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Home Care Quality Authority Negotiates Contract
(on your
behalf).
Were You Consulted?
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Home Care Quality Authority Negotiates Contract
by Phil Jordan
December 18, 2002
If you are a person who hires independent providers to supply you with Personal Assistance Services (PAS), here are some things you should know.
- Independent providers recently voted to organize into a labor union. They joined Service Employees International Union (SEIU).
- A new state agency called the Home Care Quality Authority (HCQA) recently negotiated a contract with that union. Because of recent changes in the law, the HCQA has the authority to represent you in those negotiations.
- The union members now get to vote on whether or not they like the contract – but you do not.
Background of the Home Care Quality Authority
The Home Care Quality Authority came into existence because of Initiative 775, a ballot initiative that was approved by the voters in 2001. I-775 allowed independent providers to form a union and created a new state agency – the HCQA – to represent PAS users in negotiations with the new union.
The HCQA began meeting earlier this year and began negotiating with the union almost immediately. Negotiations went quickly, and on October 31, 2002, the two sides agreed on a contract. Before becoming a valid contract, however, it must be ratified by the union membership. The contract has been mailed to all independent providers who now have the opportunity to approve (ratify) or reject the deal. It is likely that the providers will ratify the contract.
This has all happened very quickly, and many PAS users are baffled at how fast the negotiations went, and furious because the HCQA didn’t ask their opinion about any of the issues covered in the negotiations. Danny Cochran, a PAS user from Pasco, is upset about the approach taken by the HCQA. “The HCQA says that they want this to be a model for the country. How can this be when consumers have no say? Right now I’m mad and feel totally dependent on people who are not asking me what I need.”
Although all independent providers have been provided a copy of the contract for them to evaluate, the HCQA has not made the document readily available to PAS users. Instead they have released a summary of the contract that fails to provide specifics of the agreement. WPAS obtained a copy of the document after making a public disclosure request.
Ratifying the Contract
When the Home Care Quality Authority was being formed, people with disabilities and advocates held several meetings to develop recommendations for the new Board. One of the recommendations that was universally supported was that people who use Personal Assistance Services (PAS) should have the opportunity to vote on any contract that the HCQA negotiated with the union. Since union members are allowed to ratify the contract, it seemed fair that PAS users should have the same opportunity. In fact, because there are significant communication barriers between people with disabilities and the HCQA who represents them, it seems even more important that PAS users have the opportunity to examine, analyze, and vote on the collective bargaining agreement.
It didn't work out that way. The HCQA received a legal opinion from Mike Sellars of the Attorney General's office that employment laws were structured in such a way that would make it illegal for "management" to come to the table without the authority to make a deal (and PAS users and their representatives, the HCQA, are management in these talks).
Although there is room for lawyers to disagree with Mr. Sellars interpretation of the law, advocates suggested that instead of having a ratification vote by PAS users, the HCQA should allow an advisory vote to be taken. There would be no reason for such a vote to be in conflict with the law, and HCQA would be able to determine if they were doing a good job of representing the interests of PAS users.
When the idea of an advisory vote by PAS users was suggested, there appeared to be some interest from the Authority. In the end, however, PAS users were not given an opportunity to express their opinions about the details of the contract.
The Contract
The contract can be evaluated in two parts – the sections of the agreement that must be approved by the Legislature before becoming legally binding, and those sections that will become legal when the independent providers (IPs) ratify the contract. The Legislature must approve all the sections that will cost the state money, and this includes the sections that provide increases in pay and benefits for the IPs.
Sections of the Contract Needing Legislative Approval
The Legislature has the final say over anything in the contract that costs the state money. There is a catch, however. The Legislature cannot reduce any of the provisions of the contract – they can either approve the whole package of fiscal items, or reject them as a whole. The main points covered by the contract that require approval by the Legislature are:
| The contract provides a raise for IPs of just over $1 per hour in each of the next two years. That would raise their pay from their current hourly rate of $7.68 to $9.75 beginning in July of 2004. |
| The agreement also provides health care insurance for IPs, either in the state’s Basic Health Plan, or in a comparable plan. |
| IPs will also receive worker’s compensation, also known as L&I coverage. |
For years, disability and labor advocates have asked the Legislature to provide wage increases and benefits for IPs. After years of advocacy, last year the Legislature approved a tiny 25 cents per hour increase. The Governor vetoed that increase. Consequently, it seems unlikely that this expensive package will be approved during this upcoming Legislative session.
Sections of the Contract that Become Binding Following IP Ratification
There are many provisions in the contract that do not need Legislative approval. Several of these sections have raised concerns among PAS users.
| The contact establishes a Labor/Management Committee to engage in ongoing discussions between the HCQA and SEIU. This is not unusual in collective bargaining agreements. What is different about the Labor/Management section in this contract is that this committee can make binding changes to the contract at any time. Changes made in this committee could affect how PAS users are allowed to manage and direct their own independent provider. For PAS users who want to be involved in policy decisions negotiated by the two sides, they will need to pay attention not only to formal contract negotiations, but they will need to monitor Labor/Management discussions, too. |
| The contract establishes a Joint Committee on Training and Education that will consist of equal number of home care workers and HCQA representatives. This provision worries PAS user Kate Sheffield. She believes that people with disabilities should manage and direct the training of their caregivers. “We train the independent providers, we are the employers! I’m the only one who knows what works for me.” |
| The union (SEIU) has the right to select shop stewards for home care workers. Normally, shop stewards are elected by the union membership. However in this contract, the union has the right to appoint individuals to serve in these roles. |
| All independent providers will have to pay into the union. Many individuals who provide PAS for a family member have said that they do not want to join the union. Nobody will be forced to join SEIU, but those who choose not to join must still pay what is called a “fair share” payment. The contract seems to indicate that the amount of the fair share payment is the same as the amount that union members pay for dues. |
Reactions of People with Disabilities
Most of the reaction from people with disabilities has focused on the fact that they were not asked by the HCQA to provide their input prior to the negotiation of a contract. Danny Cochran laments that such a golden opportunity has been lost. “This should not all be about union negotiations, but about enriching the lives of consumers. If the HCQA does not give PAS users a voice, then how can they serve the consumer properly?”
