AN ACT Relating to
adult family homes; amending RCW 70.128.005, 70.128.010, 18.52C.020, 70.24.017,
70.128.007, 70.128.010, 70.128.090, and 70.128.120; adding new sections to
chapter 70.128 RCW; adding a new section to chapter 74.39A RCW; repealing RCW
70.128.061 and 70.128.062; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 70.128.005 and 2000
c 121 s 4 are each amended to read as follows:
The legislature finds
that adult family homes are an important part of the state's long-term care
system. Adult family homes provide an alternative to institutional care and
promote a high degree of independent living for residents. Persons with functional
limitations have broadly varying service needs. Adult family homes that can
meet those needs are an essential component of a long-term system. The
legislature further finds that different populations living in adult family
homes, such as the developmentally disabled and the elderly, often have
significantly different needs and capacities from one another.
It is the legislature's
intent that department rules and policies relating to the licensing and
operation of adult family homes recognize and accommodate the different needs
and capacities of the various populations served by the homes. Furthermore,
the development and operation of adult family homes that can provide quality
personal care and special care services should be encouraged.
The legislature finds
that many residents of community-based long-term care facilities are vulnerable
and their health and well-being are dependent on their caregivers. The
quality, skills, and knowledge of their caregivers are ((often)) the key
to good care. The legislature finds that the need for well-trained caregivers
is growing as the state's population ages and residents' needs increase. The
legislature intends that current training standards be enhanced.
The legislature
finds that the state of Washington has a compelling interest in protecting and
promoting the health, welfare, and safety of vulnerable adults residing in
adult family homes. The health, safety, and well-being of vulnerable adults
must be the paramount concern in determining whether to issue a license to an
applicant, whether to suspend or revoke a license, or whether to take other
licensing actions.
Sec. 2. RCW 70.128.010 and 1995
c 260 s 2 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Adult family
home" means a regular family abode in which a person or persons provide
personal care, special care, room, and board to more than one but not more than
six adults who are not related by blood or marriage to the person or persons
providing the services.
(2)
"Provider" means any person who is licensed under this chapter to
operate an adult family home. For the purposes of this section,
"person" means any individual, partnership, corporation, association,
or limited liability company.
(3)
"Department" means the department of social and health services.
(4)
"Resident" means an adult in need of personal or special care in an
adult family home who is not related to the provider.
(5) "Adults"
means persons who have attained the age of eighteen years.
(6) "Home"
means an adult family home.
(7) "Imminent
danger" means serious physical harm to or death of a resident has
occurred, or there is a serious threat to resident life, health, or safety.
(8) "Special
care" means care beyond personal care as defined by the department, in
rule.
(9)
"Capacity" means the maximum number of persons in need of personal or
special care permitted in an adult family home at a given time. This number
shall include related children or adults in the home and who received special
care.
(10) "Resident
manager" means a person employed or designated by the provider to manage
the adult family home.
Sec. 3. RCW 18.52C.020 and 1997
c 392 s 527 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1)
"Secretary" means the secretary of the department of health.
(2) "Health care
facility" means a nursing home, hospital, hospice care facility, home
health care agency, hospice agency, boarding home, ((adult family home,))
group home, or other entity for the delivery of health care or long-term care
services, including chore services provided under chapter 74.39A RCW.
(3) "Nursing
home" means any nursing home facility licensed pursuant to chapter 18.52
RCW.
(4) "Nursing
pool" means any person engaged in the business of providing, procuring, or
referring health care or long-term care personnel for temporary employment in
health care facilities, such as licensed nurses or practical nurses, nursing
assistants, and chore service providers. "Nursing pool" does not
include an individual who only engages in providing his or her own services.
(5) "Person"
includes an individual, firm, corporation, partnership, or association.
(6) "Adult
family home" means a residential home licensed pursuant to chapter 70.128
RCW.
Sec. 4. RCW 70.24.017 and 1991 c
3 s 322 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter:
(1) "Acquired
immunodeficiency syndrome" or "AIDS" means the clinical syndrome
of HIV-related illness as defined by the board of health by rule.
(2) "Board"
means the state board of health.
(3)
"Department" means the department of health, or any successor
department with jurisdiction over public health matters.
(4) "Health care
provider" means any person who is a member of a profession under RCW
18.130.040 or other person providing medical, nursing, psychological, or other
health care services regulated by the department of health.
(5) "Health care
facility" means a hospital, nursing home, neuropsychiatric or mental
health facility, home health agency, hospice, child care agency, ((adult
family home,)) group care facility, family foster home, clinic, blood bank,
blood center, sperm bank, laboratory, or other social service or health care
institution regulated or operated by the department of health.
(6) "HIV-related
condition" means any medical condition resulting from infection with HIV
including, but not limited to, seropositivity for HIV.
