Brief Description: Requiring the department of social and health services to defend temporary managers in nursing homes.

Sponsors: By Representatives Green, Bailey and Cody; by request of Department of Social and Health Services.

House Committee on Judiciary
Senate Committee on Health & Long-Term Care

Background:

The Department of Social and Health Services (DSHS) licenses nursing homes and monitors their compliance with state and federal regulations. If a nursing home is not in compliance with regulations, the DSHS may impose penalties and use other remedies to force compliance.

The DSHS may appoint a temporary manager to oversee the operation of the nursing home when the nursing home has a history of noncompliance, has a certain number of deficiencies during one inspection, or has been unable to provide an acceptable plan to correct deficiencies.

When the DSHS appoints a temporary manager, the licensee must immediately turn over the operation of the nursing home to the temporary manager. The temporary manager must protect the health, security, and welfare of the residents, and may perform such acts as overseeing facility closure, temporarily relocating residents, managing employees, entering into contracts, and making expenditures.

The DSHS must terminate the temporary management after three months unless there is good cause to continue it.

A person or entity with experience in providing long-term care and a history of nursing home operation may apply to become a temporary manager.

An intentional tort generally requires that the person act with purpose or intent to achieve the result or that the person believed the consequences were substantially certain to result from the person's act. Intentional torts do not include acts that are considered negligent, grossly negligent, or reckless.

Summary:

The DSHS shall indemnify, defend, and hold harmless a temporary manager of a nursing home against claims made against the temporary manager for the temporary manager's or its agent's actions that are not intentional torts or criminal behavior.

Votes on Final Passage:

House   95   0
Senate   46   0

Effective: July 24, 2005