the commission, and shall be requisite to the continuation of employment.
The commission shall provide the training required in this section, together with facilities, supplies, materials, and the room and board for noncommuting attendees, except during the 2021-2023 fiscal biennium, and during fiscal year 2025, when the employing county, municipal corporation, or state agency shall reimburse the commission for twenty-five percent of the cost of training its personnel.
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Subsections (1) and (2) of this section do not apply to the Washington state department of corrections prisons division. The Washington state department of corrections is responsible for identifying training standards, designing curricula and programs, and providing the training for those corrections personnel employed by it. In doing so, the secretary of the department of corrections shall consult with staff development experts and correctional professionals both inside and outside of the agency, to include soliciting input from labor organizations.
The commission and the department of corrections share the responsibility of developing and defining training standards and providing training for community corrections officers employed within the community corrections division of the department of corrections.
Tribal police officers and employees who are engaged in law enforcement activities and who do not qualify as "criminal justice personnel" or "law enforcement personnel" under RCW 43.101.010 shall be provided training under this chapter if: (1) The tribe is recognized by the federal government, and (2) except during fiscal year 2025, tribal agencies with tribal officer certification agreements with the commission under RCW 43.101.157 shall reimburse the commission for 25 percent of the cost of training its personnel. Tribes without current written tribal officer certification agreements with the commission shall pay to the commission the full cost of providing such training. The commission shall place all money received under this section into the criminal justice training account.
(1)(a) The climate investment account is created in the state treasury. Except as otherwise provided in chapter 316, Laws of 2021, all receipts from the auction of allowances authorized in this chapter must be deposited into the account. Moneys in the account may be spent only after appropriation.
The department shall prepare, post on the department website, and submit to the appropriate committees of the legislature an annual report that identifies all distributions of moneys from the accounts created in RCW 70A.65.240 through 70A.65.280.
The report must identify, at a minimum, the recipient of the funding, the amount of the funding, the purpose of the funding, the actual end result or use of the funding, whether the project that received the funding produced any verifiable reduction in greenhouse gas emissions or other long-term impact to emissions, and if so, the quantity of reduced greenhouse gas emissions, the cost per carbon dioxide equivalent metric ton of reduced greenhouse gas emissions, and a comparison to other greenhouse gas emissions reduction projects in order to facilitate the development of cost-benefit ratios for greenhouse gas emissions reduction projects.
The department shall require by rule that recipients of funds from the accounts created in RCW 70A.65.240 through 70A.65.280 report to the department, in a form and manner prescribed by the department, the information required for the department to carry out the department's duties established in this section.
The department shall update its website with the information described in subsection (2) of this section as appropriate but no less frequently than once per calendar year.
The department shall submit its report to the appropriate committees of the legislature with the information described in subsection (2) of this section no later than September 30 of each year. For fiscal year 2025, the report must be submitted no later than November 30, 2024.
The legislature recognizes that staff and resources needed to adequately care for individuals with cognitive or behavioral impairments is not limited to support for activities of daily living. Therefore, the department shall:
Employ the resource utilization group IV case mix classification methodology. The department shall use the fifty-seven group index maximizing model for the resource utilization group IV grouper version MDS 3.05, but in fiscal year 2025 the department may revise or update the methodology used to establish case mix classifications to reflect advances or refinements in resident assessment or classification, as made available by the federal government. The department may adjust by no more than thirteen percent the case mix index for resource utilization group categories beginning with PA1 through PB2 to any case mix index that aids in achieving the purpose and intent of RCW 74.39A.007 and cost‑efficient care, excluding behaviors, and allowing for exceptions for limited placement options; and
Implement minimum data set 3.0 under the authority of this section. The department must notify nursing home contractors twenty-eight days in advance the date of implementation of the minimum data set 3.0. In the notification, the department must identify for all semiannual rate settings following the date of minimum data set 3.0 implementation a previously established semiannual case mix adjustment established for the semiannual rate settings that will be used for semiannual case mix calculations in direct care until minimum data set 3.0 is fully implemented.
The department is authorized to adjust upward the weights for resource utilization groups BA1-BB2 related to cognitive or behavioral health to ensure adequate access to appropriate levels of care.
A default case mix group shall be established for cases in which the resident dies or is discharged for any purpose prior to completion of the resident's initial assessment. The default case mix group and case mix weight for these cases shall be designated by the department.
A default case mix group may also be established for cases in which there is an untimely assessment for the resident. The default case mix group and case mix weight for these cases shall be designated by the department.
From individual case mix weights for the applicable quarter, the department shall determine two average case mix indexes for each medicaid nursing facility, one for all residents in the facility, known as the facility average case mix index, and one for medicaid residents, known as the medicaid average case mix index.
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In calculating a facility's two average case mix indexes for each quarter, the department shall include all residents or medicaid residents, as applicable, who were physically in the facility during the quarter in question based on the resident assessment instrument completed by the facility and the requirements and limitations for the instrument's completion and transmission (January 1st through March 31st, April 1st through June 30th, July 1st through September 30th, or October 1st through December 31st).
The facility average case mix index shall exclude all default cases as defined in this chapter. However, the medicaid average case mix index shall include all default cases.
Both the facility average and the medicaid average case mix indexes shall be determined by multiplying the case mix weight of each resident, or each medicaid resident, as applicable, by the number of days, as defined in this section and as applicable, the resident was at each particular case mix classification or group, and then averaging.
In determining the number of days a resident is classified into a particular case mix group, the department shall determine a start date for calculating case mix grouping periods as specified by rule.
The cut-off date for the department to use resident assessment data, for the purposes of calculating both the facility average and the medicaid average case mix indexes, and for establishing and updating a facility's direct care component rate, shall be one month and one day after the end of the quarter for which the resident assessment data applies.
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Although the facility average and the medicaid average case mix indexes shall both be calculated quarterly, the cost-rebasing period facility average case mix index will be used throughout the applicable cost-rebasing period in combination with cost report data as specified by RCW 74.46.561, to establish a facility's allowable cost per case mix unit. To allow for the transition to minimum data set 3.0 and implementation of resource utilization group IV for July 1, 2015, through June 30, 2016, the department shall calculate rates using the medicaid average case mix scores effective for January 1, 2015, rates adjusted under RCW 74.46.485(1)(a), and the scores shall be increased each six months during the transition period by one-half of one percent. The July 1, 2016, direct care cost per case mix unit shall be calculated by utilizing 2014 direct care costs, patient days, and 2014 facility average case mix indexes based on the minimum data set 3.0 resource utilization group IV grouper 57. Otherwise, a facility's medicaid average case mix index shall be used to update a nursing facility's direct care component rate semiannually.
Except during the 2021-2023 fiscal biennium, the facility average case mix index used to establish each nursing facility's direct care component rate shall be based on an average of calendar quarters of the facility's average case mix indexes from the four calendar quarters occurring during the cost report period used to rebase the direct care component rate allocations as specified in RCW 74.46.561.
Except during fiscal year 2025, the medicaid average case mix index used to update or recalibrate a nursing facility's direct care component rate semiannually shall be from the calendar six-month period commencing nine months prior to the effective date of the semiannual rate. For example, July 1, 2010, through December 31, 2010, direct care component rates shall utilize case mix averages from the October 1, 2009, through March 31, 2010, calendar quarters, and so forth.
The department shall establish a methodology to use the case mix to set the direct care component rate in fiscal year 2025.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.