H 0513

H‑0513.3 _____________________________________________

HOUSE BILL 1576

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives Cody, Campbell, Edmonds, Marine, Ruderman, DeBolt, Conway, Boldt, Pennington, Schual‑Berke, Darneille, Gombosky, Kagi, Dunshee, Kenney, Talcott and Wood

Read first time 01/30/2001. Referred to Committee on Health Care.

_1 AN ACT Relating to improving the quality of in-home long-term

_2 care services provided by state funded individual providers;

_3 amending RCW 74.39A.005, 74.39A.030, 74.39A.095, 70.127.040,

_4 70.127.040, 70.127.060, and 70.127.070; adding new sections to

_5 chapter 74.39A RCW; creating a new section; providing an effective

_6 date; and providing an expiration date.

_7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_8 Sec. 1. RCW 74.39A.005 and 2000 c 121 s 9 are each amended to read

_9 as follows:

10 The legislature finds that the aging of the population and

11 advanced medical technology have resulted in a growing number of

12 persons who require assistance. The primary resource for long-term

13 care continues to be family and friends. However, these traditional

14 caregivers are increasingly employed outside the home. There is a

15 growing demand for improvement and expansion of home and community-

16 based long-term care services to support and complement the

17 services provided by these informal caregivers.

18 The legislature further finds that the public interest would

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_1 best be served by a broad array of long-term care services that

_2 support persons who need such services at home or in the community

_3 whenever practicable and that promote individual autonomy,

_4 dignity, and choice.

_5 The legislature finds that as other long-term care options

_6 become more available, the relative need for nursing home beds is

_7 likely to decline. The legislature recognizes, however, that

_8 nursing home care will continue to be a critical part of the

_9 state's long-term care options, and that such services should

10 promote individual dignity, autonomy, and a homelike environment.

11 The legislature finds that many recipients of in-home services

12 are vulnerable and their health and well-being are dependent on

13 their caregivers. The quality, skills, and knowledge of their

14 caregivers are often the key to good care. The legislature finds

15 that the need for well-trained caregivers is growing as the

16 state's population ages and clients' needs increase. The

17 legislature intends that current training standards be enhanced

18 and that an entity be established that has the authority to

19 recruit, train, stabilize, and improve the individual provider

20 work force.

21 NEW SECTION. Sec. 2. AUTHORIZATION OF HOME CARE QUALITY

22 AUTHORITY. (1) The governor shall establish a home care quality

23 authority to recruit, train, stabilize, and improve the individual

24 provider work force as provided in this act. The authority shall

25 constitute a political subdivision of the state established as an

26 instrumentality exercising essential governmental functions. The

27 authority shall be established within six months of the enactment

28 of this act.

29 (2) The home care quality authority shall consist of nine

30 members appointed by the governor. The governing board of the

31 authority shall be as follows: Five members of the governing board

32 shall be current or former consumers of home care services for the

33 elderly or people with disabilities, at least one of whom shall be

34 a person with a developmental disability; one member of the

35 governing board shall be a representative of the developmental

36 disabilities planning council; one member shall be a

37 representative of the governor's commission on disability and

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_1 employment; one member shall be a representative of the state

_2 council on aging; and one member shall be a representative of the

_3 Washington state association of area agencies on aging. The term of

_4 office of each member will be three years. If there is a vacancy

_5 for any cause, the governor shall make an appointment to become

_6 immediately effective for the unexpired term. A member is eligible

_7 for reappointment and may serve no more than two consecutive

_8 terms. In making appointments to the authority, the governor shall

_9 take into consideration any nominations or recommendations made by

10 the representative groups or agencies.

11 NEW SECTION. Sec. 3. DUTIES. The department shall contract with

12 the home care quality authority to carry out the following duties

13 and functions:

14 (1) Ensure that in-home long-term care services are provided to

15 functionally disabled people who are authorized to receive

16 services in their home under the medicaid personal care, community

17 options programs entry system, or chore services program through

18 an individual provider chosen and supervised by the functionally

19 disabled person;

20 (2)(a) Establish and investigate the qualifications and

21 background of potential individual providers. Any qualifications

22 established shall include: (i) Compliance with the minimum

23 requirements for training and criminal background checks as

24 provided in RCW 74.39A.050; and (ii) confirmation that the

25 potential individual provider is not currently listed on any long-

26 term care abuse and neglect registry currently in use, or

27 established at some future date.

