HOUSE BILL REPORT

HB 1496

BYRepresentatives Cantwell, Brooks, D. Sommers, Braddock, Prentice, Sprenkle, Anderson, May, Beck and P. King 

Regulating residential care facilities.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (7)

      Signed by Representatives Braddock, Chair; Brooks, Ranking Republican Member; Cantwell, Morris, D. Sommers, Vekich and Wolfe.

House Staff:Antonio Sanchez (786-7383)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Health Care as amended by the Committee on Appropriations be substituted therefor and the substitute bill as amended do pass. (22)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Bristow, Ebersole, Hine, May, McLean, Nealey, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass. (1)

      Signed by Representative Padden.

House Staff:      Dave Knutson (786-7136)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS MARCH 4, 1989

BACKGROUND:

Currently in Washington state, there are a number of licensing and certification categories for facilities that provide personal care and residential services to functionally disabled, and frail elderly persons.  These facilities include adult family homes, boarding homes, congregate care facilities, and group homes for the developmentally disabled and others. Regulation and oversight of these residential facilities span a wide range of different departments within the Department of Social and Health Services.  Each of these departments provides a different set of licensing criteria, monitoring, and enforcement for the type of facility under their jurisdiction.

SUMMARY:

SUBSTITUTE BILL:  The substitute provides for the development of a unified and non-categorical system for residential facility services to functionally disabled persons, that encourages their development while ensuring the basic protection of their residents.

Adult family homes are treated differently from other residential care facilities in an attempt to maintain their home-like environment, while upholding standards of health and safety.

Specialized services:  Residential care facilities are required to meet each resident's needs for services, directly through qualified staff at the facility or through qualified providers in the community.

Uniform procedures:  Authorizes uniform licensing, monitoring, more flexible enforcement, and a two year license with annual monitoring.  The department is given enforcement authority in the form of suspension of admissions, resident transfers and civil penalties.  A license fee is established for adult family homes.

Department support of residential care facilities is provided in the form of department sponsored or approved training programs for providers, the development and distribution of necessary forms to providers, and the distribution of copies of resident's rights.

Resident rights and house rules are established that outline the resident's rights to privacy, treatment, religious practice, and social interaction.  It also allows providers to develop house rules regarding the general operation of the facility/home.

Facilities not considered as residential care facilities include; nursing homes, residential habilitation centers, residential treatment centers for the mentally ill, private hospitals for mental illness or substance abuse, evaluation and treatment centers for minors, soldiers and veterans homes, state schools for the deaf and blind, drug treatment and rehabilitation programs at institutions, children's crisis residential centers, group care and foster care for children, independent senior housing in CCRC's, DD group homes, and Christian Science facilities.

SUBSTITUTE BILL COMPARED TO ORIGINAL: Various technical and clarifying changes are made to carry out the original intent of drafters and major constituent groups effected by the proposed legislation.  The title was amended to conform to the public health and safety scope of the bill.  Residential care facilities providing 24 hour care are included in the definition of residential care facility, as long as they conform to safety and health standards.  Licensing for residential care facilities is required for all facilities caring for more than two non-related persons or one person if he or she is a state client.  Independent senior housing in Continuing Care Retirement Communities, and Christian Science communities are excluded from all provisions including licensure.  Mandatory fees are established for all adult family homes.  To ensure appropriate development of fire safety standards, a select group of individuals and groups will participate in the development of standards jointly.  A variance is allowed for adult family homes to provide care for up to five residents. It will not be mandatory for facility providers to administer resident funds.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS:  Technical amendments were adopted relating to the Department of Social and Health Services and the proposed Department of Health.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Health Care) Gail Toraason, Home Care Association and Washington State Nurses Association; Jeff Larsen, Adult Licensed Family Homes of Washington (with changes); Pam Barrnet, Association of Residential Care Homes; Karla Williams, Long Term Care Ombudsman Program (with changes); Lisa Brodoff, Puget Sound Legal Assistance; Karen Tynes, Washington Association of Homes for the Aging and Loretta Ingrum, Adult Licensed Family Homes of Washington.

(Appropriations) Denise Klein, King County Area Agency for the Aging; Glen Hudson, Washington Association of Homes for the Aged; Fred Mills, American Association of Retired People; Pam Barrnett, Association of Residential Care Homes.

House Committee - Testified Against:      (Health Care) Marshall Hjelte, Bayview Manor and Liz Taylor, Eldercare Resources Incorporated.

(Appropriations) None Presented.

House Committee - Testimony For:    (Health Care) Residential care settings that provide similar types of care should have a clear set of common standards that protect residents and provide support to caregivers in these settings.

(Appropriations) This legislation will improve the quality of care for residents of residential care facilities.

House Committee - Testimony Against:      (Health Care) Any restrictions, applied as a result of this legislation to Continuing Care Retirement Communities, would threaten their independence and freedom of choice.

(Appropriations) None Presented.