In November of 2022, the Adult Family Home Council (AFHC) filed an Unfair Labor Practice (ULP) complaint against the state of Washington.  The complaint was regarding the state’s failure to inform the AFHC of payments being made to AFH providers authorized
by managed care organizations (MCO).

Under RCW 41.56 the state is obligated to negotiate all rates paid to AFHs.  When the state implemented payments for behavioral health personal care through the MCOs they failed to establish rates under this section of law. The result has been a range of rates for as low as $3 a day to over $700 a day.  Additionally, the funding has been turned on and off without communicating to the provider.

In part, the intent of the ULP was to bring the state to the negotiating table. Since we filed the ULP, the state legislature got involved and
through legislative action is requiring the state to negotiate new rates to be implemented next year (July 1, 2024). Those negotiations are ongoing.

We agreed to meet with the state to see if we could reach a settlement agreement.  We have agreed to allow the current practice of authorizing rates to remain in place while we bargain the new rates for July 1, 2024. This was important to avoid any interruption of
services for current residents. Additionally, DSHS will be required to make a one-time payment of $1100 to each adult family home for each resident authorized for Behavioral Health Personal Care (service code SA389).  The list of homes that will be eligible for these payments was based on open authorizations on the date of the settlement agreement. Payments will be made no later than June 30, 2023.

Thank you To Madonna Maxaner and Maggie Mwangi for their participation in the negotiations.  If there are questions, please feel free to
contact our office.