S-2190.1 _______________________________________________
SECOND SUBSTITUTE SENATE BILL 5766
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Long, Franklin, Winsley, Rasmussen and Costa)
Read first time 03/08/1999.
AN ACT Relating to the long-term care ombudsman program; amending RCW 43.190.060; adding a new section to chapter 43.190 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.190.060 and 1995 1st sp.s. c 18 s 33 are each amended to read as follows:
A long-term care ombudsman shall:
(1) Identify, investigate, and resolve complaints made by or on behalf of residents of long-term care facilities relating to administrative action, inaction, or decisions which may adversely affect the health, safety, welfare, and rights of these individuals;
(2) Monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies with respect to long-term care facilities in this state;
(3) Provide information as appropriate to residents, resident representatives, and others regarding the rights of residents, and to public agencies regarding the problems of individuals residing in long-term care facilities; and
(4)
Provide for training volunteers and promoting the development of citizen
organizations to participate in the ombudsman program. ((A volunteer
long-term care ombudsman shall be able to identify and resolve problems
regarding the care of residents in long-term care facilities and to assist such
residents in the assertion of their civil and human rights. However,
volunteers shall not be used for complaint investigations but may engage in
fact-finding activities to determine whether a formal complaint should be
submitted to the department.)) A trained volunteer long-term care
ombudsman, in accordance with the policies and procedures established by the
state long-term care ombudsman program, shall inform residents, their
representatives, and others about the rights of residents, and may identify,
investigate, and resolve complaints made by or on behalf of residents of
long-term care facilities relating to action, inaction, or decisions, that may
adversely affect the health, safety, welfare, and rights of these individuals.
Nothing in chapter . . ., Laws of 1999 (this act) shall be construed to empower the state long-term care ombudsman or any local long-term care ombudsman with statutory or regulatory licensing or sanctioning authority.
NEW SECTION. Sec. 2. A new section is added to chapter 43.190 RCW to read as follows:
A local long-term care ombudsman, including a trained volunteer long-term care ombudsman, shall have the duties and authority set forth in the federal older Americans act (42 U.S.C. Sec. 3058 et seq.) for local ombudsmen. The state long-term care ombudsman and representatives of the office of the state long-term care ombudsman, shall have the duties and authority set forth in the federal older Americans act for the state long-term care ombudsman and representatives of the office of the state long-term care ombudsman.
NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 4. 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.
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