BILL REQ. #: H-0334.1
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/15/2003. Referred to Committee on Health Care.
AN ACT Relating to health facility quality assurance and patient protection; adding a new chapter to Title 70 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds and declares that it
is in the interest of the public health and safety to assure access to
quality facility-based health care services that minimizes risks to
patient safety. Quality assurance includes the ability of the state to
redress risks to patient safety effectively and efficiently with a
rapid remediation system that operates in tandem with a broad range of
remedies for correcting defective hospital health care services. The
availability of a cooperative rapid remediation system in lieu of
sanctions offers a prudent opportunity to address health and safety
problems that minimizes risks to patient safety and avoids the delays
and inconveniences of the formal sanctioning process. In addition, the
availability of a selected range of sanctioning options ensures that
deficient health standards are addressed in a manner that is tailored
to correcting hospital health and safety problems more appropriately.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Administrative action" means a formal process that either the
department or a facility may use to determine the existence of a
condition that is not compliant with the statutes and rules applicable
to that facility and the most appropriate corrective sanctions to
correct a noncompliant condition.
(2) "Department" means the department of health.
(3) "Facility" means a facility or service as listed in section 3
of this act.
(4) "Informal order" means a description prepared by the department
that explains the procedures and methods to be used by a facility to
correct conditions at the facility that are not compliant with the
statutes and rules applicable to that facility.
(5) "Plan of correction" means a description prepared by a facility
and approved by the department that explains the procedures and methods
to be used to correct conditions at a facility that are not compliant
with the statutes and rules applicable to that facility.
NEW SECTION. Sec. 3 This chapter applies only to those
facilities or services specified in this section. This chapter does
not apply to a facility or service not specifically cited in this
section. The facilities or services covered by this section are:
(1) Acute care hospitals licensed under chapter 70.41 RCW;
(2) Psychiatric hospitals licensed under chapter 71.12 RCW; and
(3) Alcohol and chemical dependency hospitals licensed under
chapter 71.12 RCW.
NEW SECTION. Sec. 4 The department is authorized to survey and
inspect facilities as provided in the applicable statutes and rules for
those facilities covered under section 3 of this act to determine
compliance with the conditions of licensure. In all instances,
facilities must provide to the department full and open access to all
areas of the premises and all documents and records that are related to
the provision of care, the standards of licensure, or the treatment of
any patient.
NEW SECTION. Sec. 5 (1) A facility that fails to comply with the
applicable statutes and rules for licensure must make the changes
necessary to bring the facility's operation into compliance as required
by the department.
(2) The department is authorized to use the following procedures to
ensure that the facility is compliant with all applicable statutes and
rules for licensure:
(a) A plan of correction;
(b) An informal order; or
(c) An administrative action authorized under section 6 of this
act.
(3) Failure or refusal to comply with the terms of a plan of
correction or an informal order are grounds for an administrative
action authorized under section 6 of this act. Where an administrative
action is brought for these reasons, the department may also address
other facility conditions that do not comply with the statutes and
rules for licensure, including the conditions that were the basis for
the plan of correction or informal order.
(4) In determining which procedure to use under subsection (2) of
this section, the department shall consider the speed,
comprehensiveness, and reliability of the remediation.
NEW SECTION. Sec. 6 (1) An administrative action must be
conducted in accordance with the requirements of an adjudicative
proceeding under chapter 34.05 RCW and, as applicable, RCW 43.70.115.
(2) During an administrative action, the presiding officer is
responsible for conducting the proceedings of an administrative action,
issuing findings of fact, and entering orders as provided in chapter
34.05 RCW.
(3) At the conclusion of an adjudicative proceeding conducted
pursuant to an administrative action where the facility is found to
have been out of compliance with the applicable statutes and rules for
licensure, the presiding officer may enter an order requiring
corrective sanctions. In determining the appropriate corrective
sanctions, the presiding officer must consider the health, safety, and
welfare of the public and, where appropriate, tailor the corrective
sanctions to educate and rehabilitate the facility. Corrective
sanctions include one or more of the following:
(a) Revocation of the license;
(b) Suspension of the license for a fixed or conditional term;
(c) Restriction, condition, modification, or limitation of the
license;
(d) Requiring the satisfactory completion of a specific training or
education program;
(e) Monitoring and evaluating the hospital through an independent
agent approved by the department;
(f) Censure or reprimand;
(g) Payment of a fine for each violation not to exceed five
thousand dollars per violation. Funds received must be placed in the
department's local fee account;
(h) Requiring the satisfactory completion of a corrective action
and payment of all necessary costs for the remedy;
(i) Requiring the refunding of fees billed to and collected from
the patient; and
(j) Reimbursement of the costs incurred by the department for the
investigation of the matter and pursuing the administrative action.
(4) All costs necessary to comply with an order issued under this
section are the obligation of the facility.
(5) An order may be stayed, in whole or in part, by the department
if it is determined to be in the best interest of the public health.
(6) After a statement of charges has been issued under an
administrative action, but prior to the issuance of findings of fact
and an order by the presiding officer, the department and the facility
may enter into an agreed order disposing of the charges. Such an
agreed order must include one or more of the sanctions and specific
findings of conditions that are not in compliance with the applicable
statutes and rules for licensure.
NEW SECTION. Sec. 7 The department is authorized to adopt rules
consistent with this chapter to carry out the purpose of this chapter.
NEW SECTION. Sec. 8 This act may be known and cited as the
health facility quality assurance and patient protection act.
NEW SECTION. Sec. 9 Sections 1 through 8 of this act constitute
a new chapter in Title