_______________________________________________
HOUSE
BILL 1743
_______________________________________________
Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 02/06/97. Referred to Committee on Health Care.
Allowing the department of community, trade, and economic
development to adopt rules to carry out the long-term care ombudsman
program.
AN
ACT Relating to the long-term care ombudsman program; amending RCW 43.190.030;
and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.190.030 and 1995 c 399 s 105 are each amended to read as follows:
There
is created the office of the state long-term care ombudsman. The department of
community, trade, and economic development shall contract with a private
nonprofit organization to provide long-term care ombudsman services as
specified under, and consistent with, the federal older Americans act as
amended, federal mandates, the goals of the state, and the needs of its
citizens. The department of community, trade, and economic development shall
ensure that all program and staff support necessary to enable the ombudsman to
effectively protect the interests of residents, patients, and clients of all
long-term care facilities is provided by the nonprofit organization that
contracts to provide long-term care ombudsman services. The department of
community, trade, and economic development shall adopt rules to carry out this
chapter and the long-term care ombudsman provisions of the federal older
Americans act, as amended, and applicable federal regulations. The
long-term care ombudsman program shall have the following powers and duties:
(1)
To provide services for coordinating the activities of long-term care ombudsmen
throughout the state;
(2)
Carry out such other activities as the department of community, trade, and
economic development deems appropriate;
(3)
Establish procedures consistent with RCW 43.190.110 for appropriate access by
long-term care ombudsmen to long-term care facilities and patients' records,
including procedures to protect the confidentiality of the records and ensure
that the identity of any complainant or resident will not be disclosed without
the written consent of the complainant or resident, or upon court order;
(4)
Establish a state-wide uniform reporting system to collect and analyze data
relating to complaints and conditions in long-term care facilities for the
purpose of identifying and resolving significant problems, with provision for
submission of such data to the department of social and health services and to
the federal department of health and human services, or its successor agency,
on a regular basis; and
(5)
Establish procedures to assure that any files maintained by ombudsman programs
shall be disclosed only at the discretion of the ombudsman having authority
over the disposition of such files, except that the identity of any complainant
or resident of a long-term care facility shall not be disclosed by such
ombudsman unless:
(a)
Such complainant or resident, or the complainant's or resident's legal
representative, consents in writing to such disclosure; or
(b)
Such disclosure is required by court order.
*NEW
SECTION. Sec. 2.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect immediately.
*Sec. 2 was vetoed. See message at end of chapter.
Passed the House March 6, 1997.
Passed the Senate April 14, 1997.
Approved by the Governor
April 24, 1997, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State April 24, 1997.
Note:
Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to section 2, House Bill No. 1743
entitled:
"AN ACT Relating to the long-term care ombudsman
program;"
House Bill No. 1743
requires the Department of Community, Trade and Economic Development to adopt
rules for the state long-term care ombudsman program. Section 2 of the bill is
an emergency clause, implementing the bill immediately.
Although this legislation
is important, it is not a matter necessary for the immediate preservation of
the public peace, health or safety, or support of the state government and its
existing public institutions.
For this reason, I have
vetoed section 2 of House Bill No. 1743.
With
the exception of section 2, I am approving House Bill No. 1743."
