H-520                _______________________________________________

 

                                                    HOUSE BILL NO. 246

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representatives Day, Vander Stoep, Brekke, Jacobsen, Lux, Unsoeld, D. Nelson, Armstrong, Dellwo, Niemi, Appelwick, Padden, Taylor, Lewis, Cole, Lundquist, May, Silver and Isaacson.

 

 

Read first time 1/25/85 and referred to Committee on Social & Health Services.

 

 


AN ACT Relating to nursing homes; amending RCW 74.42.580; and adding a new section to chapter 74.42 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 74.42 RCW to be codified after RCW 74.42.570 to read as follows:

          (1) A nursing home contracting to provide services to medicaid recipients under chapter 74.09 RCW:

          (a) Shall not require a medical assistance applicant or recipient, or their guardian or relative, as a condition of admission of the applicant or recipient, to pay any fee, deposit, or other consideration to the nursing home, including but not limited to the furnishing of an agreement which obligates another party to pay for care provided to that person;

          (b) Shall not require any applicant to the nursing home, or the applicant's guardian, as a condition of admission, to assure that the applicant is neither eligible for nor will seek public assistance for payment of nursing home care costs;

          (c) Shall establish only one list of names of persons seeking admission to the facility, which is ordered by the date of the application for admission.  All admissions to the nursing home shall be made from this list in order of application, except that:

          (i) Persons who have been discharged to a hospital and who are seeking readmission to the same nursing home from which they were previously discharged shall be given first priority for admission; and

          (ii) A nursing home may establish criteria for priority admissions based on documented medical reasons but those criteria shall not have the effect of discriminating against medical assistance recipients;

          (d) Shall not refuse to admit a medical assistance recipient unless the nursing home demonstrates that the provider cannot meet the needs of the patient; and

          (e) Shall not require a patient to leave the nursing home if the patient becomes eligible for medical assistance.

          (2) Any person who has been discriminated against as a result of violation of this section may bring an action in a court of competent jurisdiction to obtain admission to a nursing home and to recover attorney's fees and recover actual and punitive damages.

          (3) Each applicant for admission to a nursing home shall be notified of:

          (a) The right to be free from discrimination based upon receipt of or eligibility for medical assistance; and

          (b) Priority admission criteria established by the nursing home.

 

        Sec. 2.  Section 58, chapter 211, Laws of 1979 ex. sess. as amended by section 15, chapter 184, Laws of 1980 and RCW 74.42.580 are each amended to read as follows:

          The department may deny, suspend, or revoke a license or provisional license or, in lieu thereof or in addition thereto, assess monetary penalties of a civil nature pursuant to the provisions of chapter 34.04 RCW not to exceed one thousand dollars for such  violations when the department finds that the licensee, or any partner, officer, director, owner of five percent or more of the assets of the facility, or managing employee:

          (1) Failed or refused to comply with the requirements of RCW 74.42.010 through 74.42.570 or the standards and rules established by the department under RCW 74.42.010 through 74.42.570;

          (2) Was the holder of a license issued under chapter 18.51 RCW, which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled;

          (3) Has knowingly or with reason to know made a false statement of a material fact in any records required under RCW 74.42.010 through 74.42.570;

          (4) Refused to allow representatives or agents of the department to inspect all books, records, and files required to be maintained under RCW 74.42.010 through 74.42.570 or any portion of the premises of the facility;

          (5) Wilfully prevented, interfered with, or attempted to impede in any way the work of any authorized representative of the department and the lawful enforcement of any provision of RCW 74.42.010 through 74.42.570; ((or))

          (6) Wilfully prevented or interfered with any representative of the department in the preservation of evidence of any violation of any of the provisions of RCW 74.42.010 through 74.42.570 or the standards and rules adopted pursuant to RCW 74.42.010 through 74.42.570; or

          (7) Failed or refused to comply with the requirements of section 1 of this 1985 act or the rules adopted under section 1 of this 1985 act.

          The department shall adopt rules to implement and administer this section not later than January 15, 1981.