BILL REQ. #:  S-1064.1 

READ FIRST TIME 02/08/11.   

     AN ACT Relating to prohibiting requests for waivers of rights of residents of long-term care facilities; amending RCW 70.129.105; and creating a new section.

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

Sec. 1   RCW 70.129.105 and 1997 c 392 s 211 are each amended to read as follows:
     (1) No long-term care facility or nursing facility licensed under chapter 18.51 RCW shall require or request residents to sign waivers of:
     (a) Potential liability for losses of personal property or injury((, or to sign waivers of));
     (b) Residents' rights set forth in this chapter or in the applicable licensing or certification laws; or
     (c) Any rights set forth in the vulnerable adults statute, chapter 74.34 RCW.
     (2) This section does not prohibit a facility from asking residents to agree to binding dispute resolution, if:
     (a) The agreement is in writing;
     (b) The resident is given the opportunity to consult with his or her representative or attorney; and
     (c) The request is made after the dispute arises.

NEW SECTION.  Sec. 2   This act applies prospectively only and not retroactively. It applies only to written documents signed on or after the effective date of this section.