SSB 5708 -
By Senators Keiser, Pflug, Becker
ADOPTED 03/02/2011
Beginning on page 6, line 33, strike all of sections 6 and 7 and insert the following:
"Sec. 6 RCW 70.127.040 and 2003 c 275 s 3 and 2003 c 140 s 8 are
each reenacted and amended to read as follows:
The following are not subject to regulation for the purposes of
this chapter:
(1) A family member providing home health, hospice, or home care
services;
(2) A person who provides only meal services in an individual's
permanent or temporary residence;
(3) An individual providing home care through a direct agreement
with a recipient of care in an individual's permanent or temporary
residence;
(4) A person furnishing or delivering home medical supplies or
equipment that does not involve the provision of services beyond those
necessary to deliver, set up, and monitor the proper functioning of the
equipment and educate the user on its proper use;
(5) A person who provides services through a contract with a
licensed agency;
(6) An employee or volunteer of a licensed agency who provides
services only as an employee or volunteer;
(7) Facilities and institutions, including but not limited to
nursing homes under chapter 18.51 RCW, hospitals under chapter 70.41
RCW, adult family homes under chapter 70.128 RCW, boarding homes under
chapter 18.20 RCW, developmental disability residential programs under
chapter 71A.12 RCW, other entities licensed under chapter 71.12 RCW, or
other licensed facilities and institutions, only when providing
services to persons residing within the facility or institution;
(8) Local and combined city-county health departments providing
services under chapters 70.05 and 70.08 RCW;
(9) An individual providing care to ill individuals, ((disabled))
individuals with disabilities, or vulnerable individuals through a
contract with the department of social and health services;
(10) Nursing homes, hospitals, or other institutions, agencies,
organizations, or persons that contract with licensed home health,
hospice, or home care agencies for the delivery of services;
(11) In-home assessments of an ill individual, ((disabled)) an
individual with a disability, or a vulnerable individual that does not
result in regular ongoing care at home;
(12) Services conducted by and for the adherents of a church or
religious denomination that rely upon spiritual means alone through
prayer for healing in accordance with the tenets and practices of such
church or religious denomination and the bona fide religious beliefs
genuinely held by such adherents;
(13) A medicare-approved dialysis center operating a medicare-approved home dialysis program;
(14) A person providing case management services. For the purposes
of this subsection, "case management" means the assessment,
coordination, authorization, planning, training, and monitoring of home
health, hospice, and home care, and does not include the direct
provision of care to an individual;
(15) Pharmacies licensed under RCW 18.64.043 that deliver
prescription drugs and durable medical equipment that does not involve
the use of professional services beyond those authorized to be
performed by licensed pharmacists pursuant to chapter 18.64 RCW and
those necessary to set up and monitor the proper functioning of the
equipment and educate the person on its proper use;
(16) A volunteer hospice complying with the requirements of RCW
70.127.050; ((and))
(17) A person who provides home care services without compensation;
and
(18) Nursing homes that provide telephone or web-based transitional
care management services.
NEW SECTION. Sec. 7 A new section is added to chapter 74.42 RCW
to read as follows:
(1) Nursing facilities may provide telephone or web-based
transitional care management services to persons discharged from the
facility to home for up to thirty days postdischarge.
(2) When a nursing facility provides transitional care management
services, the facility must coordinate postdischarge care and service
needs with in-home agencies licensed under chapter 70.127 RCW, and
other authorized care providers, to promote evidence-based transition
care planning. In-home service agencies and other authorized care
providers, including the department, shall, when appropriate, determine
resident eligibility for postdischarge care and services and coordinate
with nursing facilities to plan a safe transition of the client to the
home setting. When a resident is discharged to home and is without in-home care or services due to the resident's refusal of care or their
ineligibility for care, the nursing facility may provide telephone or
web-based transitional care management services. These services may
include care coordination services, review of the discharge plan,
instructions to promote compliance with the discharge plan, reminders
or assistance with scheduling follow-up appointments with other health
care professionals consistent with the discharge plan, and promotion of
self-management of the client's health condition. Web-based transition
care services may include patient education and the provision of
services described in this section. They are not intended to include
telehealth monitoring.
(3) If the nursing facility identifies concerns in client care that
result from telephone or web-based transitional care management
services, the nursing facility will notify the client's primary care
physician. The nursing facility will also discuss with the client
options for care or other services which may include in-home services
provided by agencies licensed under chapter 70.127 RCW."
SSB 5708 -
By Senators Keiser, Pflug, Becker
ADOPTED 03/02/2011
On page 1, line 2 of the title, after "18.20.030," strike "18.52.030, and 70.126.020;" and insert "and 18.52.030; reenacting and amending RCW 70.127.040;"