28 (b) The department shall: (i) Continue to perform the criminal

29 background check for individual providers; and (ii) ensure that

30 the authority has ready access to any long-term care abuse and

31 neglect registry currently in use, or established at some future

32 date.

33 (c) The authority must give preference to the training and

34 employment of recipients of public assistance or other low-income

35 persons who would qualify for public assistance in the absence of

36 such employment;

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_1 (3) Provide training opportunities, either directly or through

_2 contract, for individual providers and functionally disabled

_3 persons as consumers of personal care services;

_4 (4) Provide assistance to functionally disabled persons in

_5 finding individual providers through the establishment of a

_6 referral list of qualified individual providers;

_7 (5) Provide routine, emergency, and respite referrals of

_8 qualified individual providers to functionally disabled people who

_9 are authorized to receive services in their home under the

10 medicaid personal care, community options programs entry system,

11 or chore services program through an individual provider hired

12 directly by the functionally disabled person; and

13 (6) Cooperate with area agencies on aging, the department, and

14 other state and local agencies to provide the services described

15 and set forth in this section. If, in the course of its duties, the

16 home care quality authority identifies concerns regarding the care

17 being provided by an individual provider, the authority shall

18 notify the relevant area agency on aging or department case

19 manager regarding its concerns.

20 NEW SECTION. Sec. 4. EMPLOYMENT RELATIONSHIP AND CONSUMER

21 RIGHTS. (1) The home care quality authority authorized by this act

22 shall be deemed to be the employer of individual providers who

23 provide services to functionally disabled persons authorized to

24 receive such services in their home under the medicaid personal

25 care, community options programs entry system, or chore services

26 program for the purpose of the application of chapter 41.56

27 RCW. The authority shall be deemed to be a public employer as that

28 term is defined in RCW 41.56.030(1) and the individual providers

29 shall be deemed to be public employees as that term is defined in

30 RCW 41.56.030(2). The provisions of chapter 41.56 RCW shall govern

31 the relations between the authority and the individual providers

32 except: (a) The only unit appropriate for the purpose of collective

33 bargaining under RCW 41.56.060 shall be a statewide unit of all

34 individual providers; (b) the showing of interest needed to

35 request an election under RCW 41.56.060 shall be ten percent of

36 the unit and any intervener seeking to appear on the ballot shall

37 make the same showing of interest; (c) the mediation and interest

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_1 arbitration provisions of RCW 41.56.430 through 41.56.470 and

_2 41.56.480 shall apply; (d) individual providers shall not have a

_3 right to strike; and (e) as otherwise expressly provided in this

_4 act.

_5 (2) The individual providers shall not be considered employees

_6 of the state of Washington for any purpose.

_7 (3) Functionally disabled persons who are authorized to receive

_8 services in their home under the medicaid personal care, community

_9 options programs entry system, or chore services program through

10 an individual provider retain the right to select, supervise, and

11 terminate the work of any individual provider providing services

12 to them. Functionally disabled persons who are authorized to

13 receive services in their home under the medicaid personal care,

14 community options programs entry system, or chore services program

15 through an individual provider may elect to receive services from

16 individual providers who are not referred to them by the home care

17 quality authority. Those providers shall be referred to the

18 authority for the purposes of wages, benefits, and other terms and

19 conditions of employment.

20 (4) In implementing and administering this act, no home care

21 quality authority, contractor, or a combination thereof, shall

22 reduce the hours of service for any functionally disabled person

23 below the amount determined to be necessary under any assessment

24 prepared by the department.

25 (5) The home care quality authority authorized under this act

26 may enter into contracts as are necessary or proper to carry out

27 this chapter.

28 (6) To the extent permitted by federal law, federal matching

29 funds under Title XIX of the federal social security act may be

30 used to establish and operate the home care quality authority

31 authorized by this act.

32 (7)(a) The home care quality authority authorized under this

33 act shall be deemed not to be the employer of individual providers

34 referred to functionally disabled persons under this act for

35 purposes of vicarious liability due to the negligence or

36 intentional torts of the individual provider.

37 (b) In no case shall the home care quality authority authorized

38 under this act be held liable for actions or omissions of any

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_1 individual provider whom the authority did not include on its

_2 referral list or otherwise refer to a functionally disabled person

_3 receiving services in their home under the medicaid personal care,

_4 community options program entry system, or chore services program.

