H-3449.2  _______________________________________________

                          HOUSE BILL 2708

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Edwards, Campbell and Skinner

Read first time 01/24/2002.  Referred to Committee on Health Care.

Requiring the adoption of due process rules for boarding homes.

    AN ACT Relating to boarding home providers; and creating a new section.

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

NEW SECTION. Sec. 1.  It is the intent of the legislature that the department of social and health services must adopt due process rules to clarify for boarding home providers definitions and thresholds for noncompliance or violations of chapter 18.20 RCW that trigger sanctions available to the department under RCW 18.20.190.  It is the intent of the legislature that sanctions under RCW 18.20.190 not be imposed for violations of chapter 18.20 RCW that:  (1) Do not cause more than minimal actual harm to a resident; (2) do not appear to be systemic in nature with the potential, if uncorrected, to cause significant physical harm to residents; (3) do not cause or create imminent danger of significant physical harm to one or more residents, unless such a violation is recurring; and (4) are corrected prior to the last day of the department's on-site visit in which such a violation is discovered.  In adopting due process rules, the department of social and health services must work with boarding home providers, organizations representing boarding homes, residents, and those representing residents of boarding homes.  The department must adopt rules governing the rights of boarding home providers to appeal, under chapter 34.05 RCW, findings of noncompliance or violations of chapter 18.20 RCW.  The department of social and health services must adopt its final rules by September 1, 2002.

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