HB 1200 — Authorizing payment for parental caregivers of minor children with developmental disabilities.

H-1434.1H-0412.1 SUBSTITUTE HOUSE BILL 1200 State of Washington 69th Legislature 2025 Regular Session By House Early Learning & Human Services (originally sponsored by Representatives Taylor, Low, Jacobsen, Alvarado, Ryu, Berry, Mena, Macri, Callan, Obras, Doglio, Fosse, Gregerson, Simmons, Peterson, Goodman, Wylie, Couture, Street, Pollet, Penner, Kloba, Cortes, Nance, Springer, Davis, Leavitt, Scott, Salahuddin, Stonier, and Hill)Hill READPrefiled FIRST01/08/25. TIME 02/18/25.

Read first time 01/13/25.

Referred to Committee on Early Learning & Human Services.

addingamending aRCW new71A.12.---; section to chapter 71A.12 RCW;

andadding creatingnew asections newto section.chapter 71A.12 RCW;

creating a new section;

providing an effective date;

and providing expiration dates.

Nationwide research has shown that families of children with disabilities often have to forgo income opportunities due to these p.

1 SHBHB 1200 disabilities often have to forgo income opportunities due to these care needs and that a lack of income has lasting impacts on those children.

(1) No later than January 31, 2026, and as necessary thereafter in order to comply with section 4 of this act, the administration shall submit arequests request to the centers for medicare and medicaid services for amendments to applicable developmental disabilities administration home and community-based services waivers to allow parents who provide personal care services to their minor children with developmental disabilities to receive payment for providing personal care services that qualify as extraordinary care.

(3) In implementing the authorization to pay parents for providing extraordinary care to their minor children:

2 SHBHB 1200 (a)(3) In additionimplementing to its existing rule-making authority, the administrationauthorization mayto adoptpay rulesparents for assessingproviding andextraordinary authorizing personal care hours for minors with compensated parental caregivers and other rules as necessary to complytheir withminor centerschildren: for medicare and medicaid services requirements related to payments to legally responsible individuals, such as parents;

(a) In addition to its existing rule-making authority, the administration may adopt rules for assessing and authorizing personal care hours for minors with compensated parental caregivers and other rules as necessary to comply with centers for medicare and medicaid services requirements related to payments to legally responsible individuals, such as parents;

Sec.

3.

RCW 71A.12.--- and 2025 c ...

s 2 (section 2 of this act) are each amended to read as follows:

(1) No later than January 31, 2026, and as necessary thereafter in order to comply with section 4 of this act, the administration p.

3 HB 1200 shall submit requests to the centers for medicare and medicaid services for amendments to applicable developmental disabilities administration home and community-based services waivers to allow parents who provide personal care services to their minor children with developmental disabilities to receive payment for providing personal care services that qualify as extraordinary care.

(2) If amendments as described in subsection (1) of this section are approved by the centers for medicare and medicaid services, upon receiving approval , the administration shall authorize payments to parents providing extraordinary care services to their minor children.

(3) In implementing the authorization to pay parents for providing extraordinary care to their minor children:

(a) In addition to its existing rule-making authority, the administration may adopt rules for assessing and authorizing personal care hours for minors with compensated parental caregivers and other rules as necessary to comply with centers for medicare and medicaid services requirements related to payments to legally responsible individuals, such as parents;

(b) The administration must allow parental caregivers the option to be employed as individual providers, as defined in RCW 74.39A.240, subject to the same training and oversight requirements as other individual providers who are parents of the person for whom they are providing care;

and (c) The administration may only offer personal care services hours served by parent providers as a waiver service.

All other assessed personal care services hours served by providers who are not parents must remain on the community first choice option.

(4) Nothing in this section shall be interpreted to affect the availability of personal care services hours assessed to persons who are not clients of the administration, or who are clients of the administration who are not minors, through the community first choice option.

(5) For purposes of this section:

(a) "Extraordinary care" means care provided to a minor child ((who is assessed in an E classification category or the B high classification category by the comprehensive assessment and reporting evaluation,)) that exceeds the range of activities that a legally responsible individual, such as a parent, would ordinarily perform in the household on behalf of a person without a disability or chronic p.

4 HB 1200 illness of the same age, and is necessary to assure the health and welfare of the minor child and avoid their institutionalization.

(b) "Minor child" means a person who is under the age of 18 and who is a client of the administration.

(c) "Parent" means a natural parent, an adoptive parent, a stepparent, or a legal guardian.

NEW SECTION.

Sec.

4.

A new section is added to chapter 71A.12 RCW to read as follows:

(1) The department shall make timely requests to the centers for medicare and medicaid services for any waiver amendments that are necessary to expand the authorization to pay parents for the provision of extraordinary personal care services as described in section 2 of this act in accordance with the definition of extraordinary care in section 3 of this act.

(2) This section expires July 1, 2032.

NEW SECTION.

Sec.