Kate Sheffield was more insistent. “The HCQA needs to get out ‘in the field’ all across the state. The members need to become recognizable to people with disabilities, to go out there and find the people in their areas who are disabled. PAS users can’t always go to public forums – there is no transportation.” After a pause, she continued. “I know that the HCQA has their heart in the right place, but if they want to talk about the needs of people with disabilities, they have to have us at the table. Nothing about us without us!”
Ms. Sheffield, a former city council member from Sequim, underscored that she understood the difficulties faced by the HCQA. The Board members, five of who are current users of PAS, have a huge task and very little money or support to do that job. However, she reiterated, “Our experiences are what count, not the Authority’s impression of our experiences.”
What should be done, now?
If you want to be involved in the decision-making process of the Home Care Quality Authority, there are some ways you can make your voice heard. The HCQA has a web site, which can be found at www.hcqa.wa.gov. You can e-mail them at schafml@dshs.wa.gov, or you can call them on the phone at 360-725-2618. The fax number is 360-407-0304. For those who prefer the U.S. Mail, the address for the HCQA is as follows:
Home Care Quality Authority
640 Woodland Square Loop SE
PO Box 40940
Olympia, WA 98504
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Prior to publication, WPAS invited the Home Care Quality Authority to respond to this article.
Home Care Quality Authority Response
by Mindy Schaffner, Executive Director of the Home Care Quality Authority
December 19, 2002
The Home Care Quality Authority (HCQA) represents a wonderfully diverse group of people, including children, families, elders and Personal Assistance Services (PAS) users who hire individual providers for services. HCQA also has a consumer driven and operated board. As mentioned in Mr. Jordan’s article, the HCQA Board by law is to have at least five consumers of services on the nine-member board. However, the Washington HCQA Board is comprised of six members who receive in-home personal assistant services, and a seventh member who was involved in personal assistant services for the care of a family member. In addition, four of the board members represent organizations that are leaders in consumer interest such as the Developmental Disabilities Planning Council, Governor’s Committee on Disability Issues, Washington State Association of Area Agencies on Aging and State Council on Aging.
Consumer representation by HCQA Board members and consumer input are critical to the success of the Authority. As Mr. Jordan pointed out in his article, there are several ways that consumers can be involved with HCQA. In addition, agency staff and board members are available to speak with any interested person or group of people. Danny Cochran and Kate Sheffield who are members of the PAS-PORT Steering Committee and other members of the Steering Committee have agreed to participate in a regularly scheduled telephone conference call with the HCQA.
To address concerns expressed in Mr. Jordan’s article related to the collective bargaining agreement, the following information is provided:
| In a collective bargaining relationship, parties are at liberty to modify, add to, or remove from the collective bargaining agreement by mutual agreement of the parties. The Labor/Management Committee section reaffirms this point. If the contract had not included the Labor/Management Committee, the ability of the parties to modify or add to the contract would still exist. |
| Any action that the HCQA takes, or any collective bargaining agreement cannot be in conflict with state law. RCW 74.39A.270 states that “Consumers and prospective consumers retain the right to select, hire, supervise the work of, and terminate any individual provider providing services to them.” This basic premise cannot be changed, unless the state legislature changes the statute. The HCQA would not support any statutory change that reduces the rights of consumers. |
| The Joint Committee on Training and Education provides for consumer input. This training would not diminish, supplant, or replace the training consumers provide their individual providers. |
| The law prohibits any employer from influencing how a Union selects shop stewards. The Union alone determines how they will select shop stewards. It is not a subject for collective bargaining. |
| As a result of the collective bargaining contract, the requirement that current individual providers pay dues or not pay dues shall be determined by the voting individual providers. Individual providers hired on or after the effective date of the agreement, will be required to pay dues or fair share fees in lieu of dues. |
| “Fair share” payments are not the same as regular dues. They are computed by subtracting the Union’s percentage of costs incurred in non-representational activities on a per capita basis from the regular dues. |
The Home Care Quality Authority appreciates the invitation to respond to Mr. Jordan’s article and looks forward to working with WPAS and other interested people in improving Personal Assistance Services. If you would like to voice your suggestions, concerns or opinions, or would just like to talk to someone from the HCQA, please contact us in one of the following ways:
· Call Mindy Schaffner at 360-725-2635; or
· Fax a note to 360-407-0304; or
· Email Mindy at schafml@dshs.wa.gov or
· Visit our website at www.hcqa.wa.gov
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The Home Care Quality Authority Wants to Hear from You!
The Home Care Quality Authority is asking folks to respond to a survey to help them plan for the the future. You can fill out the survey in one of two ways:
| On-line Form |
| Print out form |
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