Freedom Foundation v. SEIU Healthcare Northwest, Training Partnership

• Decision Date: 27 August 2018
• Docket Number: 76319-9-I
• Parties: FREEDOM FOUNDATION, a Washington nonprofit organization, Appellant/Cross Respondent, v. SEIU HEALTHCARE NORTHWEST, TRAINING PARTNERSHIP, a 501(c)(3), Respondent/Cross Appellant.
• Court: Washington Court of Appeals

FREEDOM FOUNDATION, a Washington nonprofit organization, Appellant/Cross Respondent,
v.
SEIU HEALTHCARE NORTHWEST, TRAINING PARTNERSHIP, a 501(c)(3), Respondent/Cross Appellant.

No. 76319-9-I

Court of Appeals of Washington, Division 1

August 27, 2018

UNPUBLISHED OPINION

SCHINDLER, J.

The Freedom Foundation requested the Service Employees International Union Healthcare Northwest Training Partnership (Training Partnership) produce "public records" under chapter 42.56 RCW, the Public Records Act (PRA). The trial court ruled on summary judgment that the Training Partnership is not subject to the PRA and dismissed the lawsuit. Freedom Foundation appeals summary judgment dismissal of the lawsuit, denial of a CR 56(f) motion to continue the summary judgment hearing, the order granting in part and denying in part entry of protective orders, and the order granting the motion to seal.^[1] The Training Partnership cross appeals the denial of attorney fees and sanctions under CR 11 and RCW 4.84.185.^[2] We affirm.

In-Home Care Service Providers

Congress established the Medicaid program under Title XIX of the Social Security Act, 42 U.S.C. §§ 301-1397mm. The federal Medicaid program funds state programs that provide in-home care services to individuals who would otherwise require admission to a hospital, nursing, or intermediate care facility. 42 U.S.C. § 1396n(c)(1). "States design and administer their Medicaid programs within broad federal guidelines." Caritas Servs.. Inc. v. Dep't of Soc. & Health Servs., 123 Wn.2d 391, 396, 869 P.2d 28 (1994) (citing 42 U.S.C. § 1396a(a); 42 C.F.R. § 403.304(b)(1)).

To receive Medicaid funding, federal law requires a state to adopt a program that compensates in-home care service providers and ensures the providers meet a minimum set of qualifications and requirements. 42 U.S.C. § 1396n(c)(1); see also 42 C.F.R. §§ 440.180, 441.300-.310.

In 1989, the Washington State Legislature adopted chapter 74.39 RCW, "Long-Term Care Service Options." Laws of 1989, ch. 427. As RCW 74.39.020 states, the Medicaid program, Title XIX of the federal Social Security Act, allows states "to increase federal funds available to provide community-based long-term care services to functionally disabled persons in their homes, and in noninstitutional residential facilities, such as adult family homes and congregate care facilities." An express purpose of chapter 74.39 RCW is to "[e]stablish a balanced range of community-based health, social, and supportive services that deliver long-term care services to chronically, functionally disabled persons of all ages." Former RCW 74.39.005(1) (1989). The statute established a "long-term care commission" to "develop legislation and recommend administrative actions" necessary to achieve long-term care reforms, including "[p]ublic and private alternative funding for long-term care services, such as federal Title XIX funding of personal care services." Former RCW 74.39.040(2)(g) (1989).

In 1993, Washington enacted chapter 74.39A RCW, "Long-Term Care Services Options-Expansion." Laws of 1993, ch. 508. The legislative findings state, in pertinent part:

The legislature finds that the aging of the population and advanced medical technology have resulted in a growing number of persons who require assistance

The legislature further finds that the public interest would best be served by a broad array of long-term care services that support persons who need such services at home or in the community whenever practicable and that promote individual autonomy, dignity, and choice

Former RCW 74.39A.005 (1993).

The purpose of chapter 74.39A RCW, Long-Term Care Services Options- Expansion, is to provide "a balanced array of health, social, and supportive services that promote individual choice, dignity, and the highest practicable level of independence," and that "[h]ome and community-based services be developed, expanded, or maintained in order to meet the needs of consumers and to maximize effective use of limited resources." RCW74.39A.007(1), (2). RCW 74.39A.007 designates the Department of Social and Health Services (DSHS) to administer the long-term care services program.

Engrossed Second Substitute House Bill 2284

In 2007, the legislature passed Engrossed Second Substitute House Bill (ESSHB) 2284, "AN ACT Relating to the training of and collective bargaining over the training of care providers." Engrossed Second Substitute H.B. 2284, at 1, 60th Leg., Reg. Sess. (Wash. 2007).

