Wash. Rev. Code » Title 74 · Chapter 74.09
Revised Code of Washington

Wash. Rev. Code § 74.09.120 (2026)

✓ current as of May 2026
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(1) The department shall purchase nursing home care by contract and payment for the care shall be in accordance with the provisions of chapter 74.46 RCW and rules adopted by the department. No payment shall be made to a nursing home which does not permit inspection by the authority and the department of every part of its premises and an examination of all records, including financial records, methods of administration, general and special dietary programs, the disbursement of drugs and methods of supply, and any other records the authority or the department deems relevant to the regulation of nursing home operations, enforcement of standards for resident care, and payment for nursing home services.
(2) The department may purchase nursing home care by contract in veterans' homes operated by the state department of veterans affairs and payment for the care shall be in accordance with the provisions of chapter 74.46 RCW and rules adopted by the department under the authority of RCW 74.46.800.
(3) The department may purchase care in institutions for persons with intellectual disabilities, also known as intermediate care facilities for persons with intellectual disabilities. The department shall establish rules for reasonable accounting and reimbursement systems for such care. Institutions for persons with intellectual disabilities include licensed nursing homes, public institutions, licensed assisted living facilities with fifteen beds or less, and hospital facilities certified as intermediate care facilities for persons with intellectual disabilities under the federal medicaid program to provide health, habilitative, or rehabilitative services and twenty-four hour supervision for persons with intellectual disabilities or related conditions and includes in the program "active treatment" as federally defined.
(4) The department may purchase care in institutions for mental diseases by contract. The department shall establish rules for reasonable accounting and reimbursement systems for such care. Institutions for mental diseases are certified under the federal medicaid program and primarily engaged in providing diagnosis, treatment, or care to persons with mental diseases, including medical attention, nursing care, and related services.
(5) Both the department and the authority may each purchase all other services provided under this chapter or other applicable law by contract or at rates established by the department or the authority respectively.
[ 2018 c 201 s 7007; 2012 c 10 s 60; 2011 1st sp.s. c 15 s 9; 2010 c 94 s 23; 1998 c 322 s 45; 1993 sp.s. c 3 s 8; 1992 c 8 s 1; 1989 c 372 s 15; 1983 1st ex.s. c 67 s 44; 1981 2nd ex.s. c 11 s 6; 1981 1st ex.s. c 2 s 11; (1980 c 177 s 84 repealed by 1983 1st ex.s. c 67 s 48); 1975 1st ex.s. c 213 s 1; 1967 ex.s. c 30 s 1; 1959 c 26 s 74.09.120. Prior: 1955 c 273 s 13.]

Notes:

Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Application—2012 c 10: See note following RCW 18.20.010.
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Purpose—2010 c 94: See note following RCW 44.04.280.
Effective date—1993 sp.s. c 3: See note following RCW 72.36.140.
Findings—1993 sp.s. c 3: See RCW 72.36.1601.
Effective dates—1983 1st ex.s. c 67: See note following RCW 74.46.475.
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
Conflict with federal requirements and this section: RCW 74.46.840.
Notes of Decisions
Cited in 7 cases, 1980–1994 · leading case: Multicare Med. Ctr. v. Dep't of Soc. & Health Servs., 790 P.2d 124 (Wash. 1990).
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Multicare Med. Ctr. v. Dep't of Soc. & Health Servs., 790 P.2d 124 (Wash. 1990). · cites it 47× “The trial court invalidated the program and held that DSHS was not purchasing MI-GAU hospital care as authorized by RCW 74.09.120. We reverse. DSHS is an administrative agency of the State of Washington charged with the administration of two state-funded medical care services…”
State v. Thompson, 630 P.2d 925 (Wash. 1981). · cites it 7× “Additionally, DSHS was ordered to pay respondents specified sums of money and ordered to adjust respondents' property payments to accord with RCW 74.09.120, .580 and .590. DSHS sought direct review by this court under RAP 4.”
Caritas Servs., Inc. v. Dep't of Soc. & Health Servs., 869 P.2d 28 (Wash. 1994). · cites it 2× “We have previously held that the term "contract” as used in RCW 74.09.120 should be given its common law meaning.”
Failor's Pharmacy v. Dep't of Soc. & Health Servs., 886 P.2d 147 (Wash. 1994). · cites it 2× “Within this delegation DSHS has managed participation in the Medicaid program by requiring providers to apply for a provider number, sign a core provider agreement (Agreement), and abide by all applicable state and federal licensure requirements.”
Dep't of Soc. & Health Servs. v. Gerlack, 612 P.2d 382 (Wash. Ct. App. 1980). “Read narrowly, the proviso requires that the defaulting parent receive "public assistance moneys" for the benefit of minor dependent children.”
Pub. Hosp. Dist. No. 1 v. Dep't of Soc. & Health Servs., 712 P.2d 298 (Wash. Ct. App. 1985). “Pursuant to authority granted in RCW 74.09.120 (amended by Laws of 1980, ch.”
Clark Inst., Inc. v. Dep't of Soc. & Health Servs., 841 P.2d 54 (Wash. Ct. App. 1992). “The department shall establish regulations for reasonable nursing home accounting and reimbursement systems which recognize relevant cost related factors for department of social and health services patients .”
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