_5 (c) The state shall be immune from any liability resulting from

_6 implementation of this act. Any obligation of the home care quality

_7 authority pursuant to this act, whether statutory, contractual, or

_8 otherwise, shall be the obligation solely of the home care quality

_9 authority, and shall not be the obligation of the state.

10 (8) Nothing in this section shall be construed to affect the

11 state's responsibility with respect to the state payroll system or

12 unemployment insurance for individual providers.

13 (9) The home care quality authority may offer its recruitment,

14 training, and referral services to long-term care providers other

15 than individual providers for a membership fee fixed by the

16 authority.

17 NEW SECTION. Sec. 5. PERFORMANCE REVIEW. (1) Two years after the

18 establishment of the home care quality authority, and biennially

19 thereafter, the joint legislative audit and review committee shall

20 perform a performance review of the authority. The first such

21 review shall be submitted to the legislature and the governor by

22 December 1st of the year following the initiation of the

23 performance review under this section.

24 (2) The performance review will give special attention to the

25 health, welfare, and satisfaction with services of the

26 functionally disabled persons receiving services from individual

27 providers under this act, including the degree to which all

28 required services have been delivered, the degree to which

29 functionally disabled persons receiving services from individual

30 providers have ultimately been placed in other residential

31 settings or nursing homes, prompt response to consumer complaints,

32 and any other issue the committee deems relevant.

33 (3) The performance review shall make recommendations to the

34 legislature and the governor for any changes to this act that will

35 further ensure the well-being of functionally disabled persons

36 receiving services from individual providers, and the most

37 efficient delivery of required services. In addition, the first

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_1 performance review must include findings and recommendations

_2 regarding the appropriateness of the home care quality authority

_3 assuming responsibility for verification of hours worked by

_4 individual providers, payment of individual providers, or other

_5 functions.

_6 NEW SECTION. Sec. 6. APPROVAL OF WAGES AND BENEFITS. (1) When

_7 any increase in provider wages or benefits is negotiated or agreed

_8 to by the home care quality authority authorized under this act,

_9 no increase in wages or benefits negotiated or agreed to pursuant

10 to this act shall take effect unless and until, prior to its

11 implementation, the department has determined that the increase is

12 consistent with federal law and to ensure federal financial

13 participation for the services under Title XIX of the federal

14 social security act.

15 (2) Any rate approved pursuant to (a) of this subsection shall

16 take effect commencing on the first day of the month subsequent to

17 the month in which final approval is received from the

18 department. The department may grant approval on a conditional

19 basis, subject to the availability of funding.

20 Sec. 7. RCW 74.39A.030 and 1995 1st sp.s. c 18 s 2 are each

21 amended to read as follows:

22 (1) To the extent of available funding, the department shall

23 expand cost-effective options for home and community services for

24 consumers for whom the state participates in the cost of their

25 care.

26 (2) In expanding home and community services, the department

27 shall: (a) Take full advantage of federal funding available under

28 Title XVIII and Title XIX of the federal social security act,

29 including home health, adult day care, waiver options, and state

30 plan services; and (b) be authorized to use funds available under

31 its community options program entry system waiver granted under

32 section 1915(c) of the federal social security act to expand the

33 availability of in-home, adult residential care, adult family

34 homes, enhanced adult residential care, and assisted living

35 services. By June 30, 1997, the department shall undertake to

36 reduce the nursing home medicaid census by at least one thousand

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_1 six hundred by assisting individuals who would otherwise require

_2 nursing facility services to obtain services of their choice,

_3 including assisted living services, enhanced adult residential

_4 care, and other home and community services. If a resident, or his

_5 or her legal representative, objects to a discharge decision

_6 initiated by the department, the resident shall not be discharged

_7 if the resident has been assessed and determined to require

_8 nursing facility services. In contracting with nursing homes and

_9 boarding homes for enhanced adult residential care placements, the

10 department shall not require, by contract or through other means,

11 structural modifications to existing building construction.

12 (3)(a) Except to the extent provided otherwise in section 6 of

13 this act, the department shall by rule establish payment rates for

14 home and community services that support the provision of cost-

15 effective care.

