AN
ACT Relating to boarding homes; amending RCW 18.20.020, 18.20.040, 18.20.050,
18.20.110, 18.20.120, 18.20.130, and 18.20.190; amending 1998 c 272 s 24
(uncodified); adding a new section to chapter 18.20 RCW; repealing RCW
18.20.060 and 18.20.100; and providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.20.020 and 1998 c 272 s 14 are each amended to read as follows:
As
used in this chapter:
(1)
"Aged person" means a person of the age sixty-five years or more, or
a person of less than sixty-five years who by reason of infirmity requires
domiciliary care.
(2)
"Boarding home" means any home or other institution, however named,
which is advertised, announced, or maintained for the express or implied
purpose of providing board and domiciliary care to ((three)) seven
or more aged persons not related by blood or marriage to the operator. ((It))
However, a boarding home that is licensed to provide board and domiciliary
care to three to six persons on the effective date of this act may maintain its
boarding home license as long as it is continually licensed as a boarding
home. "Boarding home" shall not include facilities certified as
group training homes pursuant to RCW 71A.22.040, nor any home, institution or
section thereof which is otherwise licensed and regulated under the provisions
of state law providing specifically for the licensing and regulation of such
home, institution or section thereof. Nor shall it include any independent
senior housing, independent living units in continuing care retirement
communities, or other similar living situations including those subsidized by
the department of housing and urban development.
(3)
"Person" means any individual, firm, partnership, corporation,
company, association, or joint stock association, and the legal successor
thereof.
(4)
"Secretary" means the secretary of social and health services.
(5)
"Department" means the state department of social and health
services.
(((6)
"Authorized department" means any city, county, city-county health
department or health district authorized by the secretary to carry out the
provisions of this chapter.))
Sec.
2. RCW
18.20.040 and 1957 c 253 s 4 are each amended to read as follows:
An
application for a license shall be made to the department ((or authorized
department)) upon forms provided by ((either of said departments)) the
department and shall contain such information as the department reasonably
requires, which shall include affirmative evidence of ability to comply with
such rules ((and regulations)) as are lawfully ((promulgated)) adopted
by the ((board)) department.
Sec.
3. RCW
18.20.050 and 1987 c 75 s 3 are each amended to read as follows:
Upon
receipt of an application for license, if the applicant and the boarding home
facilities meet the requirements established under this chapter, the department
((or the department and the authorized health department jointly,))
shall issue a license. If there is a failure to comply with the provisions of
this chapter or the standards((,)) and rules((, and
regulations promulgated)) adopted pursuant thereto, the department((,
or the department and authorized health department,)) may in its discretion
issue to an applicant for a license, or for the renewal of a license, a
provisional license which will permit the operation of the boarding home for a
period to be determined by the department, ((or the department and
authorized health department,)) but not to exceed twelve months, which
provisional license shall not be subject to renewal. At the time of the
application for or renewal of a license or provisional license the licensee
shall pay a license fee as established by the department under RCW 43.20B.110.
((When the license or provisional license is issued jointly by the
department and authorized health department, the license fee shall be paid to
the authorized health department.)) All licenses issued under the
provisions of this chapter shall expire on a date to be set by the department,
but no license issued pursuant to this chapter shall exceed twelve months in
duration((: PROVIDED, That)). However, when the annual license
renewal date of a previously licensed boarding home is set by the department on
a date less than twelve months prior to the expiration date of a license in
effect at the time of reissuance, the license fee shall be prorated on a
monthly basis and a credit be allowed at the first renewal of a license for any
period of one month or more covered by the previous license. All applications
for renewal of a license shall be made not later than thirty days prior
to the date of expiration of the license. Each license shall be issued only
for the premises and persons named in the application, and no license shall be
transferable or assignable. Licenses shall be posted in a conspicuous place on
the licensed premises.
Sec.
4. RCW
18.20.110 and 1985 c 213 s 7 are each amended to read as follows:
The
department ((or authorized health department)) shall make or cause to be
made at least a yearly inspection and investigation of all boarding homes.
Every inspection shall focus primarily on actual or potential resident
outcomes, and may include an inspection of every part of the premises and
an examination of all records (other than financial records), methods of
administration, the general and special dietary, and the stores and
methods of supply. Following such an inspection or inspections, written
notice of any violation of this law or the rules ((and regulations
promulgated)) adopted hereunder((,)) shall be given to
the applicant or licensee and the department. The department may prescribe by
((regulations)) rule that any licensee or applicant desiring to
make specified types of alterations or additions to its facilities or to
construct new facilities shall, before commencing such alteration, addition,
or new construction, submit plans and specifications therefor to the ((department
or to the authorized department)) agencies responsible for plan reviews
for preliminary inspection and approval or recommendations with respect to
compliance with the ((regulations)) rules and standards herein
authorized.
Sec.