ESSHB 2284 defined "long-term care workers" as follows:

"Long-term care workers" includes all persons who are long-term care workers for the elderly or persons with disabilities, including but not limited to individual providers of home care services, direct care employees of home care agencies, providers of home care services to persons with developmental disabilities under Title 71 RCW all direct care workers in state-licensed boarding homes, assisted living facilities, and adult family homes, respite care providers, community residential service providers, and any other direct care worker providing home or community-based services to the elderly or persons with functional disabilities or developmental disabilities.

Engrossed Second Substitute H.B. 2284, at 7 (codified at former RCW 74.39A.009(H)(a)(2007)).^[3]

ESSHB 2284 established training requirements for all long-term care workers. Former RCW 74.39A.330, .340, .350 (2007). ESSHB 2284 required all long-term care workers to receive "on-the-job training or peer mentorship for at least one hour per week in the first ninety days of work." Former RCW 74.39A.330. ESSHB 2284 required all long-term care workers to "complete twelve hours of continuing education training in advanced training topics each year." Former RCW 74.39A.340.

ESSHB 2284 designated individual providers as "public employees" solely for purposes of collective bargaining. RCW 74.39A.270(1). ESSHB 2284 designates the governor as the "public employer" of individual providers represented by an exclusive bargaining agent for purposes of collective bargaining. RCW 74.39A.270(1). ESSHB 2284 authorizes the state of Washington (State) to engage in collective bargaining on behalf of individual providers over state contributors to the training partnership:

At the request of the exclusive bargaining representative, the governor or the governor's designee appointed under chapter 41.80 RCW shall engage in collective bargaining, as defined in RCW 41.56.030(4), with the exclusive bargaining representative over employer contributions to the training partnership for the costs of: (a) Meeting all training and peer mentoring required under this chapter; and (b) other training intended to promote the career development of individual providers.

Former RCW 74.39A.270(7) (2007).

ESSHB 2284 states all training and peer mentoring under chapter 74.39A RCW for all in-home care providers represented by a union "shall be provided by a training partnership" designated by the bargaining representative with contributions to begin July 1, 2009. Former RCW 74.39A.360 (2007).

Beginning January 1, 2010, for individual providers represented by an exclusive bargaining representative under RCW 74.39A.270, all training and peer mentoring required under this chapter shall be provided by a training partnership. Contributions to the partnership pursuant to a collective bargaining agreement negotiated under this chapter shall be made beginning July 1, 2009. The training partnership shall provide reports as required by the department verifying that all individual providers have complied with all training requirements. The exclusive bargaining representative shall designate the training partnership.

Former RCW 74.39A.360.

ESSHB 2284 states a "training partnership" is a joint partnership established by or maintained by the office of the governor and the exclusive bargaining representative of individual providers. Former RCW 74.39A.009(14). Former RCW 74.39A.009(14) states:

"Training partnership" means a joint partnership or trust established and maintained jointly by the office of the governor and the exclusive bargaining representative of individual providers ... to provide training, peer mentoring, and examinations required under this chapter.

ESSHB 2284 also established a "joint legislative and executive task force" to "evaluate current training requirements for long-term care workers" and make recommendations on "the appropriate number of basic training hours, the content of basic training curricula, and the development of criteria associated with certification of new long-term care workers" by December 1, 2007. Engrossed Second Substitute H.B. 2284, at 1, 4, 5.^[4] The "Long-Term Care Worker Training Development Workgroup" met in August and September of 2007. Task force members included a state house representative, DSHS, Catholic Community Services, Eagle Health, Addus Healthcare, and Service Employees International Union (SEIU) 775.

2007-2009 Collective Bargaining Agreement between the State and SEIU 775

In 2007, the State negotiated the first collective bargaining agreement (CBA) with SEIU 775, the exclusive representative for individual providers of in-home care services. The July 1, 2007 to June 30, 2009 CBA states the parties agreed to "establish a Joint Committee on Training and Education" to "develop a proposal for a joint training and education partnership fund for the purpose of conducting training ... for independent providers covered under this Agreement."

2007 SEIU Healthcare Northwest Partnership

On November 20, 2007, SEIU 775 and three private in-home care service provider employers, Chesterfield Health Services, Korean Women's Association, and Unique Services, formed a multi-employer benefit plan. The "Plan Agreement and Declaration of Trust" (Agreement) created...