Passed by the House April 24, 2009 Yeas 70   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 22, 2009 Yeas 32   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1935 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 03/02/09.
AN ACT Relating to adult family homes; amending RCW 70.128.040, 70.128.005, and 70.128.060; adding a new section to chapter 70.128 RCW; and adding a new section to chapter 64.38 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.
Sec. 2 RCW 70.128.005 and 2001 c 319 s 1 are each amended to read
as follows:
(1) The legislature finds that:
(a) 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.
(b) 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)) persons with developmental
disabilities and ((the)) elderly persons, often have significantly
different needs and capacities from one another.
(c) There is a need to update certain restrictive covenants to take
into consideration the legislative findings cited in (a) and (b) of
this subsection; the need to prevent or reduce institutionalization;
and the legislative and judicial mandates to provide care and services
in the least restrictive setting appropriate to the needs of the
individual. Restrictive covenants which directly or indirectly
restrict or prohibit the use of property for adult family homes (i) are
contrary to the public interest served by establishing adult family
homes and (ii) discriminate against individuals with disabilities in
violation of RCW 49.60.224.
(2) 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.
(3) 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.
(4) 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.
NEW SECTION. Sec. 3 A new section is added to chapter 70.128 RCW
to read as follows:
(1) To effectuate the public policies of this chapter, restrictive
covenants may not limit, directly or indirectly:
(a) Persons with disabilities from living in an adult family home
licensed under this chapter; or
(b) Persons and legal entities from operating adult family homes
licensed under this chapter, whether for-profit or nonprofit, to
provide services covered under this chapter. However, this subsection
does not prohibit application of reasonable nondiscriminatory
regulation, including but not limited to landscaping standards or
regulation of sign location or size, that applies to all residential
property subject to the restrictive covenant.
(2) This section applies retroactively to all restrictive covenants
in effect on the effective date of this section. Any provision in a
restrictive covenant in effect on or after the effective date of this
section that is inconsistent with subsection (1) of this section is
unenforceable to the extent of the conflict.
NEW SECTION. Sec. 4 A new section is added to chapter 64.38 RCW
to read as follows:
(1) To effectuate the public policy of chapter 70.128 RCW, the
governing documents may not limit, directly or indirectly:
(a) Persons with disabilities from living in an adult family home
licensed under chapter 70.128 RCW; or
(b) Persons and legal entities from operating adult family homes
licensed under chapter 70.128 RCW, whether for-profit or nonprofit, to
provide services covered under chapter 70.128 RCW. However, this
subsection does not prohibit application of reasonable
nondiscriminatory regulation, including but not limited to landscaping
standards or regulation of sign location or size, that applies to all
residential property subject to the governing documents.
(2) This section applies retroactively to any governing documents
in effect on the effective date of this section. Any provision in a
governing document in effect on or after the effective date of this
section that is inconsistent with subsection (1) of this section is
unenforceable to the extent of the conflict.
Sec. 5 RCW 70.128.060 and 2004 c 140 s 3 are each amended to read
as follows:
(1) An application for license shall be made to the department upon
forms provided by it and shall contain such information as the
department reasonably requires.
(2) Subject to the provisions of this section, the department shall
issue a license to an adult family home if the department finds that
the applicant and the home are in compliance with this chapter and the
rules adopted under this chapter, unless (a) the applicant or a person
affiliated with the applicant has prior violations of this chapter
relating to the adult family home subject to the application or any
other adult family home, or of any other law regulating residential
care facilities within the past five years that resulted in revocation,
suspension, or nonrenewal of a license or contract with the department;
or (b) the applicant or a person affiliated with the applicant has a
history of significant noncompliance with federal, state, or local
laws, rules, or regulations relating to the provision of care or
services to vulnerable adults or to children. A person is considered
affiliated with an applicant if the person is listed on the license
application as a partner, officer, director, resident manager, or
majority owner of the applying entity, or is the spouse of the
applicant.
(3) The license fee shall be submitted with the application.
(4) The department shall serve upon the applicant a copy of the
decision granting or denying an application for a license. An
applicant shall have the right to contest denial of his or her
application for a license as provided in chapter 34.05 RCW by
requesting a hearing in writing within twenty-eight days after receipt
of the notice of denial.
(5) The department shall not issue a license to a provider if the
department finds that the provider or spouse of the provider or any
partner, officer, director, managerial employee, or majority owner has
a history of significant noncompliance with federal or state
regulations, rules, or laws in providing care or services to vulnerable
adults or to children.
(6) The department shall license an adult family home for the
maximum level of care that the adult family home may provide. The
department shall define, in rule, license levels based upon the
education, training, and caregiving experience of the licensed provider
or staff.
(7) The department shall establish, by rule, standards used to
license nonresident providers and multiple facility operators.
(8) The department shall establish, by rule, for multiple facility
operators educational standards substantially equivalent to recognized
national certification standards for residential care administrators.
(9) The license fee shall be set at ((fifty)) one hundred dollars
per year for each home. ((A fifty)) An eight hundred dollar processing
fee shall also be charged each home when the home is initially
licensed. The processing fee will be applied toward the license
renewal in the subsequent three years. A five hundred dollar rebate
will be returned to any home that renews after four years in operation.
(10) A provider who receives notification of the department's
initiation of a denial, suspension, nonrenewal, or revocation of an
adult family home license may, in lieu of appealing the department's
action, surrender or relinquish the license. The department shall not
issue a new license to or contract with the provider, for the purposes
of providing care to vulnerable adults or children, for a period of
twenty years following the surrendering or relinquishment of the former
license. The licensing record shall indicate that the provider
relinquished or surrendered the license, without admitting the
violations, after receiving notice of the department's initiation of a
denial, suspension, nonrenewal, or revocation of a license.
(11) The department shall establish, by rule, the circumstances
requiring a change in the licensed provider, which include, but are not
limited to, a change in ownership or control of the adult family home
or provider, a change in the provider's form of legal organization,
such as from sole proprietorship to partnership or corporation, and a
dissolution or merger of the licensed entity with another legal
organization. The new provider is subject to the provisions of this
chapter, the rules adopted under this chapter, and other applicable
law. In order to ensure that the safety of residents is not
compromised by a change in provider, the new provider is responsible
for correction of all violations that may exist at the time of the new
license.
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.