16 (b) The department may authorize an enhanced adult residential

17 care rate for nursing homes that temporarily or permanently

18 convert their bed use for the purpose of providing enhanced adult

19 residential care under chapter 70.38 RCW, when the department

20 determines that payment of an enhanced rate is cost-effective and

21 necessary to foster expansion of contracted enhanced adult

22 residential care services. As an incentive for nursing homes to

23 permanently convert a portion of its nursing home bed capacity for

24 the purpose of providing enhanced adult residential care, the

25 department may authorize a supplemental add-on to the enhanced

26 adult residential care rate.

27 (c) The department may authorize a supplemental assisted living

28 services rate for up to four years for facilities that convert

29 from nursing home use and do not retain rights to the converted

30 nursing home beds under chapter 70.38 RCW, if the department

31 determines that payment of a supplemental rate is cost-effective

32 and necessary to foster expansion of contracted assisted living

33 services.

34 Sec. 8. RCW 74.39A.095 and 2000 c 87 s 5 are each amended to read

35 as follows:

36 (1) In carrying out case management responsibilities

37 established under RCW 74.39A.090 for consumers who are receiving

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_1 services under the medicaid personal care, community options

_2 programs entry system or chore services program through an

_3 individual provider, each area agency on aging shall provide

_4 adequate oversight of the care being provided to consumers

_5 receiving services under this section. Such oversight shall

_6 include, but is not limited to:

_7 (a) Verification that ((~~the~~)) any individual provider who has

_8 not been referred to a consumer by the home care quality authority

_9 established under this act has met any training requirements

10 established by the department;

11 (b) Verification of a sample of worker time sheets;

12 (c) Home visits or telephone contacts sufficient to ensure that

13 the plan of care is being appropriately implemented;

14 (d) Reassessment and reauthorization of services;

15 (e) Monitoring of individual provider performance. If, in the

16 course of its monitoring, the area agency on aging identifies

17 concerns regarding the care being provided by an individual

18 provider who was referred to a consumer by the home care quality

19 authority authorized under this act, the area agency on aging

20 shall notify the home care quality authority regarding its

21 concerns; and

22 (f) Conducting criminal background checks or verifying that

23 criminal background checks have been conducted for any individual

24 provider who has not been referred to a functionally disabled

25 person by the home care quality authority authorized under this

26 act.

27 (2) The area agency on aging case manager shall work with each

28 consumer to develop a plan of care under this section that

29 identifies and ensures coordination of health and long-term care

30 services that meet the consumer's needs. In developing the plan,

31 they shall utilize, and modify as needed, any comprehensive

32 community service plan developed by the department as provided in

33 RCW 74.39A.040. The plan of care shall include, at a minimum:

34 (a) The name and telephone number of the consumer's area agency

35 on aging case manager, and a statement as to how the case manager

36 can be contacted about any concerns related to the consumer's well-

37 being or the adequacy of care provided;

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_1 (b) The name and telephone numbers of the consumer's primary

_2 health care provider, and other health or long-term care providers

_3 with whom the consumer has frequent contacts;

_4 (c) A clear description of the roles and responsibilities of

_5 the area agency on aging case manager and the consumer receiving

_6 services under this section;

_7 (d) The duties and tasks to be performed by the area agency on

_8 aging case manager and the consumer receiving services under this

_9 section;

10 (e) The type of in-home services authorized, and the number of

11 hours of services to be provided;

12 (f) The terms of compensation of the individual provider;

13 (g) A statement that the individual provider has the ability

14 and willingness to carry out his or her responsibilities relative

15 to the plan of care; and

16 (h)(i) Except as provided in (h)(ii) of this subsection, a

17 clear statement indicating that a consumer receiving services

18 under this section has the right to waive any of the case

19 management services offered by the area agency on aging under this

20 section, and a clear indication of whether the consumer has, in

21 fact, waived any of these services.

22 (ii) The consumer's right to waive case management services

23 does not include the right to waive reassessment or

24 reauthorization of services, or verification that services are

25 being provided in accordance with the plan of care.

26 (3) Each area agency on aging shall retain a record of each

27 waiver of services included in a plan of care under this section.

28 (4) Each consumer has the right to direct and participate in

29 the development of their plan of care to the maximum practicable

30 extent of their abilities and desires, and to be provided with the

31 time and support necessary to facilitate that participation.

