AN ACT Relating to the long-term care ombudsman; amending RCW 43.190.020, 43.190.030, 43.190.070, and 43.190.100; creating new sections; and repealing RCW 43.190.120.

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

Sec. 1. Section 2, chapter 290, Laws of 1983 and RCW 43.190.020 are each amended to read as follows:

As used in this chapter, "long-term care facility" means any of the following which provide services to persons sixty years of age and older and is:

(1) A facility which:

(a) Maintains and operates twenty-four hour skilled nursing services for the care and treatment of chronically ill or convalescent patients, including mental, emotional, or behavioral problems, mental retardation, or alcoholism;

(b) Provides supportive, restorative, and preventive health services in conjunction with a socially oriented program to its residents, and which maintains and operates twenty-four hour services including board, room, personal care, and intermittent nursing care. "Long-term health care facility" includes nursing homes, skilled nursing facilities, and intermediate care facilities, but does not include acute care hospital or other licensed facilities except for that distinct part of the hospital or facility which provides nursing home, skilled nursing facility, or intermediate care facility services.

(2) Any family home, group care facility, or similar facility determined by the secretary of social and health services, for twenty-four hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

(3) Any swing bed in an acute care facility.

Sec. 2. Section 3, chapter 290, Laws of 1983 and RCW 43.190.030 are each amended to read as follows:

(1) There is created within the ((~~department of social and health services~~)) office of the insurance commissioner the office of the state long-term care ombudsman. ((~~The secretary shall place the office in an area within the department which will enable the office to fully carry out the purposes of this chapter.~~)) The ((~~secretary~~)) insurance commissioner shall ensure that all program and staff support necessary to enable the ombudsman to effectively protect the interests of residents, patients, and clients of all long-term care facilities is made available to the ombudsman to the extent authorized by RCW 43.190.120.

(2) The state ombudsman shall have the following powers and duties:

(a) To provide services for coordinating the activities of long-term care ombudsmen throughout the state;

(b) Carry out such other activities as the ((~~secretary~~)) insurance commissioner deems appropriate;

(c) Establish procedures consistent with RCW 43.190.110 for appropriate access by long-term care ombudsmen to long-term care facilities and patients' records, including procedures to protect the confidentiality of the records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of the complainant or resident, or upon court order;

(d) Establish a state-wide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems, with provision for submission of such data to the office of the insurance commissioner, the department of social and health services, and to the federal department of health and human services, or its successor agency, on a regular basis; and

(e) Establish procedures to assure that any files maintained by ombudsman programs shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless:

(i) Such complainant or resident, or the complainant's or resident's legal representative, consents in writing to such disclosure; or

(ii) Such disclosure is required by court order.

Sec. 3. Section 7, chapter 290, Laws of 1983 and RCW 43.190.070 are each amended to read as follows:

(1) The office of the state long-term care ombudsman shall develop referral procedures for all long-term care ombudsman programs to refer any complaint to any appropriate state or local government agency. The ((~~department of social and health services~~)) office of the insurance commissioner shall act as quickly as possible on any complaint referred to them by a long-term care ombudsman.

(2) The ((~~department of social and health services~~)) office of the insurance commissioner shall respond to any complaint against a long-term care facility which was referred to it by a long-term care ombudsman and shall forward to that ombudsman a summary of the results of the investigation and action proposed or taken.

Sec. 4. Section 10, chapter 290, Laws of 1983 and RCW 43.190.100 are each amended to read as follows:

The office shall prepare and submit by January 1 of each year a report on the operations of the office to the governor, the legislature, the federal commissioner on aging, any area agencies on aging, and the department of social and health services. The report shall include information on complaints and conditions in long-term care facilities and may include recommendations for policy and program changes and appropriate supporting data.

NEW SECTION. Sec. 5. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services pertaining to the long-term care ombudsman shall be delivered to the custody of the office of the insurance commissioner for the long-term care ombudsman. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services pertaining to the long-term care ombudsman shall be made available to the office of the insurance commissioner for the long-term care ombudsman. All funds, credits, or other assets held by the department of social and health services pertaining to the long-term care ombudsman shall be assigned to the office of the insurance commissioner for the long-term care ombudsman.

Any appropriations made to the department of social and health services pertaining to the long-term care ombudsman shall, on the effective date of this act, be transferred and credited to the office of the insurance commissioner for the long-term care ombudsman.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 6. All classified employees of the department of social and health services pertaining to the long-term care ombudsman are transferred to the jurisdiction of the office of the insurance commissioner for the long-term care ombudsman. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the insurance commissioner for the long-term care ombudsman to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 7. All rules and all pending business before the department of social and health services pertaining to the long-term care ombudsman shall be continued and acted upon by the office of the insurance commissioner for the long-term care ombudsman. All existing contracts and obligations shall remain in full force and shall be performed by the office of the insurance commissioner for the long-term care ombudsman.

NEW SECTION. Sec. 8. The transfer of the powers, duties, functions, and personnel of the department of social and health services pertaining to the long-term care ombudsman shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 9. If apportionments of budgeted funds are required because of the transfers directed by sections 5 through 8 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 10. Nothing contained in sections 5 through 9 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 11. Section 12, chapter 290, Laws of 1983 and RCW 43.190.120 are each repealed.