1850-S2 AMH DYER H3198.1

2SHB 1850 - H AMD 553 WITHDRAWN 4-14-97

By Representatives Dyer and Cody

    On page 36, line 36, after "program" insert "in cooperation with the department of social and health services and disciplining authorities and"

    On page 36, line 37, after "administration." insert "The department of social and health services shall retain authority to review and investigate all allegations of nursing home resident neglect, abuse, and misappropriation of resident property.  If the department of social and health services makes a preliminary determination, based upon credible evidence and an investigation by the department, that a licensed, certified, or registered health care provider listed in RCW 18.130.040 and used by the nursing home to provide services to a resident, except for a certified or registered nursing assistant, has neglected or abused a resident or misappropriated a resident's property, the department of social and health services shall immediately refer its determination regarding the individual to the appropriate disciplining authority, as defined in chapter 18.130 RCW.  The disciplining authority shall pursue administrative adjudicatory or disciplinary proceedings according to federal timelines and requirements, and consistent with the administrative procedure act, chapter 34.05 RCW.  A finding of fact, stipulated finding of fact, agreed order, or final order issued by the disciplining authority that finds the individual health care provider guilty of neglect, abuse, or misappropriation of resident property shall be promptly reported to the department of social and health services.  The disciplining authority shall not make a finding that an individual has neglected a resident if the individual demonstrates that such neglect was caused by factors beyond the control of the individual."

2SHB 1850 - H AMD

By Representatives Dyer and Cody

    On page 36, after line 37, insert the following:

    "NEW SECTION. Sec. 506.  A new section is added to chapter 18.51 RCW to read as follows:

    The department of social and health services shall implement a nursing home resident protection program in cooperation with the department of health and disciplining authorities and according to guidelines established by the federal health care financing administration.  The department of social and health services shall conduct a timely review and investigation of all credible allegations of nursing home resident neglect, abuse, and misappropriation of resident property.  If the department of social and health services makes a preliminary determination, based upon credible evidence and an investigation by the department, that a licensed, certified, or registered health care provider listed in RCW 18.130.040 and used by the nursing home to provide services to a resident, except for a certified or registered nursing assistant, has neglected or abused a resident or misappropriated a resident's property, the department of social and health services shall immediately refer its determination regarding the individual to the department of health or disciplining authority, as defined in RCW 18.130.020.  The disciplining authority, except the department of social and health services for individuals referred to the disciplining authority, shall pursue administrative adjudicatory or disciplinary proceedings according to federal timelines and requirements, and consistent with the administrative procedure act, chapter 34.05 RCW.  Other individuals used by a nursing home, including certified and registered nursing assistants, with a preliminary determination of neglect, abuse, or misappropriation of resident property shall receive notice and the right to an administrative fair hearing from the department of social and health services according to federal timelines and requirements, and consistent with the administrative procedure act, chapter 34.05 RCW.  An individual with a finding of fact, stipulated finding of fact, agreed order, or final order issued by the department of social and health services that finds the individual guilty of neglect, abuse, or misappropriation of resident property shall not be employed in the care of and have unsupervised access to vulnerable adults, as defined in chapter 74.34 RCW.  The department shall not make a finding that an individual has neglected a resident if the individual demonstrates that such neglect was caused by factors beyond the control of the individual.  Upon receipt from the disciplining authority of a finding of fact, stipulated finding of fact, agreed order, or final order that finds the individual health care provider guilty of neglect, abuse, or misappropriation of resident property, the department of social and health services shall report this information to the nursing home where the incident occurred, the long-term care facility where the individual works, if different, and other entities serving vulnerable adults upon request by the entity."

    Renumber the following sections consecutively and correct internal references accordingly.

2SHB 1850 - H AMD

By Representatives Dyer and Cody

    On page 1, line 8 of the title, after "43.70 RCW;" insert "adding a new section to chapter 18.51 RCW;"

EFFECT:  Clarifies that DSHS makes the preliminary investigation and determination as to whether abuse, neglect or misappropriation of property occurred in a nursing home and then most individual health care providers are referred to the Department of Health or a disciplining authority for disciplinary proceedings.  With this amendment, no individual will be subject to two administrative fair hearings or two disciplinary proceedings.

    Clarifies that DSHS operates the nursing home resident protection program for nursing assistants and nonlicensed nursing home personnel.  Clarifies when referrals of preliminarily substantiated complaints are sent by DSHS to the disciplining authorities, the communication of final findings and orders back to DSHS, and prescribes when such information may be released by DSHS.

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