1494-S AMH HINK BLAC 035
SHB 1494 - H AMD 398
By Representative Hinkle
WITHDRAWN 03/07/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that locating
acceptable housing and appropriate care for vulnerable adults is an
important aspect of making available an appropriate continuity of care for senior citizens.
(2) The legislature further finds that locating appropriate and
quality housing and care alternatives is sometimes facilitated by
eldercare referral agencies providing or attempting to provide referrals.
(3) The legislature further finds that the registration of eldercare referral agencies is in the interest of public health, safety, and welfare.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Applicant" means an applicant for an eldercare referral agency registration.
(2) "Client" means an senior or a vulnerable adult, or, as applicable, a person, if any, seeking a referral for supportive housing or care services on behalf of a senior or vulnerable adult through an eldercare referral agency. A “client” does not include a person only seeking information.
(3) "Department" means the department of health.
(4) "Eldercare referral agency" and "agency" means a business or person:
(i) Who receives a fee from or on behalf of a vulnerable adult seeking a referral to a provider; or
(ii) Who receives a fee from a care services provider or supportive housing provider because of any referral provided to a client.
(5) "Fee" means anything of value. "Fee" includes money or other valuable consideration or services or the promise of money or other valuable consideration or services, received directly or indirectly by
an eldercare referral agency.
(6) "Information" means general information provided by an agency to a person about the types of supportive housing or care services available in the area that may meet the needs of an elderly or vulnerable adult. “Information” includes specific names of providers of care services or supportive housing if provided to a person, but only if such information is provided as general advertising or is provided solely based on general data such as a person’s geographic location, preferred geographic location, preferred language, and other data that does not include medical records or similar detailed health information.
(7) "Person" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent or any of their employees.
(8)"Provider" means any entity or person that both:
(i) Provides supportive housing or care services to a vulnerable adult for a fee, and
(ii) Provides or is required to provide such housing or services under a state or local business license specific to such housing or services.
(9) “Referral” means (i) the act of an agency giving a client the name or names of specific providers that may meet the needs of the senior or vulnerable adult, or (ii) the act of an agency giving a provider the name of a client for the purposes of enabling the provider to contact the client regarding care services or supportive housing provided by that provider. However, a “referral” does not include the providing of information alone to a person.
(10) "Secretary" means the secretary of health.
(11) "Supportive housing" means any type of housing that both:
(i) Includes services for care needs, and
(ii) Is designed for prospective residents who are vulnerable adults. Supportive housing means nursing homes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, adult family homes licensed under chapter 70.128 RCW, and continuing care retirement communities under RCW 70.38.025.
(11) "Vulnerable adult" has the same meaning as in RCW 74.34.020.
NEW SECTION. Sec. 3. After July 1, 2012, a person operating or
maintaining an agency in this state must be registered by the department.
NEW SECTION. Sec. 4. (1) The secretary shall administer the provisions of this chapter and adopt reasonable rules for enforcing and carrying out the provisions of this chapter.
(2) The secretary has supervisory and investigative authority over eldercare referral agencies’ compliance with this chapter. Upon receiving a complaint against any agency, the secretary has the right to examine the books, documents, or records in the possession of an agency solely in order to determine the agency’s compliance with this chapter.
NEW SECTION. Sec. 5. (1) As a condition of obtaining and maintaining a valid agency registration, each agency must provide evidence of having general liability insurance.
(2) The minimum amount of general liability insurance required is one million dollars annual aggregate.
NEW SECTION. Sec. 6. It is a misdemeanor for any person to operate an agency business in this state unless he or she has an agency registration issued under this chapter.
NEW SECTION. Sec. 7. An employee of an agency who provides referrals to clients must pass a criminal background check every twenty-four months. To pass such criminal background check, the employee must not have been convicted of any crime that is disqualifying under RCW 43.43.830 or 43.43.842, or been found by a court of law or disciplinary authority to have abused, neglected, financially exploited, or abandoned a vulnerable adult. The rules adopted under this section shall permit the licensee to consider the criminal history of an applicant for employment in a licensed facility when the applicant has one or more convictions for a past offense described in this chapter. An individual responding to a criminal background inquiry request from his or her employer or potential employer shall disclose the information about his or her criminal history under penalty of perjury. The secretaries shall use any such information provided by an agency or agency employee solely for the purpose of determining an agency’s compliance with the requirements of this chapter. Criminal justice agencies shall provide the secretaries such information as they may have and that the secretaries may require for such purpose. The secretary and any agency enforcing this chapter will not deny or revoke a license that is required by this chapter unless it demonstrates (a) an intentional and substantial pattern of noncompliance by an eldercare referral agency that was known or should have, through reasonable diligence, been known by an officer or owner of the agency prior to receiving notice from the secretary or enforcing agency, or (b) a failure by an eldercare referral agency to timely cure any noncompliance of this chapter of which the eldercare referral agency receives written notice by the secretary or an enforcing agency or which was known by an officer or owner of the agency.
NEW SECTION. Sec. 8. An applicant for an eldercare referral agency registration or a renewal must file with the secretary a written application stating (1) the name and address of the applicant, (2) the street address of the agency, (3) the name of the general manager of the office, and (4) the name of the business. The application must be signed by the applicant. If the applicant is a corporation, the application must identify the state of incorporation of the corporation and be signed by an officer thereof. If the applicant is a partnership, the application must also state the names and addresses of all partners and must be signed by all of them. At the time of the application for or renewal of a registration or provisional registration the applicant must pay a registration fee as established by the secretary. Each registration is valid for a period of twelve months.
