SENATE BILL REPORT

SHB 1671

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed Senate, April 10, 2017

Title: An act relating to assistance with activities of daily living.

Brief Description: Concerning assistance with activities of daily living.

Sponsors: House Committee on Health Care & Wellness (originally sponsored by Representatives Cody, Harris and Tharinger; by request of Department of Social and Health Services).

Brief History: Passed House: 2/27/17, 96-0.

Committee Activity: Health Care: 3/09/17, 3/14/17 [DP].

Floor Activity:

Passed Senate: 4/10/17, 48-0.

Brief Summary of Bill

  • Adds medication assistance to the definition of activities of daily living for purposes of the law regulating assisted living facilities.

SENATE COMMITTEE ON HEALTH CARE

Majority Report: Do pass.

Signed by Senators Rivers, Chair; Becker, Vice Chair; Cleveland, Ranking Minority Member; Bailey, Conway, Fain, Keiser, Miloscia, Mullet, O'Ban and Walsh.

Staff: Kathleen Buchli (786-7488)

Background: Assisted Living Facilities. Assisted living facilities, are community-based residences that provide housing and basic services to seven or more residents and are licensed by the Department of Social and Health Services. Residents of assisted living facilities are people who live in the facility for reasons of age or disability and receive services provided by the facility. Assisted living facilities may not admit people who require nursing home or hospital level care or the frequent presence or evaluation of a registered nurse. Services provided to residents include housekeeping, meals, laundry, and activities and may also include health support services and intermittent nursing services.

Assisted living facilities may also provide assistance with activities of daily living which are limited to and include bathing, dressing, eating, personal hygiene, transferring, toileting, and ambulation and mobility.

Medication Assistance. Medication assistance, as defined in the Legend Drug Act, is assistance by a nonpractitioner to an individual living in a community-based or in-home care setting to facilitate the individual's self-administration of a legend drug or controlled substance. The term includes reminding or coaching the individual, handing the individual the medication container, opening the container, using an enabler, or placing the medication in the individual's hand. It does not include assistance with intravenous or injectable medications other than prefilled insulin syringes.

Summary of Bill: For purposes of the law regulating assisted living facilities, activities of daily living means self-care activities related to personal care. Medication assistance is added to the list of activities of daily living which also include bathing, dressing, eating, personal hygiene, transferring, toileting, and ambulation and mobility.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This would ensure training and worker certification and ensures vulnerable adults are protected in these service settings. This addresses the differences between the current law on assisted living facilities and the law on who must take long-term care worker training. Long-term care training laws require medication assistance training. Those laws require five hours of orientation and safety training and 70 hours of basic training so there is consistent training across settings. Some facilities maintain that their providers only provide medication assistance and they are not required to take the training; however, we think this is a bad idea because of the impact on residents' health.

Persons Testifying: PRO: Candace Goehring, WA DSHS - Aging and Long Term Support Administration.

Persons Signed In To Testify But Not Testifying: No one.