H-1601.2 _______________________________________________
HOUSE BILL 1958
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Sherstad, Cody and Zellinsky
Read first time 02/14/97. Referred to Committee on Health Care.
AN ACT Relating to maintaining market forces and consumer choice in boarding home care; amending RCW 74.39A.010, 74.39A.070, and 74.39A.080; adding a new section to chapter 74.39A RCW; and repealing RCW 74.39A.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 74.39A.010 and 1995 1st sp.s. c 18 s 14 are each amended to read as follows:
(1)
To the extent of available funding, the department of social and health
services may ((contract with licensed)) place medicaid eligible
individuals in boarding homes licensed under chapter 18.20 RCW and
tribally licensed boarding homes ((for assisted living services and enhanced
adult residential care. The department shall develop rules for facilities that
contract with the department for assisted living services or enhanced adult
residential care to establish:
(a)
Facility service standards consistent with the principles in RCW 74.39A.050 and
consistent with chapter 70.129 RCW;
(b)
Standards for resident living areas consistent with RCW 74.39A.030;
(c)
Training requirements for providers and their staff)).
(2)
((The department's rules shall provide that services in assisted living and
enhanced adult residential care:
(a)
Recognize individual needs, privacy, and autonomy;
(b)
Include, but not be limited to, personal care, nursing services, medication
administration, and supportive services that promote independence and
self-sufficiency;
(c)
Are of sufficient scope to assure that each resident who chooses to remain in
the assisted living or enhanced adult residential care may do so, to the extent
that the care provided continues to be cost-effective and safe and promote the
most appropriate level of physical, mental, and psychosocial well-being
consistent with client choice;
(d)
Are directed first to those persons most likely, in the absence of enhanced
adult residential care or assisted living services, to need hospital, nursing
facility, or other out-of-home placement; and
(e)
Are provided in compliance with applicable facility and professional licensing
laws and rules.
(3)
When a facility contracts with the department for assisted living services or
enhanced adult residential care, only services and facility standards that are
provided to or in behalf of the assisted living services or enhanced adult
residential care client shall be subject to the department's rules)) (a)
A boarding home licensed under chapter 18.20 RCW or tribally licensed is
eligible to accept medicaid residents. All homes desiring to accept medicaid
residents shall be placed upon a list that must be made available to the
prospective resident, resident's family, or guardian or other interested party,
and the resident, family member, or guardian may contact the boarding home and
arrange a visit. If the resident is not capable of visiting or chooses not to,
and no other person is available to visit on the prospective resident's behalf,
the department case manager may choose a boarding home.
(b) Once a boarding home is chosen, the case manager shall call or visit the boarding home to discuss specific care needs for the prospective resident. The boarding home may accept or decline the placement. The resident or guardian shall sign and abide by the same agreement as all other residents of the boarding home, including discharge agreement.
(c) After placement, the case manager shall visit the resident from time to time and discuss the resident's care with the staff of the boarding home. If the case manager and staff agree that the placement continues to be appropriate, the resident may remain in the boarding home. If the staff or case manager believes the placement is no longer appropriate, the department shall move the resident within forty-five days unless a new agreement is negotiated. If the case manager concludes the resident's immediate health or safety is at risk, the department may take immediate action to remove the resident and shall furnish the boarding home with a detailed written explanation for its action within five working days.
NEW SECTION. Sec. 2. A new section is added to chapter 74.39A RCW to read as follows:
The department may create categories of need solely for the purpose of defining payment levels for residents it places in boarding homes. The categories and their definitions and payment standards must be developed in rule under chapter 34.05 RCW.
Sec. 3. RCW 74.39A.070 and 1995 1st sp.s. c 18 s 16 are each amended to read as follows:
(((1)
The department shall, by rule, establish reasonable minimum qualifications and
training requirements to assure that assisted living service, enhanced adult
residential care service, and adult residential care providers with whom the
department contracts are capable of providing services consistent with this
chapter. The rules shall apply only to residential capacity for which the
state contracts.
(2))) The
department shall not contract for ((assisted living, enhanced adult
residential care, or adult residential care services with a provider)) care
with a boarding home if the department finds that the ((provider)) boarding
home or any partner, officer, director, managerial employee, or owner of
five percent or more of the provider has a history of significant noncompliance
with federal or state regulations, rules, or laws in providing care or services
to vulnerable adults or to children.
Sec. 4. RCW 74.39A.080 and 1996 c 193 s 1 are each amended to read as follows:
(1)
The department ((is authorized to take one or more of the actions listed in
subsection (2) of this section in any case in which the department finds that a
provider of assisted living services, adult residential care services, or
enhanced adult residential care services has:
(a)
Failed or refused to comply with the requirements of this chapter or the rules
adopted under this chapter;
(b)
Operated without a license or under a revoked license;
(c)
Knowingly, or with reason to know, made a false statement of material fact on
his or her application for license or any data attached thereto, or in any
matter under investigation by the department; or
(d)
Willfully prevented or interfered with any inspection or investigation by the
department.
(2)
When authorized by subsection (1) of this section, the department may take one
or more of the following actions:
(a)
Refuse to issue a contract;
(b)
Impose reasonable conditions on a contract, such as correction within a
specified time, training, and limits on the type of clients the provider may
admit or serve;
(c)
Impose civil penalties of not more than one hundred dollars per day per
violation;
(d)
Suspend, revoke, or refuse to renew a contract; or
(e)
Suspend admissions to the facility by imposing stop placement on contracted
services.
(3)
When the department orders stop placement, the facility shall not admit any
person admitted by contract until the stop placement order is terminated. The
department may approve readmission of a resident to the facility from a
hospital or nursing home during the stop placement. The department shall
terminate the stop placement when: (a) The violations necessitating the stop
placement have been corrected; and (b) the provider exhibits the capacity to
maintain adequate care and service.
(4)
Chapter 34.05 RCW applies to department actions under this section, except that
orders of the department imposing contracts suspension, stop placement, or
conditions for continuation of a contract are effective immediately upon notice
and shall continue pending any hearing.)) shall report to the
department of health any noncompliance with chapter 18.20 RCW observed by employees
in the course of their duty.
(2) The department of health shall make an immediate inspection based on any complaint from an employee of the department of social and health services.
NEW SECTION. Sec. 5. RCW 74.39A.020 and 1995 1st sp.s. c 18 s 15 are each repealed.
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