NEW SECTION. Sec. 9. In addition to any other authority provided by law, the secretary has the authority to:
(1) Set all elder placement agency initial registration and renewal fees in accordance with 43.70.250 and to collect and deposit all such fees in the health professions account established under RCW 43.70.320. The secretary may waive the fees when, in the discretion of the secretary, the fees would not be in the best interest of public health and safety, or when the fees would be to the financial disadvantage of the state. Fees charged shall be based on, but shall not exceed, the cost to the department for the licensure of the activity and may include costs of necessary records inspection. Department of health advisory committees may review fees established by the secretary for licenses and comment upon the appropriateness of the level of such fees.
(2) Establish forms and procedures necessary to administer this
chapter;
(3) Hire clerical, administrative, and investigative staff as needed to implement this chapter;
(4) Issue an eldercare agency registration to any applicant who has met the requirements of this chapter and deny a registration to any applicant who fails to meet these requirements;
(5) Maintain the official record for the department of all applicants and persons with registrations and certificates under this chapter; and
(6) Deny or revoke agency licenses issued under this chapter if an agency fails to comply with the provisions hereof.
NEW SECTION. Sec. 10. The uniform disciplinary act, chapter 18.130 RCW, governs unregistered practice and the issuance and denial of registrations. However, agencies are not health care providers and 18.130.080, 18.130.160, and 18.130.180 RCW will not apply to agencies. The secretary is the disciplining authority under this chapter.
NEW SECTION. Sec. 11. Agencies and their employees, owners, and officers will not be considered providers and will not be liable or responsible for the acts or omissions of a provider.
NEW SECTION. Sec. 12. Nothing in this chapter will limit, specify, or otherwise regulate the fees charged by an agency to a provider for a referral.
NEW SECTION. Sec. 13. This chapter may be known and cited as the "eldercare referral act."
NEW SECTION. Sec. 14. Sections 1 through 13 of this act constitute a new chapter under Title 18 RCW.
NEW SECTION. Sec. 15. 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.
Sec. 16. RCW 18.130.040 and 2010 c 286 s 18 are each amended to read as follows:
(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.
(2)(a) The secretary has authority under this chapter in relation to the following professions:
(i) Dispensing opticians licensed and designated apprentices under chapter 18.34 RCW;
(ii) Naturopaths licensed under chapter 18.36A RCW;
(iii) Midwives licensed under chapter 18.50 RCW;
(iv) Ocularists licensed under chapter 18.55 RCW;
(v) Massage operators and businesses licensed under chapter 18.108 RCW;
(vi) Dental hygienists licensed under chapter 18.29 RCW;
(vii) East Asian medicine practitioners licensed under chapter 18.06 RCW;
(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;
(ix) Respiratory care practitioners licensed under chapter 18.89 RCW;
(x) Hypnotherapists and agency affiliated counselors registered and advisors and counselors certified under chapter 18.19 RCW;
(xi) Persons licensed as mental health counselors, mental health counselor associates, marriage and family therapists, marriage and family therapist associates, social workers, social work associates‑-advanced, and social work associates‑-independent clinical under chapter 18.225 RCW;
(xii) Persons registered as nursing pool operators under chapter 18.52C RCW;
(xiii) Nursing assistants registered or certified under chapter 18.88A RCW;
(xiv) Health care assistants certified under chapter 18.135 RCW;
(xv) Dietitians and nutritionists certified under chapter 18.138 RCW;
(xvi) Chemical dependency professionals and chemical dependency professional trainees certified under chapter 18.205 RCW;
(xvii) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW;
(xviii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;
(xix) Denturists licensed under chapter 18.30 RCW;
(xx) Orthotists and prosthetists licensed under chapter 18.200 RCW;
(xxi) Surgical technologists registered under chapter 18.215 RCW;
(xxii) Recreational therapists;
(xxiii) Animal massage practitioners certified under chapter 18.240 RCW;
(xxiv) Athletic trainers licensed under chapter 18.250 RCW;
(xxv) Home care aides certified under chapter 18.88B
RCW; ((and))
(xxvi) Genetic counselors licensed under chapter 18.290 RCW; and
(xxvii) Eldercare referral agencies registered under chapter -- RCW (the new chapter established by section 15 of this act).
(b) The boards and commissions having authority under this chapter are as follows:
(i) The podiatric medical board as established in chapter 18.22 RCW;
(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;
(iii) The dental quality assurance commission as established in chapter 18.32 RCW governing licenses issued under chapter 18.32 RCW and licenses and registrations issued under chapter 18.260 RCW;
(iv) The board of hearing and speech as established in chapter 18.35 RCW;
(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;
(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;
(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;
(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;
(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;
(x) The board of physical therapy as established in chapter 18.74 RCW;
(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;
(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses and registrations issued under that chapter;
(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and
(xiv) The veterinary board of governors as established in chapter 18.92 RCW.
(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses. The disciplining authority may also grant a license subject to conditions.
(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section."
Correct the title.
|
|
EFFECT: Eliminates elements of the underlying bill relating to "elder and vulnerable adult referral agencies," including disclosure statements, intake forms, recordkeeping requirements, refund policies, and Consumer Protection Act enforcement.
|
--- END ---