FINAL BILL REPORT

SHB 2448

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.

C 278 L 20

Synopsis as Enacted

Brief Description: Concerning enhanced services facilities.

Sponsors: House Committee on Health Care & Wellness (originally sponsored by Representatives Schmick, Chambers and Cody).

House Committee on Health Care & Wellness

Senate Committee on Health & Long Term Care

Senate Committee on Behavioral Health Subcommittee to Health & Long Term Care

Background:

Enhanced Services Facility.

Enhanced services facilities provide treatment and services to persons who do not have a medical need for acute inpatient treatment and have been determined by the Department of Social and Health Services (Department) to be inappropriate for placement in other licensed facilities because of complex needs that result in behavioral and security issues. Enhanced services facilities are licensed by the Department. Washington has four licensed enhanced services facilities with 52 beds.

Enhanced services facilities may only provide services to residents who are at least 18 years old. If an enhanced services facility serves any resident under 65 years old, the facility may not have more than 16 residents. A person may be admitted to an enhanced services facility if the person:

An enhanced services facility may only admit residents whose needs can be safely and appropriately met through its staff, services, equipment, security, and building design.

Enhanced services facilities must assure that residents have several specified rights available to them. These rights include:

Long-Term Care Resident Rights.

Residents of long-term care settings have specific rights that are common across settings. The rights apply to residents of assisted living facilities, adult family homes, veterans' homes, and nursing homes. The rights cover a broad range of topics, including self-determination, communication, access to clinical records, availability of services, management of financial affairs, privacy and confidentiality of personal and clinical records, expression of grievances, visitation, and personal possessions.

Summary:

The eligibility standards for admission to an enhanced services facility are modified in several respects. The eligibility requirements related to level of care needs no longer apply to persons under the care of a substance use disorder professional. The requirements related to the type of care needs remain substantially the same, but are modified to reference "behavioral health disorders," rather than "mental health" or "substance use disorders" separately. A new eligibility requirement is established to require that the person be assessed by the Department of Social and Health Services as needing the services of an enhanced services facility. The eligibility requirements related to the person having two or more behavior- and history-related factors are updated in several ways. First, the person must have been assessed as being medically and psychiatrically stable. In addition, the seven factors for admission are modified as follows:

Terminology is updated to reflect the repealed admissions standards for enhanced services facilities.

The provision of treatment is removed from the scope of care provided by enhanced services facilities and is replaced with the provision of support or services to residents. Accordingly, references and definitions related to treatment and medical providers are removed. Each resident must receive an individualized behavior support plan, rather than treatment plan. Enhanced services facilities must have sufficient staff who are trained to provide the residents with appropriate care and support, rather than treatment. The care and support includes behavioral health support, rather than mental health and chemical dependency treatment, and supervision, rather than security. In addition, an enhanced services facility must have skilled nursing and support to acquire medical and behavioral health disorder services from local community providers, rather than have staff to provide medical or habilitative treatment at the facility.

The rights that are specific to residents of enhanced services facilities are removed and replaced with the same rights that are applicable to other long-term care settings. The Long-Term Care Ombuds is authorized to monitor enhanced services facilities to determine the extent to which their residents are able to exercise their rights.

Votes on Final Passage:

House

98

0

Senate

46

0

Effective:

June 11, 2020