32 (5) A copy of the plan of care must be distributed to the

33 consumer's primary care provider, individual provider, and other

34 relevant providers with whom the consumer has frequent contact, as

35 authorized by the consumer.

36 (6) The consumer's plan of care shall be an attachment to the

37 contract between the department, or their designee, and the

38 individual provider.

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_1 (7) If the department or area agency on aging case manager

_2 finds that an individual provider's inadequate performance or

_3 inability to deliver quality care is jeopardizing the health,

_4 safety, or well-being of a consumer receiving service under this

_5 section, the department or the area agency on aging may take

_6 action to terminate the contract between the department and the

_7 individual provider. If the department or the area agency on aging

_8 has a reasonable, good faith belief that the health, safety, or

_9 well-being of a consumer is in imminent jeopardy, the department

10 or area agency on aging may summarily suspend the contract pending

11 a fair hearing. The consumer may request a fair hearing to contest

12 the planned action of the case manager, as provided in chapter

13 34.05 RCW. When the department or area agency on aging terminates

14 or summarily suspends a contract under this subsection, they shall

15 provide oral and written notice of the action taken to the home

16 care quality authority authorized under this act. The department

17 may by rule adopt guidelines for implementing this subsection.

18 (8) The department or area agency on aging may reject a request

19 by a consumer receiving services under this section to have a

20 family member or other person serve as his or her individual

21 provider if the case manager has a reasonable, good faith belief

22 that the family member or other person will be unable to

23 appropriately meet the care needs of the consumer. The consumer may

24 request a fair hearing to contest the decision of the case

25 manager, as provided in chapter 34.05 RCW. The department may by

26 rule adopt guidelines for implementing this subsection.

27 Sec. 9. RCW 70.127.040 and 1993 c 42 s 2 are each amended to read

28 as follows:

29 The following are not subject to regulation for the purposes of

30 this chapter:

31 (1) A family member;

32 (2) An organization that provides only meal services in a

33 person's residence;

34 (3) Entities furnishing durable medical equipment that does not

35 involve the delivery of professional services beyond those

36 necessary to set up and monitor the proper functioning of the

37 equipment and educate the user on its proper use;

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_1 (4) A person who provides services through a contract with a

_2 licensed agency;

_3 (5) An employee or volunteer of a licensed agency who provides

_4 services only as an employee or volunteer;

_5 (6) Facilities and institutions, including but not limited to

_6 nursing homes under chapter 18.51 RCW, hospitals under chapter

_7 70.41 RCW, boarding homes under chapter 18.20 RCW, developmental

_8 disability residential programs under chapter 71.12 RCW, or other

_9 facilities and institutions, only when providing services to

10 persons residing within the facility or institution if the

11 delivery of the services is regulated by the state;

12 (7) Persons providing care to disabled persons through a

13 contract with the department of social and health services;

14 (8) The home care quality authority authorized under section 2

15 of this act;

16 (9) Nursing homes, hospitals, or other institutions, agencies,

17 organizations, or persons that contract with licensed home health,

18 hospice, or home care agencies for the delivery of services;

19 ((~~(9)~~)) (10) In-home assessments of an ill, disabled, or infirm

20 person's ability to adapt to the home environment that does not

21 result in regular ongoing care at home;

22 ((~~(10)~~)) (11) Services conducted by and for the adherents of a

23 church or religious denomination that rely upon spiritual means

24 alone through prayer for healing in accordance with the tenets and

25 practices of such church or religious denomination and the bona

26 fide religious beliefs genuinely held by such adherents;

27 ((~~(11)~~)) (12) A medicare-approved dialysis center operating a

28 medicare-approved home dialysis program;

29 ((~~(12)~~)) (13) Case management services which do not include the

30 direct delivery of home health, hospice, or home care services;

31 ((~~(13)~~)) (14) Pharmacies licensed under RCW 18.64.043 that

32 deliver prescription drugs and durable medical equipment that does

33 not involve the use of professional services beyond those

34 authorized to be performed by licensed pharmacists pursuant to

35 chapter 18.64 RCW and those necessary to set up and monitor the

36 proper functioning of the equipment and educate the person on its

37 proper use.

