BILL REQ. #:  S-4351.1 

Read first time 01/18/2006.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to adult family homes; and amending RCW 70.128.005, 70.128.007, and 70.128.040.

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

Sec. 1   RCW 70.128.005 and 2001 c 319 s 1 are each amended to read as follows:
     The legislature finds that adult family homes are an important part of the state's long-term care system. Adult family homes provide an alternative to institutional care ((and)), promote a high degree of independent living for residents, and help integrate the residents into the general community. Persons with functional limitations have broadly varying service needs. Adult family homes that can meet those needs are an essential component of a long-term system. The legislature further finds that different populations living in adult family homes, such as the developmentally disabled and the elderly, often have significantly different needs and capacities from one another.
     It is the legislature's intent that department rules and policies relating to the licensing and operation of adult family homes recognize and accommodate the different needs and capacities of the various populations served by the homes. Furthermore, the development and operation of adult family homes that can provide quality personal care and special care services should be encouraged.
     The legislature finds that many residents of community-based long-term care facilities are vulnerable and their health and well-being are dependent on their caregivers. The quality, skills, and knowledge of their caregivers are the key to good care. The legislature finds that the need for well-trained caregivers is growing as the state's population ages and residents' needs increase. The legislature intends that current training standards be enhanced.
     The legislature finds that the state of Washington has a compelling interest in protecting and promoting the health, welfare, and safety of vulnerable adults residing in adult family homes. The health, safety, and well-being of vulnerable adults must be the paramount concern in determining whether to issue a license to an applicant, whether to suspend or revoke a license, or whether to take other licensing actions.

Sec. 2   RCW 70.128.007 and 2001 c 319 s 5 are each amended to read as follows:
     The purposes of this chapter are to:
     (1) Encourage the establishment and maintenance of adult family homes that provide a humane, safe, and residential home environment for persons with functional limitations who need personal and special care;
     (2) Establish standards for regulating adult family homes that:
     (a) Adequately protect residents; and
     (b) Avoid over-concentration of adult family homes which would be in inconsistent with the objective of integrating residents into the general community;
     (3) Encourage consumers, families, providers, municipalities where adult family homes are located, and the public to become active in assuring their full participation in development of adult family homes that provide high quality and cost-effective care;
     (4) Provide for appropriate care of residents in adult family homes by requiring that each resident have a care plan that promotes the most appropriate level of physical, mental, and psychosocial well-being consistent with client choice; and
     (5) Accord each resident the right to participate in the development of the care plan and in other major decisions involving the resident and their care.

Sec. 3   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 department shall consult with the municipalities to develop rules and standards appropriate to the infrastructure and basic services available in the municipalities, communities, and neighborhoods in which adult family homes are located, and the setting of adult family homes. 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.