SENATE BILL REPORT

SB 5270

BYSenators Wojahn, Deccio, Gaspard, Kiskaddon, Garrett, DeJarnatt, Conner, Stratton, Bender, Kreidler, Tanner and Johnson

Creating the long-term care ombudsman advisory board and moving the office of long-term care ombudsman to office of the attorney general.

Senate Committee on Human Services & Corrections

Senate Hearing Date(s):February 26, 1987

Senate Staff:Scott Plack (786-7409)

AS OF FEBRUARY 26, 1987

BACKGROUND:

The Long-Term care Ombudsman Program was established by Congressional mandate under the Older Americans Act of 1965.  The Act requires states to maintain ombudsman programs for senior citizens residing in long-term care facilities.  Until 1983 the Department of Social and Health Services (DSHS) operated the program without any specific state legislative direction.  In July of 1983 Chapter 43.190 RCW was enacted into law.  The legislation established the Office of the Long-Term Care Ombudsman within the Department of Social and Health Service.  It mandated specific requirements to bring the ombudsman program into compliance with the federal Older Americans Act.  The Older Americans Act provides that placement of the State's Long-Term Ombudsman's Office shall not be in the same agency responsible for long-term care facility licensure and certification.

The current statute provides for a local and volunteer ombudsman but does not clearly define their duties to investigate and resolve complaints.  Those having a right of access to records and files of the Long-Term Care Ombudsman also remains unclear. 

SUMMARY:

The Office of Long-Term Care Ombudsman is established within the State's Attorney General's Office and supervision of the ombudsman is granted to the Attorney General.

DSHS is directed to serve as primary investigator of complaints referred to them by the Long-Term Care Ombudsman.  Complaints are to be responded to in a timely manner, consistent with the gravity of the complaint.

Volunteer ombudsmen are permitted to engage in fact-finding activities to determine whether formal complaints should be submitted to DSHS.  Volunteers are not to be used for complaint investigations.

The Long-Term Ombudsman is directed to monitor and oversee the long-term care investigation process of DSHS and to make recommendations in the annual report with regard to proposed improvements in the complaint investigation process.

A six member long-term care ombudsman advisory committee is established.  Membership and terms of office are specified.  The committee is directed to screen candidates and make recommendations for the position of State Long-Term Care ombudsman, and to advise the Ombudsman on the annual report.

The position of State Long-Term Care Ombudsman is subject to the state's civil service law.

Fiscal Note:      available