SENATE BILL REPORT

SB 5614

BYSenator Kreidler; by request of Department of Social and Health Services

Revising provisions on long-term care ombudsmen.

Senate Committee on Human Services & Corrections

Senate Hearing Date(s):February 26, 1987

Senate Staff:Scott Plack (786-7409)

AS OF FEBRUARY 25, 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 Services.  It mandated specific requirements to bring the ombudsman program into compliance with the federal Older Americans Act.  The 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 persons having a right of access to records and files of the Long-Term Care Ombudsman also remains unclear.  In 1986 DSHS appointed a task force to study and make recommendations on the ombudsman program.

SUMMARY:

The recommendations of the task force are implemented.

The local long-term care ombudsman is defined with reference to qualifications and experience.  Persons recently employed with a long-term care facility or who have relatives with a pecuniary interest in a long-term care facility are prohibited from serving as ombudsmen.

Facilities with swing-beds are excluded from the purview of the ombudsman's office.

Separate statutory definitions are made for the Office of the Long-Term Ombudsman and the Long-Term Ombudsman who is an employee of the Office.

The duties of the state and local long-term care ombudsman are enumerated.

The duties and restrictions of the volunteer ombudsman are enumerated.

The Secretary of DSHS is directed to designate a chief executive officer to head the Office of the State Long-Term Care Ombudsman.  The position is exempt from the civil service law.  Qualifications of the State Long-Term Care Ombudsman are listed.

An eleven member state long-term care advisory committee is established.  The committee is directed to nominate candidates for the Office of State Long-Term Care Ombudsman, provide advice and counsel to the State Long-Term Care Ombudsman and to review and comment on the annual report issued by the State Long-Term Care Ombudsman.

DSHS is directed to respond to all complaints brought to it in a timely manner, but to give immediate priority to complaints involving life-threatening or urgent matters.

Specific direction is provided to DSHS with regard to complaint processing, providing access to records by the Long- Term Care Ombudsman office during an investigation, and the issuance of a summary of the investigation upon completion by DSHS.

The state, local and volunteer ombudsman are granted the right of entry to a long-term care facility for the purposes of performing their duties.

The Secretary and the supervisors of all long-term care ombudsmen are granted the right to access to files and records of the ombudsmen.

The Legislative Budget Committee is directed to conduct a study to determine the effectiveness of the long-term care program, including an analysis of the placement of the program within DSHS, and prepare a report to the Legislature no later than December 1, 1988.

Fiscal Note:      available