BILL REQ. #:  H-0696.2 

Read first time 01/28/2003.   Referred to Committee on Health Care.

     AN ACT Relating to preventing increase in the regulatory costs on long-term care providers; amending RCW 18.20.090, 18.51.070, 70.128.040, and 74.08.090; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds it is constrained by the budget deficit and the lack of revenue, as are the long-term care providers that Washington state contracts with to provide services to state clients. Although the state has been unable to keep up with the cost of inflation in long-term care, the state has continued to increase the amount and the cost of compliance with rules. While most rules are well-meaning and intended to assure quality of care, the state cannot assure quality of care through rule alone. Additionally as the cost of complying with rules increases and the state payment for long-term care does not keep pace with these increasing costs, the private-pay residents ultimately pay more than their share.

Sec. 2   RCW 18.20.090 and 1985 c 213 s 6 are each amended to read as follows:
     (1) The department shall adopt, amend, and promulgate such rules, regulations, and standards with respect to all boarding homes and operators thereof to be licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate care of individuals in boarding homes and the sanitary, hygienic and safe conditions of the boarding home in the interest of public health, safety, and welfare.
     (2) Beginning the effective date of this act, the department shall not adopt any new or additional rules that increase the cost of compliance for boarding homes unless the department repeals rules of equal or greater compliance costs.

Sec. 3   RCW 18.51.070 and 1979 ex.s. c 211 s 64 are each amended to read as follows:
     (1) The department, after consultation with the nursing home advisory council and the board of health, shall adopt, amend, and promulgate such rules, regulations, and standards with respect to all nursing homes to be licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate medical and nursing care of individuals in nursing homes and the sanitary, hygienic and safe conditions of the nursing home in the interest of public health, safety, and welfare.
     (2) Beginning the effective date of this act, the department shall not adopt any new or additional rules that increase the cost of compliance for nursing homes unless the department repeals rules of equal or greater compliance costs. The department may adopt rules to comply with mandates of the federal government affecting nursing homes, but the department may not exceed the mandate of the federal legislation or rule.

Sec. 4   RCW 70.128.040 and 1995 c 260 s 3 are each amended to read as follows:
     (1) The department shall adopt rules and standards with respect to adult family homes and the operators thereof to be licensed under this chapter to carry out the purposes and requirements of this chapter. The rules and standards relating to applicants and operators shall address the differences between individual providers and providers that are partnerships, corporations, associations, or companies. The rules and standards shall also recognize and be appropriate to the different needs and capacities of the various populations served by adult family homes such as but not limited to the developmentally disabled and the elderly. In developing rules and standards the department shall recognize the residential family-like nature of adult family homes and not develop rules and standards which by their complexity serve as an overly restrictive barrier to the development of the adult family homes in the state. Procedures and forms established by the department shall be developed so they are easy to understand and comply with. Paper work requirements shall be minimal. Easy to understand materials shall be developed for applicants and providers explaining licensure requirements and procedures.
     (2) In developing the rules and standards, the department shall consult with all divisions and administrations within the department serving the various populations living in adult family homes, including the division of developmental disabilities and the aging and adult services administration. Involvement by the divisions and administration shall be for the purposes of assisting the department to develop rules and standards appropriate to the different needs and capacities of the various populations served by adult family homes. During the initial stages of development of proposed rules, the department shall provide notice of development of the rules to organizations representing adult family homes and their residents, and other groups that the department finds appropriate. The notice shall state the subject of the rules under consideration and solicit written recommendations regarding their form and content.
     (3) Except where provided otherwise, chapter 34.05 RCW shall govern all department rule-making and adjudicative activities under this chapter.
     (4) Beginning the effective date of this act, the department shall not adopt any new or additional rules that increase the cost of compliance for adult family homes unless the department repeals rules of equal or greater compliance costs.

Sec. 5   RCW 74.08.090 and 1969 ex.s. c 173 s 5 are each amended to read as follows:
     (1) The department is hereby authorized to make rules and regulations not inconsistent with the provisions of this title to the end that this title shall be administered uniformly throughout the state, and that the spirit and purpose of this title may be complied with. The department shall have the power to compel compliance with the rules and regulations established by it. Such rules and regulations shall be filed in accordance with the Administrative Procedure Act, as it is now or hereafter amended, and copies shall be available for public inspection in the office of the department and in each county office.
     (2) Beginning the effective date of this act, the department shall not adopt any new or additional rules that increase the cost of compliance for adult day health or adult day care programs unless the department repeals rules of equal or greater compliance costs.

NEW SECTION.  Sec. 6   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 7   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.