BILL REQ. #:  H-1394.1 

Read first time 02/03/09.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to adult family homes; amending RCW 70.128.040; and adding a new section to chapter 70.128 RCW.

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

Sec. 1   RCW 70.128.040 and 2007 c 184 s 8 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 persons who are developmentally disabled or 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)(a) 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.
     (b) In addition, the department shall engage in negotiated rule making pursuant to RCW 34.05.310(2)(a) with the exclusive representative of the adult family home licensees selected in accordance with RCW 70.128.043 and with other affected interests before adopting requirements that affect adult family home licensees.
     (3) Except where provided otherwise, chapter 34.05 RCW shall govern all department rule-making and adjudicative activities under this chapter.
     (4) The department shall establish a specialty license to include geriatric specialty certification for providers who have successfully completed the University of Washington school of nursing certified geriatric certification program and testing.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.128 RCW to read as follows:
     Restrictive covenants are void if they have the effect of limiting, in any way, directly or indirectly, the ability of persons with disabilities to live in the residence of their choice in the community, or limit, in any way, directly or indirectly, the ability of any persons associated with the disabled, including persons and legal entities operating adult family homes licensed under chapter 70.128 RCW as for-profit businesses to provide housing, personal care, special care, and room and board to more than one but not more than six disabled, elderly, or vulnerable adults who are not related by blood or marriage to the person or persons providing the services to the disabled. This section shall apply to all adult family homes licensed under chapter 70.128 RCW and apply to existing adult family homes as well as future adult family homes.