CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1426

 

 

                    Chapter 85, Laws of 2001

 

 

                        57th Legislature

                2001 Regular Legislative Session

 

 

BOARDING HOMES--QUALITY IMPROVEMENT

 

 

 

                    EFFECTIVE DATE:  4/19/01

Passed by the House March 9, 2001

  Yeas 95   Nays 0

 

 

              FRANK CHOPP

Speaker of the House of Representatives

     

 

 

             CLYDE BALLARD

Speaker of the House of Representatives

 

 

 

Passed by the Senate April 6, 2001

  Yeas 46   Nays 0

             CERTIFICATE

 

We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1426  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

           CYNTHIA ZEHNDER

                          Chief Clerk

 

 

          TIMOTHY A. MARTIN

                          Chief Clerk

               BRAD OWEN

President of the Senate

 

 

 

Approved April 19, 2001 Place Style On Codes above, and Style Off Codes below.               

                                FILED                

 

           April 19, 2001 - 4:50 p.m.

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1426

          _______________________________________________

 

             Passed Legislature - 2001 Regular Session

 

State of Washington      57th Legislature     2001 Regular Session

 

By House Committee on Health Care (originally sponsored by Representatives Edmonds, Skinner, Cody, Pflug, Dunn, Schual‑Berke, Boldt, Kagi, Kenney, Campbell, Conway and Marine)

 

Read first time 02/27/2001.  Referred to Committee on .

Establishing a quality improvement program for boarding homes. 


    AN ACT Relating to the establishment of a quality improvement program for boarding homes; amending RCW 18.20.115; adding a new section to chapter 18.20 RCW; and declaring an emergency.

 

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

 

    Sec. 1.  RCW 18.20.115 and 1997 c 392 s 213 are each amended to read as follows:

    The ((department's system of quality improvement for long-term care services shall use)) department shall, within available funding for this purpose, develop and make available to boarding homes a quality improvement consultation program using the following principles((, consistent with applicable federal laws and regulations)):

    (1) The system shall be resident-centered and promote privacy, independence, dignity, choice, and a home or home-like environment for residents consistent with chapter 70.129 RCW.

    (2) The goal of the system is continuous quality improvement with the focus on resident satisfaction and outcomes for residents.  ((This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, and advocates in addition to interviewing appropriate staff.)) The quality improvement consultation program shall be offered to boarding homes on a voluntary basis.  Based on requests for the services of the quality improvement consultation program, the department may establish a process for prioritizing service availability.

    (3) ((Facilities)) Boarding homes should be supported in their efforts to improve quality and address ((identified)) problems, as identified by the licensee, initially through training, consultation, and technical assistance.  At a minimum, the department may, within available funding, at the request of the boarding home, conduct on-site visits and telephone consultations.

    (4) To facilitate collaboration and trust between the boarding homes and the department's quality improvement consultation program staff, the consultation program staff shall not simultaneously serve as department licensors, complaint investigators, or participate in any enforcement-related decisions, within the region in which they perform consultation activities; except such staff may investigate on an  emergency basis, complaints anywhere in the state when the complaint indicates high risk to resident health or safety.  Any records or information gained as a result of their work under the quality improvement consultation program shall not be disclosed to or shared with nonmanagerial department licensing or complaint investigation staff, unless necessary to carry out duties described under chapter 74.34 RCW.  The emphasis should be on problem prevention ((both in monitoring and in screening potential providers of service)).  Nothing in this section shall limit or interfere with the consultant's mandated reporting duties under chapter 74.34 RCW.

    (5) ((Monitoring should be outcome based and responsive to resident complaints and a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to facilities.

    (6) Prompt and specific enforcement remedies shall also be implemented without delay, consistent with RCW 18.20.190, for facilities found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents.  These enforcement remedies may also include, when appropriate, reasonable conditions on a license.  In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance.

    (7) To the extent funding is available, the licensee, administrator, and their staff should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable adults.  Employees may be provisionally hired pending the results of the background check if they have been given three positive references.

    (8))) The department shall promote the development of a training system that is practical and relevant to the needs of residents and staff.  To improve access to training, especially for rural communities, the training system may include, but is not limited to, the use of satellite technology distance learning that is coordinated through community colleges or other appropriate organizations.

    (((9) No licensee, administrator, or staff, or prospective licensee, administrator, or staff, with a stipulated finding of fact, conclusion of law, and agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into the state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults.))

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 18.20 RCW to read as follows:

    (1) Monitoring should be outcome based and responsive to resident complaints and a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to facilities.  This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, and advocates in addition to interviewing appropriate staff.

    (2) Prompt and specific enforcement remedies shall also be implemented without delay, consistent with RCW 18.20.190, for facilities found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents.  These enforcement remedies may also include, when appropriate, reasonable conditions on a license.  In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance.

    (3) To the extent funding is available, the licensee, administrator, and their staff should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable adults.  Employees may be provisionally hired pending the results of the background check if they have been given three positive references.

    (4) No licensee, administrator, or staff, or prospective licensee, administrator, or staff, with a stipulated finding of fact, conclusion of law, and agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into the state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults.

 

    NEW SECTION.  Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.


    Passed the House March 9, 2001.

    Passed the Senate April 6, 2001.

Approved by the Governor April 19, 2001.

    Filed in Office of Secretary of State April 19, 2001.