2458 AMH .... H4926.1

HB 2458 - H AMD Adopted 3-14-02 0621

By Representative

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 70.128.060 and 2001 c 193 s 9 are each amended to read as follows:

    (1) An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires.

    (2) The department shall issue a license to an adult family home if the department finds that the applicant and the home are in compliance with this chapter and the rules adopted under this chapter, unless (a) the applicant has prior violations of this chapter relating to the adult family home subject to the application or any other adult family home, or of any other law regulating residential care facilities within the past five years that resulted in revocation or nonrenewal of a license; or (b) the applicant has a history of significant noncompliance with federal, state, or local laws, rules, or regulations relating to the provision of care or services to vulnerable adults or to children.

    (3) The license fee shall be submitted with the application.

    (4) The department shall serve upon the applicant a copy of the decision granting or denying an application for a license.  An applicant shall have the right to contest denial of his or her application for a license as provided in chapter 34.05 RCW by requesting a hearing in writing within twenty-eight days after receipt of the notice of denial.

    (5) The department shall not issue a license to a provider if the department finds that the provider or any partner, officer, director, managerial employee, or owner of five percent or more if 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.

    (6) The department shall license an adult family home for the maximum level of care that the adult family home may provide.  The department shall define, in rule, license levels based upon the education, training, and caregiving experience of the licensed provider or staff.

    (7) The department shall establish, by rule, standards used to license nonresident providers and multiple facility operators.

    (8) The department shall establish, by rule, for multiple facility operators educational standards substantially equivalent to recognized national certification standards for residential care administrators.

    (9) The license fee shall be set at ((fifty)) one hundred twenty-five dollars per year for each home.  A ((fifty)) one hundred twenty-five dollar processing fee shall also be charged each home when the home is initially licensed.

    (10) A provider who receives notification of the department's initiation of a denial, suspension, nonrenewal, or revocation of an adult family home license may, in lieu of appealing the department's action, surrender or relinquish the license.  The department shall not issue a new license to or contract with the provider, for the purposes of providing care to vulnerable adults or children, for a period of twenty years following the surrendering or relinquishment of the former license.  The licensing record shall indicate that the provider relinquished or surrendered the license, without admitting the violations, after receiving notice of the department's initiation of a denial, suspension, nonrenewal, or revocation of a license.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.128 RCW to read as follows:

    No department employee shall discriminate or retaliate in any manner against an adult family home operator or employee on the basis or for the reason that the operator or employee made a complaint against the department or any of its employees."

    Correct the title.

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