(7) "Human
immunodeficiency virus" or "HIV" means all HIV and HIV-related
viruses which damage the cellular branch of the human immune or neurological
systems and leave the infected person immunodeficient or neurologically
impaired.
(8) "Test for a
sexually transmitted disease" means a test approved by the board by rule.
(9) "Legal
guardian" means a person appointed by a court to assume legal authority
for another who has been found incompetent or, in the case of a minor, a person
who has legal custody of the child.
(10) "Local public
health officer" means the officer directing the county health department
or his or her designee who has been given the responsibility and authority to
protect the health of the public within his or her jurisdiction.
(11) "Person"
includes any natural person, partnership, association, joint venture, trust,
public or private corporation, or health facility.
(12) "Release of
test results" means a written authorization for disclosure of any sexually
transmitted disease test result which is signed, dated, and which specifies to
whom disclosure is authorized and the time period during which the release is
to be effective.
(13) "Sexually
transmitted disease" means a bacterial, viral, fungal, or parasitic
disease, determined by the board by rule to be sexually transmitted, to be a
threat to the public health and welfare, and to be a disease for which a
legitimate public interest will be served by providing for regulation and
treatment. The board shall designate chancroid, gonorrhea, granuloma
inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia,
nongonococcal urethritis (NGU), trachomitis, genital human papilloma virus
infection, syphilis, acquired immunodeficiency syndrome (AIDS), and human
immunodeficiency virus (HIV) infection as sexually transmitted diseases, and
shall consider the recommendations and classifications of the centers for
disease control and other nationally recognized medical authorities in
designating other diseases as sexually transmitted.
(14) "State public
health officer" means the secretary of health or an officer appointed by
the secretary.
Sec. 5. RCW 70.128.007 and 1995
1st sp.s. c 18 s 19 are each amended to read as follows:
The purposes of this
chapter are to:
(1) Encourage the
establishment and maintenance of adult family homes that provide a humane,
safe, and ((homelike)) residential home environment for persons
with functional limitations who need personal and special care;
(2) Establish standards
for regulating adult family homes that adequately protect residents;
(3) Encourage
consumers, families, providers, and the public to become active in assuring
their full participation in development of adult family homes that provide high
quality and cost-effective care;
(4) Provide for
appropriate care of residents in adult family homes by requiring that each
resident have a care plan that promotes the most appropriate level of physical,
mental, and psychosocial well-being consistent with client choice; and
(5) Accord each
resident the right to participate in the development of the care plan and in
other major decisions involving the resident and their care.
Sec. 6. RCW 70.128.010 and 1995
c 260 s 2 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Adult family
home" means a ((regular family abode)) residential home in
which a person or persons provide personal care, special care, room, and board
to more than one but not more than six adults who are not related by blood or
marriage to the person or persons providing the services.
(2)
"Provider" means any person who is licensed under this chapter to
operate an adult family home. For the purposes of this section,
"person" means any individual, partnership, corporation, association,
or limited liability company.
(3)
"Department" means the department of social and health services.
(4)
"Resident" means an adult in need of personal or special care in an
adult family home who is not related to the provider.
(5) "Adults"
means persons who have attained the age of eighteen years.
(6) "Home"
means an adult family home.
(7) "Imminent
danger" means serious physical harm to or death of a resident has
occurred, or there is a serious threat to resident life, health, or safety.
(8) "Special
care" means care beyond personal care as defined by the department, in
rule.
(9)
"Capacity" means the maximum number of persons in need of personal or
special care permitted in an adult family home at a given time. This number
shall include related children or adults in the home and who received special
care.
Sec. 7. RCW 70.128.090 and 1995
1st sp.s. c 18 s 24 are each amended to read as follows:
(1) During inspections
of an adult family home, the department shall have access and authority to
examine areas and articles in the home used to provide care or support to
residents, including residents' records, accounts, and the physical premises,
including the buildings, grounds, and equipment. The personal records of
the provider are not subject to department inspection nor is the separate
bedroom of the provider, not used in direct care of a client, subject to
review. The department may inspect all rooms during the initial licensing of
the home. However, during a complaint investigation, the department shall have
access to the entire premises and all pertinent records when necessary to
conduct official business. The department also shall have the authority to
interview the provider and residents of an adult family home.
(2) Whenever an
inspection is conducted, the department shall prepare a written report that
summarizes all information obtained during the inspection, and if the home is
in violation of this chapter, serve a copy of the inspection report upon the
provider at the same time as a notice of violation. This notice shall be
mailed to the provider within ten working days of the completion of the
inspection process. If the home is not in violation of this chapter, a
copy of the inspection report shall be mailed to the provider within ten calendar
days of the inspection of the home. All inspection reports shall be made
available to the public at the department during business hours.
(3) The provider shall
develop corrective measures for any violations found by the department's
inspection. The department ((may)) shall upon request provide
consultation and technical assistance to assist the provider in developing
effective corrective measures. The department shall include a statement of the
provider's corrective measures in the department's inspection report.
