SENATE BILL REPORT

                  ESHB 2380

              As Reported By Senate Committee On:

          Health & Long‑Term Care, February 24, 2000

Title:  An act relating to boarding homes.

Brief Description:  Clarifying the authority of the department of social and health services concerning boarding homes.

Sponsors:  House Committee on Health Care (originally sponsored by Representatives Cody, Parlette and Edwards; by request of Governor Locke).

Brief History:

Committee Activity:  Health & Long‑Term Care:  2/23/2000, 2/24/2000 [DPA].

SENATE COMMITTEE ON HEALTH & LONG-TERM CARE

Majority Report:  Do pass as amended.

  Signed by Senators Thibaudeau, Chair; Wojahn, Vice Chair; Costa, Deccio, Franklin, Johnson and Winsley.

Staff:  Rhoda Jones (786-7198)

Background:  In 1998 the Legislature authorized the transfer of all regulations for boarding homes from the Department of Health (DOH) to the Department of Social and Health Services (DSHS).  The transfer expires July 1, 2000, unless reauthorized by the Legislature.

In the intervening months, DSHS has reinspected all of the state's 493 boarding homes, revised inspection guidelines through a statewide public forum process, hired additional licensing inspection staff, and taken enforcement actions against over 140 boarding homes.

Concurrently, the Joint Legislative Task Force on Long-Term Care, also established in 1998, tracked the results of the boarding home transfer.  In its January 2000 report to the Legislature, the task force recommended the transfer be permanent, with the qualification that state regulations of boarding homes never be so prescriptive that they ignore resident independence, choice, and dignity.

Summary of Amended Bill:  Licensing and regulation of the state's boarding homes is permanently placed under the authority of the Department of Social and Health Services.  Standards for fire protection and enforcement remain with the Washington State Patrol, through the director of Fire Protection.

The minimum number of people for whom a boarding home can be licensed is changed from three to seven.  However, any boarding home currently licensed for three to six persons may retain that license.

Caregivers in boarding homes must have an orientation before beginning work.  Caregivers must have basic training and demonstrate competency in it before working with residents without supervision.  Specialty training is required in boarding homes where clients have dementia, mental illness or developmental disabilities.

A steering committee on education and training is created.

Any training documents created by the department are in the public domain.  However, training materials used by the department under contracts from other sources are subject to copyright restrictions.

Amended Bill Compared to Substitute Bill:  All language related to new training requirements was added.  Clarification as to the dissemination of publicly-owned material was added.

Appropriation:  None.

Fiscal Note:  Requested on January 21, 2000.

Effective Date:  The bill takes effect on July 1, 2000.

Testimony For:  The transfer to DSHS has been a success and should be made permanent.

Testimony Against:  None.

Testified:  PRO:  Nick Federici, WAHSA; Jerry Reilly, WHCA; Lauri St. Ours, NORALRA; Pat Lashway, DSHS; Tom Stanley, attorney for Assisted Living Providers; Kary Hyre, LTC Ombudsman; Rowland Thompson, Allied Daily Newspapers of WA.