SENATE BILL REPORT
SB 5683
BYSenators West, Kreidler, Niemi and Smith; by request of Department of Social and Health Services
Making changes to adult services.
Senate Committee on Health Care & Corrections
Senate Hearing Date(s):February 21, 1989
Senate Staff:Scott Plack (786-7409)
AS OF FEBRUARY 20, 1989
BACKGROUND:
Changes in the federal requirements under OBRA (Omnibus Budget Reconciliation Act of 1987) require the state modify current nursing home licensure statutes with regard to sanctions, stop payments, license suspensions and revocations. OBRA also requires changes in state receivership provisions concerning conditions when receiverships may be terminated and what past history information may be considered by the courts.
The state does not currently assess a fee for post survey visits to nursing homes. These visits are used to verify whether the home has met licensure requirements when it was found out of compliance during the initial survey.
Some of the current receivership provisions are unclear and have created problems in implementing the law. For example, when a receiver takes control of a nursing home, the home may be unable to immediately pass a survey, though one is required. The statutes are also unclear as to the financial liability of the receiver to pay for certain unpaid debts.
Graduate and student nurses who work in nursing homes are not authorized to administer medications to residents. Nursing students are permitted to do so under the registered and practical nurses licensure laws.
Recent changes in federal law require assessment of individuals applying for residency in a Medicaid-certified nursing home. The assessment is to determine whether the individual has a mental health or developmental disability condition. Federal law directs that these individuals are to receive active treatment in non-institutional settings.
Pre-admission screening of individuals applying for residency in nursing homes is currently not conducted. The purpose of pre- admission screening is to assess the care level needs of individuals so that the appropriate care setting can be identified.
SUMMARY:
Revisions are made in receivership provisions to allow the Department of Social and Health Services (DSHS) to issue a temporary license to a home with a new receiver pending a survey. Receivers are permitted to acquire a financial interest in the home under receivership after they have been appointed. Provisions are revised to clarify the liability of receivers for certain debts. DSHS is permitted to grant transition funds to a non-Medicaid facility under receivership and may take action against the facility to recover any transitional funds granted to the facility. OBRA required changes are also made to the statutes.
Graduate nurses and student nurses are permitted to administer medications.
Numerous OBRA required changes are made in the nursing home statutes modifying provisions concerning sanctions, denial, suspension and revocation of nursing home licenses and stop payments when homes are out of compliance with regulations.
Post survey charges will be assessed (at a rate of $12 per bed) to a nursing home after the first survey.
Pre-admission screening is established to assess financial and functional assessment of prospective nursing home residents.
Appropriation: none
Revenue: none
Fiscal Note: available