Sec. 8. RCW 70.128.120 and 2000
c 121 s 5 are each amended to read as follows:
Each adult family home
provider and each resident manager shall have the following minimum
qualifications:
(1) Twenty-one years of
age or older;
(2) For those
applying after September 1, 2001, to be licensed as providers, and for resident
managers whose employment begins after September 1, 2001, a high school diploma
or general educational development (GED) certificate;
(3) Good moral
and responsible character and reputation;
(((3))) (4)
Literacy in the English language, however, a person not literate in the
English language may meet the requirements of this subsection by assuring that
there is a person on staff and available who is able to communicate or make
provisions for communicating with the resident in his or her primary language
and capable of understanding and speaking English well enough to be able to
respond appropriately to emergency situations and be able to read and
understand resident care plans;
(((4))) (5)
Management and administrative ability to carry out the requirements of this
chapter;
(((5))) (6)
Satisfactory completion of department-approved basic training and continuing
education training as specified by the department in rule, based on
recommendations of the community long-term care training and education steering
committee and working in collaboration with providers, consumers, caregivers,
advocates, family members, educators, and other interested parties in the
rule-making process;
(((6))) (7)
Satisfactory completion of department-approved, or equivalent, special care
training before a provider may provide special care services to a resident;
(((7))) (8)
Not been convicted of any crime listed in RCW 43.43.830 and 43.43.842;((and
(8) Effective July
1, 1996,)) (9) Registered
with the department of health; and
(10) For those
applying after September 1, 2001, to be licensed as providers, and for resident
managers whose employment begins after September 1, 2001, at least three
hundred twenty hours of successful, direct caregiving experience obtained after
age eighteen to vulnerable adults in a licensed or contracted setting prior to
operating or managing an adult family home.
NEW SECTION. Sec.
9. A new section is added
to chapter 70.128 RCW to read as follows:
Adult family homes
shall comply with the provisions of chapter 70.24 RCW.
NEW SECTION. Sec.
10. A new section is added
to chapter 70.128 RCW to read as follows:
In order to prevent
disruption to current residents, at the request of the current licensed
provider, the department shall give processing priority to the application of a
person seeking to be licensed as the new provider for the adult family home. The
department may issue a provisional license when a currently licensed adult
family home provider has applied to be licensed as the new provider for a
currently licensed adult family home, the application has been initially
processed, and all that remains to complete the application process is an
on-site inspection.
NEW SECTION. Sec.
11. A new section is added
to chapter 70.128 RCW to read as follows:
The department shall
implement, as part of the required training and continuing education, food
safety training integrated into the curriculum that meets the standards
established by the state board of health pursuant to chapter 69.06 RCW.
Individual food handler permits are not required for persons who successfully
complete the training.
NEW SECTION. Sec.
12. A new section is added
to chapter 70.128 RCW to read as follows:
The department shall
work with the providers and resident communities to develop opportunities for
licensing and quality assurance staff to become familiar with the actual
environment and the daily hands-on routine of care and services in an adult
family home.
NEW SECTION. Sec.
13. A new section is added
to chapter 74.39A RCW to read as follows:
An employer providing
home and community services, including facilities licensed under chapters
18.51, 18.20, and 70.128 RCW, an employer of a program authorized under RCW
71A.12.040(10), or an in-home services agency employer licensed under chapter
70.127 RCW, who discloses information about a former or current employee to a
prospective home and community services employer, nursing home employer, or are
an in-home services agency employer, is presumed to be acting in good faith and
is immune from civil and criminal liability for such disclosure or its
consequences if the disclosed information relates to: (1) The employee's
ability to perform his or her job; (2) the diligence, skill, or reliability
with which the employee carried out the duties of his or her job; or (3) any
illegal or wrongful act committed by the employee when related to his or her
ability to care for a vulnerable adult. For purposes of this section, the
presumption of good faith may only be rebutted upon a showing by clear and
convincing evidence that the information disclosed by the employer was
knowingly false or made with reckless disregard for the truth of the
information disclosed. Should the employee successfully rebut the presumption
of good faith standard in a court of competent jurisdiction, and therefore be
the prevailing party, the prevailing party shall be entitled to recover
reasonable attorneys' fees against the employer. Nothing in this section shall
affect or limit any other state, federal, or constitutional right otherwise
available.
NEW SECTION. Sec.
14. The following acts or
parts of acts are each repealed:
(1) RCW 70.128.061 (Moratorium on
authorization of adult family home licenses) and 1997 c 392 s 402; and
(2) RCW 70.128.062 (Rule-making authority to
implement RCW 70.128.061) and 1997 c 392 s 403.
NEW
SECTION. Sec. 15. Section 11 of this act
takes effect March 2, 2002.
