Dear Adult Family Home Providers,

I want to begin by acknowledging the frustration, concern, and uncertainty many of you are feeling following the Washington Supreme Court’s decision in Bolina v. AssureCare. I also recognize that these concerns come after a year of significant leadership and organizational transitions at the Adult Family Home Council.

While I cannot change what occurred before I became Interim Executive Director, I do have the responsibility, and the commitment, to lead the Council’s response moving forward with urgency, transparency, and meaningful provider involvement.

The Washington Supreme Court affirmed that the former live-in worker exemption under the Minimum Wage Act is unconstitutional as applied to live-in caregivers working in adult family homes, and the case has been remanded to Superior Court for further proceedings. Whether any payment obligations will apply retroactively or only prospectively remains unresolved.

This means critical questions remain unresolved, and the Council must be prepared to respond on multiple fronts.

The Legislature has already reached out to the Council seeking data on how many adult family homes and live-in caregivers may be affected by this ruling. At the same time, collective bargaining negotiations continue, and the 2027 legislative session is approaching. To advocate effectively, accurate provider-driven data is essential.

AFHC has developed a survey to assess:

• How many adult family homes currently use live-in caregivers.
• How many caregivers may be affected.
• The estimated impact on staffing and payroll costs.
• The potential effects on Medicaid residents, admissions, licensed beds, and home viability.
• The implications for providers if retroactive payments are ultimately required.

In the coming weeks, AFHC also expects to follow up with providers to gather detailed impact statements. These statements will be important in showing what a retroactive remedy could mean for individual homes, caregivers, Medicaid residents, and the broader long-term care system.

The Council is actively preparing to engage with legislators, the Governor’s Office, state agencies, labor partners, and the media. The goal is to advocate for a response that

protects caregivers while also recognizing that adult family homes cannot absorb significant new labor costs without adequate reimbursement and state support.

Most importantly, AFHC’s immediate responsibility is to help providers understand their obligations moving forward. AFHC will provide training and guidance to help providers identify compensable working time, distinguish between on-duty and genuinely off-duty time, properly document caregiver schedules and hours, review live-in and overnight staffing arrangements, accurately calculate minimum wage and overtime, and maintain appropriate employment and payroll records.

Please complete the survey, encourage other providers to participate, and continue sharing your questions and concerns with the Council. Your participation will help ensure that the real experiences of adult family home providers are heard and taken seriously as these decisions move forward.

Warm Regards,

Amina Teouri