SENATE BILL REPORT

                                    SB 5548

             AS REPORTED BY COMMITTEE ON HEALTH & LONG-TERM CARE,

                                 MARCH 5, 1991

Brief Description:  Changing the limitations on adult family home providers.

SPONSORS:Senators L. Smith and West.

SENATE COMMITTEE ON HEALTH & LONG‑TERM CARE

Majority Report:  That Substitute Senate Bill No. 5548 be substituted therefor, and the substitute bill do pass.

      Signed by Senators West, Chairman; L. Smith, Vice Chairman; Amondson, Johnson, L. Kreidler, Niemi, and Wojahn.

Staff:  Scott Plack (786‑7409)

Hearing Dates:February 27, 1991; March 5, 1991

BACKGROUND:

The state's adult family home licensure law (Chapter 70.128 RCW) was enacted in 1989 and requires that adult family homes be licensed by the state.  The Department of Social and Health Services (DSHS) is the administrative agency responsible for operation of the licensure program.  An adult family home is defined as a regular family abode of a person or persons who provide personal care, room and board to more than one, but not more than six adults, not related by blood or marriage to the person or persons providing the service.

Currently, an adult family home provider may be licensed to operate only one home.  This limitation was enacted to insure that homes maintain a homelike atmosphere by having the provider living on site.  The statutes do provide that DSHS may issue multiple licenses to a single provider for "good cause" as defined in rule.  The intent was to allow for the continued operation of adult family homes in existence prior to 1989.  These homes provide specialized care to select populations such as AIDS patients, traumatic brain injury patients and the developmentally disabled.

DSHS has generally interpreted the "good cause" proviso in a broad manner and has liberally issued multiple licenses to applicants.  This appears to exceed the original legislative intent.

SUMMARY:

The existing statutory provisions allowing the Department of Social and Health Services to issue multiple licenses to providers for good cause is deleted.  The department may issue multiple licenses only to providers who deliver services to AIDS patients, the developmentally disabled and traumatic brain injured adults.  No more than three licenses may be issued to a single provider.  A grandfather clause is inserted for homes licensed prior to the effective date of the act.

EFFECT OF PROPOSED SUBSTITUTE:

The department may issue multiple licenses to adult family homes providing care to AIDS patients, traumatic brain injured patients, the developmentally disabled, the chronically mentally ill and hospice patients.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

Effective Date:  The bill contains an emergency clause and takes effect immediately.

TESTIMONY FOR:

The bill limits multiple licensure of adult family only to homes providing care to special populations.  The limitations help assure that adult family homes maintain their homelike atmosphere.

TESTIMONY AGAINST:  None

TESTIFIED:  PRO:  Ivy Gratias, Jeff Larsen, Adult Licensed Family Homes of WA