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_1 Sec. 10. RCW 70.127.040 and 2000 c 175 s 4 are each amended to read

_2 as follows:

_3 The following are not subject to regulation for the purposes of

_4 this chapter:

_5 (1) A family member providing home health, hospice, or home

_6 care services;

_7 (2) A person who provides only meal services in an individual's

_8 permanent or temporary residence;

_9 (3) An individual providing home care through a direct

10 agreement with a recipient of care in an individual's permanent or

11 temporary residence;

12 (4) A person furnishing or delivering home medical supplies or

13 equipment that does not involve the provision of services beyond

14 those necessary to deliver, set up, and monitor the proper

15 functioning of the equipment and educate the user on its proper

16 use;

17 (5) A person who provides services through a contract with a

18 licensed agency;

19 (6) An employee or volunteer of a licensed agency who provides

20 services only as an employee or volunteer;

21 (7) Facilities and institutions, including but not limited to

22 nursing homes under chapter 18.51 RCW, hospitals under chapter

23 70.41 RCW, adult family homes under chapter 70.128 RCW, boarding

24 homes under chapter 18.20 RCW, developmental disability

25 residential programs under chapter 71.12 RCW, other entities

26 licensed under chapter ((~~71.12~~)) 71A.12 RCW, or other licensed

27 facilities and institutions, only when providing services to

28 persons residing within the facility or institution;

29 (8) Local and combined city-county health departments providing

30 services under chapters 70.05 and 70.08 RCW;

31 (9) An individual providing care to ill, disabled, infirm, or

32 vulnerable individuals through a contract with the department of

33 social and health services;

34 (10) The home care quality authority authorized under section 2

35 of this act;

36 (11) Nursing homes, hospitals, or other institutions, agencies,

37 organizations, or persons that contract with licensed home health,

38 hospice, or home care agencies for the delivery of services;

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_1 ((~~(11)~~)) (12) In-home assessments of an ill, disabled,

_2 vulnerable, or infirm individual that does not result in regular

_3 ongoing care at home;

_4 ((~~(12)~~)) (13) Services conducted by and for the adherents of a

_5 church or religious denomination that rely upon spiritual means

_6 alone through prayer for healing in accordance with the tenets and

_7 practices of such church or religious denomination and the bona

_8 fide religious beliefs genuinely held by such adherents;

_9 ((~~(13)~~)) (14) A medicare-approved dialysis center operating a

10 medicare-approved home dialysis program;

11 ((~~(14)~~)) (15) A person providing case management services. For

12 the purposes of this subsection, "case management" means the

13 assessment, coordination, authorization, planning, training, and

14 monitoring of home health, hospice, and home care, and does not

15 include the direct provision of care to an individual;

16 ((~~(15)~~)) (16) Pharmacies licensed under RCW 18.64.043 that

17 deliver prescription drugs and durable medical equipment that does

18 not involve the use of professional services beyond those

19 authorized to be performed by licensed pharmacists pursuant to

20 chapter 18.64 RCW and those necessary to set up and monitor the

21 proper functioning of the equipment and educate the person on its

22 proper use;

23 ((~~(16)~~)) (17) A volunteer hospice complying with the

24 requirements of RCW 70.127.050; and

25 ((~~(17)~~)) (18) A person who provides home care services without

26 compensation.

27 Sec. 11. RCW 70.127.060 and 1988 c 245 s 7 are each amended to read

28 as follows:

29 Except as exempt under RCW 70.127.040 (6) and ((~~(8)~~)) (9) a

30 nursing home licensed under chapter 18.51 RCW is not exempt from

31 the requirements of this chapter when the nursing home is

32 functioning as a home health, hospice, or home care agency.

33 Sec. 12. RCW 70.127.070 and 1988 c 245 s 8 are each amended to read

34 as follows:

35 Except as exempt under RCW 70.127.040 (6) and ((~~(8)~~)) (9), a

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_1 hospital licensed under chapter 70.41 RCW is not exempt from the

_2 requirements of this chapter when the hospital is functioning as a

_3 home health, hospice, or home care agency.

_4 NEW SECTION. Sec. 13. Sections 2 through 6 of this act are each

_5 added to chapter 74.39A RCW.

_6 NEW SECTION. Sec. 14. Sections 9, 11, and 12 of this act expire

_7 January 1, 2002.

_8 NEW SECTION. Sec. 15. Section 10 of this act takes effect

_9 January 1, 2002.

10 NEW SECTION. Sec. 16. Captions used in this act are not any part

11 of the law.

‑‑‑ END ‑‑‑

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