SENATE BILL REPORT

SB 5145

BYSenators Smith, Niemi, Johnson, Kreidler, West and Moore

Licensing adult family homes.

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):January 25, 1989; February 14, 1989

Majority Report:  That Substitute Senate Bill No. 5145 be substituted therefor, and substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Johnson, Niemi.

Senate Staff:Scott Plack (786-7409)

                  February 15, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 2, 1989; March 6, 1989

Majority Report:  That Second Substitute Senate Bill No. 5145 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDonald, Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Fleming, Gaspard, Hayner, Johnson, Lee, Matson, Newhouse, Niemi, Owen, Saling, Smith, Warnke, Williams, Wojahn.

Senate Staff:Jan Sharar (786-7715)

                  March 7, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 6, 1989

BACKGROUND:

Adult family homes are regular family abodes whose residents provide full-time family care and supervision for adults in need of personal or special care.  They include persons age 18 or over who, because of developmental disability, age, or physical or mental infirmity, require some degree of supervision or health care beyond the level of room and board.  Homes are required to be licensed if the residents are developmentally disabled, have their care paid for by the state or if there are more than two residents in the home.  No home may have more than four residents.  Currently, adult family homes are inspected by the Department of Social and Health Services (DSHS) about every three years.

DSHS has general statutory authority to regulate adult family homes.  Requirements are specified in the Washington Administrative Code.  According to DSHS there are approximately 860 licensed adult family homes with 2,645 available beds.  The number of state paid clients in adult family homes is approximately 850.

SUMMARY:

A new chapter of law is established to regulate adult family homes.  Regulation of adult family homes should not inadvertently discourage the development of the adult family home industry through the adoption of complex, intimidating or expensive standards and requirements.

Adult family homes with two to five residents must be licensed by July 1, 1990.  The Department of Social and Health Services (DSHS) is authorized to inspect adult family homes in the following manner:  homes with residents whose care is paid for by the state are to be inspected every year; other homes are to be inspected on a periodic random basis with 10 percent of these homes inspected every year; and homes are to be inspected at any time when complaints are received by the department.

Minimum qualifications for providers are established.  Minimum safety, health and fire standards are established.  Adult family homes are to be classified as a residential use of property for zoning purposes.  The department may suspend, revoke or refuse to renew a license to violators of the law and may also suspend admissions.

An appropriation is made for an unspecified amount to support required inspection of adult family homes.

EFFECT OF PROPOSED SUBSTITUTE:

Except when authorized by DSHS for good cause, adult family home providers may only have one adult family home license and are required to live in the home.  Inspection of adult family homes will occur at the time of licensure, every two years thereafter, and on complaint.  Automatic relicensure will occur after a home which violates licensure requirements is found to comply substantially with the requirements upon re-inspection.  Clarification is added to allow the department to refuse licensure of an applicant who does not meet requirements.  An exemption from licensure is provided for adult family homes operated by adherents of bona fide religious denominations.  Adult family home licensure will transfer to the Department of Health if created by the Legislature.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

The maximum number of residents in an adult family home is raised from five to six under certain conditions.  License fees are included.  A clause is added as a new section making the act null and void if funding is not provided in the omnibus appropriations act.

Appropriation:    unspecified

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: HEALTH CARE & CORRECTIONS:  Kamala Bremer, Washington Association of Area Agencies on Aging (pro); William Thomas, Christian Science Church/Care Facilities (pro); Ivy Gratias, President, Adult Licensed Family Homes of Washington (pro); Lucy Schultz, Adult Licensed Family Homes of Washington (pro); Norita Sorenson, Adult Licensed Family Homes of Washington (pro); Evan Iverson, Senior Citizens Lobby

Senate Committee - Testified: WAYS & MEANS:  Gail Toraason, Home Care Association of Washington (pro)