HOUSE BILL REPORT
ESHB 1849
BYHouse Committee on Health Care (originally sponsored by Representatives Cantwell, Brooks, Braddock, Silver, Bristow, Grant, Sayan, Day, Dellwo, Lewis, Winsley, Fuhrman, Moyer, Doty, D. Sommers, Brekke and Brough)
Revising the office of the state long-term care ombudsman.
House Committe on Health Care
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (10)
Signed by Representatives Braddock, Chair; Day, Vice Chair; Bristow, Brooks, Bumgarner, Cantwell, Lewis, Lux, Sprenkle and Vekich.
House Staff:Antonio Sanchez (786-7383)
AS PASSED HOUSE FEBRUARY 8, 1988
BACKGROUND:
Federal law requires all states to operate an ombudsman program to investigate and resolve complaints regarding the health, safety, welfare, and rights of residents of long-term care facilities, as well as to act as an advocate in the implementation of public policy regarding long-term care facilities, provide public education, and train volunteers to participate in ombudsman programs.
The state long-term care ombudsman program, established under state law and pursuant to the federal Older Americans Act, is currently administered by the Department of Social and Health Services. The secretary of the department is authorized to place the office in an area, within the department, that will allow it to be independent and to facilitate the ombudsman duties detailed under the Older Americans Act. The continued controversy surrounding the state ombudsman office has brought into question the ability of this office to conduct its duties effectively.
SUMMARY:
Instituting options outlined in the Older Americans Act, the Long-term Care Ombudsman program is transferred out of the Department of Social and Health Services and the state government, and placed in an autonomous entity that will conduct its duties by contract. The Department of Community Development will act as the administrator for the contracted program. The relocation of the State Long-term care program will become effective July 1, 1989.
Prior to the transfer of the program, a survey and analysis will be conducted by the House of Representatives. The survey will identify the operational and administrative components necessary for a successful contracted program. The survey must be submitted to the governor and the legislature by December 30th, 1988.
EFFECT OF SENATE AMENDMENT(S): The transfer of the long-term care ombudsman program outside of DSHS to an autonomous entity and the survey and analysis of the operational and administrative components necessary for a successful independently contracted program are eliminated.
The secretary of DSHS will provide the program with staff support in addition to housing and logistic support. It establishes a 21 person advisory commission, selected by the Governor. The advisory commission will consist of members selected from a range of vested interest groups including: the nursing home industry, local ombudsman programs, nursing home resident councils, nursing home residents family members, senior citizens, health care professionals, adult family homes, ethical and legal professionals, the general public, and area agencies on aging. The advisory commission will provide policy oversight, management direction, establish operational priorities, assure program independence, monitor program performance, ensure accountability and credibility, and identify problems in the ombudsman program.
The advisory commission will also act as an independent arbitrator should there be a difference of opinion between the Department of Social and Health Services and the long-term care Ombudsman.
Fiscal Note: Requested January 26, 1988.
House Committee ‑ Testified For: Jerry McLaughlin, Legislative Budget Committee; Bert Hoff, Legislative Budget Committee; Frank Winslow, Alzheimer's Society of Washington; Warren Easterly; Ruth Heinemann, Washington State Council for Senior Citizens; William Holman, Washington State Nursing Home Family Council; Lori Swanger, Washington State Nursing Home Family Council; Elizabeth Springer, Coalition for Association of Retired Persons, Washington State Family Nursing Home Council; Jeanne Moeller, Seattle-King County Citizen's Council; Norm DeShaw, Advocacy Committee, Senior Services of Washington.
House Committee - Testified Against: Jane Boyajia, Ombudsman, DSHS; Gary Moore, Washington Federation of State Employees.
House Committee - Testimony For: The continued controversial placement of the state long-term care ombudsman in the Department of Social and Health Services is eliminated.
House Committee - Testimony Against: Dismantling an existing office and transferring it to a new environment outside of the state is a new concept. The ramifications of this type of transfer are unknown.
VOTE ON FINAL PASSAGE:
Yeas 96; Nays 2
Voting Nay: Representatives Dellwo, King R