HOUSE BILL REPORT

HB 1731

BYRepresentatives Morris, Brooks, Belcher, Phillips, Peery, H. Myers, Sprenkle, Cooper, Pruitt, Fuhrman, Braddock, P. King, Sayan, Rector, Winsley, R. King, Heavey, Brekke, Todd, Haugen and Doty; by request of Department of Social and Health Services

Providing for the licensing of adult family homes.

House Committe on Health Care

Majority Report:  Do pass.  (8)

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

House Staff:Antonio Sanchez (786-7383)

AS PASSED HOUSE MARCH 15, 1989

BACKGROUND:

The Adult Family Home Program began in Washington 20 years ago to provide alternative living arrangements in a family-like setting for the elderly and disabled.  This long term care residential option has been the focus of increased attention as the result of quality of care, reimbursement and program development concerns.  Currently most of the authority to regulate this program is in the departmental WAC.  As a result of this condition the department lacks the clear enforcement and regulation capacity to assist this program effectively.

SUMMARY:

The bill strengthens the legal authority for the Adult Family Home Program by taking several areas of authority that are currently covered under the WAC and establishing specific sections in RCW.  It outlines residential rights, forbids multiple facility ownership, specifies zoning requirements for adult family homes, clarifies sanctions, and gives the department increased authority to enforce regulations.

SECTION SUMMARY

Section 1 through Section 4:

Requires licensing of Adult Family Home sponsors.

All state pay clients must be in a licensed home.

Resident capacity requirements are outlined.

Requires the department to investigate applicants and homes to assure that license requirements are maintained, and home sponsors have no criminal record.

Makes each licensure restricted to a specific sponsor and location.

Requires the conspicuous posting of licenses in the home.

Authorizes licensure from one to three years.

Outlines licensure denial criteria.

Outlines suspension, stop placement, denial, and revocation criteria.

Outlines the department's scope of rule making authority, application of sanctions, and how fines will be imposed.

Section 5 through Section 9:

Strengthens the department's ability to bring legal action against non-compliant operators.

Brings hearings and judicial review under the Administrative Procedures Act.

Empowers the department to adopt fire safety inspections.

Outlines resident's rights.

Requires adherence to federal and state non-discrimination requirements.

Requires on-site investigation of complaints if there is reason to believe violations are occurring.

Allows only one home per sponsor, yet allows the department to grant a waiver of this condition.

Fiscal Note:      No Impact.

House Committee ‑ Testified For:    Evan Iverson, Senior Lobby; Glen Hudson, Washington Health Care Association; Jeff Larsen, Adult Licensed Family Homes of Washington (with changes) and Charles Reed, Department of Social and Health Services.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The Department of Social and Health Services needs to have stronger legal authority in the licensure and regulation of the adult family home environment.  Such authority will provide stronger and more appropriate fire and safety regulations.

House Committee - Testimony Against:      None Presented.