BP BHEAD INT H

AN ACT Relating to hospital regulation and inspection; amending RCW 70.41.030, 70.41.040, 70.41.120, and 74.42.600; adding a new section to chapter 70.41 RCW; and creating a new section.

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

Sec. 1. RCW 70.41.030 and 1989 c 175 s 127 are each amended to read as follows:

The department shall establish and adopt such minimum standards and rules pertaining to the construction, maintenance, and operation of hospitals, and rescind, amend, or modify such rules from time to time, as are necessary in the public interest, and particularly for the establishment and maintenance of standards of hospitalization required for the safe and adequate care and treatment of patients. To the extent possible, the department shall endeavor to make such minimum standards and rules consistent in format and general content with the applicable hospital survey standards of the joint commission on the accreditation of health care organizations.

Sec. 2. RCW 70.41.040 and 1985 c 213 s 18 are each amended to read as follows:

The enforcement of the provisions of this chapter and the standards, rules and regulations established under this chapter, shall be the responsibility of the department which shall cooperate with the joint commission on the accreditation of ((~~hospitals~~)) health care organizations. The department shall advise on the employment of personnel and the personnel shall be under the merit system or its successor.

Sec. 3. RCW 70.41.120 and 1985 c 213 s 21 are each amended to read as follows:

The department shall make or cause to be made at least yearly an inspection of all hospitals. Every inspection of a hospital may include an inspection of every part of the premises. The department may make an examination of all phases of the hospital operation necessary to determine compliance with the law and the standards, rules and regulations adopted thereunder. Any licensee or applicant desiring to make alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, comply with the regulations prescribed by the department.

No hospital licensed pursuant to the provisions of this chapter shall be required to be inspected or licensed under other state laws or rules and regulations promulgated thereunder, or local ordinances, relative to hotels, restaurants, lodging houses, boarding houses, places of refreshment, nursing homes, maternity homes, or psychiatric hospitals.

To avoid unnecessary duplication in inspections, the department shall coordinate with the department of social and health services when inspecting facilities over which both agencies have jurisdiction, the facilities including but not necessarily being limited to hospitals with both acute care and skilled nursing or psychiatric nursing functions.

Sec. 4. RCW 74.42.600 and 1987 c 476 s 28 are each amended to read as follows:

(1) In addition to the inspection required by chapter 18.51 RCW, the department shall inspect the facility for compliance with resident rights and direct care standards of this chapter. The department may inspect any and all other provisions randomly, by exception profiles, or during complaint investigations.

(2) If the facility has not complied with all the requirements of this chapter, the department shall notify the facility in writing that the facility is in noncompliance and describe the reasons for the facility's noncompliance and the department may impose penalties in accordance with RCW 18.51.060.

(3) To avoid unnecessary duplication in inspections, the department shall coordinate with the department of health when inspecting medicaid-certified or medicare-certified, or both, long-term care beds in hospitals for compliance with Titles XVIII or XIX of the social security act.

NEW SECTION. Sec. 5. A new section is added to chapter 70.41 RCW to read as follows:

Notwithstanding RCW 70.41.120, a hospital accredited by the joint commission on the accreditation of health care organizations is not subject to the annual inspection provided for in RCW 70.41.120 if:

(1) The department determines that the applicable survey standards of the joint commission on the accreditation of health care organizations are substantially equivalent to its own;

(2) It has been inspected by the joint commission on the accreditation of health care organizations within the previous twelve months; and

(3) The department receives directly from the joint commission on the accreditation of health care organizations or the hospital itself copies of the survey reports prepared by the joint commission on the accreditation of health care organizations demonstrating that the hospital meets applicable standards.

NEW SECTION. Sec. 6. The Washington state department of health shall study alternative strategies for achieving greater efficiency in the hospital building design and review process, including, but not necessarily limited to:

(1) Developing at the state level, with provision for input by local jurisdictions, a single point of building plan review and conflict resolution;

(2) Developing a process for joint conduct of building plan review by affected jurisdictions; and

(3) Reviewing the feasibility of developing a system whereby building inspectors are required to accept design decisions that are made at the time a building permit is granted, except for changes due to unforeseen circumstances.

The department shall report its findings and recommendations to the appropriate committees of the legislature by January 1, 1996.