Brief Description: Improving fairness and protection in boarding homes and adult family homes.

Sponsors: Senate Committee on Health & Long-Term Care (originally sponsored by Senators Winsley, Thibaudeau and Kohl-Welles).

Hearing Date: 3/31/03

Staff: Dave Knutson (786-7146).

Background:

Boarding homes, and adult family homes are regulated by the Department of Social and Health Services (Department). The Department makes regular unannounced inspections, and must respond to complaints under terms described in statute. Complaints involving imminent danger to the health, safety or well-being of a resident must be responded to within two days. The

Department is authorized to take actions if licensees fail to meet licensing requirements, if they operate without a license, provide false information, or interfere with inspections or investigations. Any of the above may be cause for the Department to refuse an initial license, or to impose reasonable conditions on a contract, to levy civil penalties, or to suspend, revoke or deny a renewal. The Department is also authorized to suspend admissions to any facility found in violation of licensure or contract agreements.

After the Department has imposed a stop placement due to serious, recurring, or uncorrected violations, and in situations where there has been an actual or threatened harm to one or more residents, the Department must make an on-site revisit as soon as appropriate to ensure that the violation has been corrected. The language in statute concerning serious, recurring and uncorrected violations has been interpreted as providing too much latitude for enforcement purposes. Facility operators report that heavy sanctions are being levied for violations that are not serious, and the Long-term Care Ombudsman reports that the Department is issuing insignificant fines against operators who commit serious and repeated violations.

Summary of Bill:

Change of ownership rules of boarding homes and adult family homes are clarified and simplified.

A new owner is responsible for fixing problems identified in previous owners' inspections, and correcting plans of action.

If a facility has violations when a new owner takes over, the new owner must make sure they are corrected.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.