SENATE BILL REPORT
SB 6617
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As of February 2, 2008
Title: An act relating to intermediate care facilities for the mentally retarded.
Brief Description: Protecting residents of intermediate care facilities.
Sponsors: Senators Murray, Kauffman, Schoesler, McAuliffe, Marr, Kohl-Welles and Kline.
Brief History:
Committee Activity: Health & Long-Term Care: 2/04/08.
SENATE COMMITTEE ON HEALTH & LONG-TERM CARE
Staff: Rhoda Donkin (786-7465)
Background: Currently approximately 1,000 persons with developmental disabilities live in
five state-operated Residential Habilitation Centers (RHC). These are federally designated
institutions, also known as Intermediate Care Facilities for the mentally Retarded (ICFMR). They
are certified to provide care and services under Medicaid entitlement programs, the standards for
which are outlined in federal regulation. State law addresses certain liability and financial
requirements of these facilities.
The state's long-term care resident rights' laws include a range of protections for people who are
considered to be among the state's most vulnerable. These resident rights include protections for
privacy, confidentiality of medical records, specific discharge or transfer requirements, protection
against physical or chemical restraints, and requirements for financial disclosure – to name a few.
Residents in skilled nursing facilities and all other long-term care facilities are covered under
these laws. Individuals living in RHCs are not currently included in the state's resident rights'
statutes.
Summary of Bill: Residents of RHCs are included in the state's resident rights' laws. Specific rights address financial affairs, advocacy and access rights, disclosure requirements, transfer and discharge protections, and increased notification rights. The state's long-term care ombudsman may act on behalf of residents of RHCs. Residents must also be offered the least formal means available to resolve disputes.
EFFECT OF CHANGES MADE BY HEALTH & LONG-TERM CARE COMMITTEE (Proposed Substitute): Language that used the term "mentally retarded" was replaced with "persons with developmental disabilities."
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.