5. RCW
18.20.120 and 1994 c 214 s 25 are each amended to read as follows:
All
information received by the department ((or authorized health department))
through filed reports, inspections, or as otherwise authorized under this
chapter((,)) shall not be disclosed publicly in any manner as to
identify individuals or boarding homes, except at the specific request of a
member of the public and disclosure is consistent with RCW 42.17.260(1).
Sec.
6. RCW
18.20.130 and 1995 c 369 s 4 are each amended to read as follows:
Standards
for fire protection and the enforcement thereof, with respect to all boarding
homes to be licensed hereunder, shall be the responsibility of the chief of the
Washington state patrol, through the director of fire protection, who shall
adopt such recognized standards as may be applicable to boarding homes for the
protection of life against the cause and spread of fire and fire hazards. The
department, upon receipt of an application for a license, shall submit
to the chief of the Washington state patrol, through the director of fire
protection, in writing, a request for an inspection, giving the applicant's
name and the location of the premises to be licensed. Upon receipt of such a
request, the chief of the Washington state patrol, through the director of fire
protection, or his or her deputy, shall make an inspection of the boarding home
to be licensed, and if it is found that the premises do not comply with the
required safety standards and fire ((regulations)) rules as ((promulgated))
adopted by the chief of the Washington state patrol, through the
director of fire protection, he or she shall promptly make a written report to
the boarding home and the department ((or authorized department)) as to
the manner and time allowed in which the premises must qualify for a license
and set forth the conditions to be remedied with respect to fire ((regulations))
rules. The department, ((authorized department,)) applicant,
or licensee shall notify the chief of the Washington state patrol, through the
director of fire protection, upon completion of any requirements made by him or
her, and the chief of the Washington state patrol, through the director of fire
protection, or his or her deputy, shall make a reinspection of such premises.
Whenever the boarding home to be licensed meets with the approval of the chief
of the Washington state patrol, through the director of fire protection, he or
she shall submit to the department ((or authorized department,)) a
written report approving same with respect to fire protection before a full
license can be issued. The chief of the Washington state patrol, through the
director of fire protection, shall make or cause to be made inspections of such
homes at least annually.
In
cities which have in force a comprehensive building code, the provisions of
which are determined by the chief of the Washington state patrol, through the
director of fire protection, to be equal to the minimum standards of the code
for boarding homes adopted by the chief of the Washington state patrol, through
the director of fire protection, the chief of the fire department, provided the
latter is a paid chief of a paid fire department, shall make the inspection
with the chief of the Washington state patrol, through the director of fire
protection, or his or her deputy, and they shall jointly approve the
premises before a full license can be issued.
Sec.
7. RCW
18.20.190 and 1998 c 272 s 15 are each amended to read as follows:
(1)
The department of social and health services is authorized to take one or more
of the actions listed in subsection (2) of this section in any case in which
the department finds that a boarding home provider has:
(a)
Failed or refused to comply with the requirements of this chapter or the rules
adopted under this chapter;
(b)
Operated a boarding home without a license or under a revoked license;
(c)
Knowingly, or with reason to know, made a false statement of material fact on
his or her application for license or any data attached thereto, or in any
matter under investigation by the department; or
(d)
Willfully prevented or interfered with any inspection or investigation by the
department.
(2)
When authorized by subsection (1) of this section, the department may take one
or more of the following actions:
(a)
Refuse to issue a license;
(b)
Impose reasonable conditions on a license, such as correction within a
specified time, training, and limits on the type of clients the provider may
admit or serve;
(c)
Impose civil penalties of not more than one hundred dollars per day per
violation;
(d)
Suspend, revoke, or refuse to renew a license; or
(e)
Suspend admissions to the boarding home by imposing stop placement.
(3)
When the department orders stop placement, the facility shall not admit any new
resident until the stop placement order is terminated. The department may
approve readmission of a resident to the facility from a hospital or nursing
home during the stop placement. The department shall terminate the stop
placement when: (a) The violations necessitating the stop placement have been
corrected; and (b) the provider exhibits the capacity to maintain adequate care
and service.
(4)
RCW 43.20A.205 governs notice of a license denial, revocation, suspension,
or modification. Chapter 34.05 RCW applies to department actions under
this section, except that orders of the department imposing license suspension,
stop placement, or conditions for continuation of a license are effective
immediately upon notice and shall continue pending any hearing.
NEW
SECTION. Sec. 8. A
new section is added to chapter 18.20 RCW to read as follows:
(1)
In an effort to ensure a cooperative process among the department, boarding
home provider representatives, and resident and family representatives on
matters pertaining to the boarding home program, the secretary, or his or her
designee, shall designate an advisory board. The advisory board must include
representatives of the state-wide boarding home associations, the state
long-term care ombudsman program, the state-wide resident council program,
consumers, and family representatives. Depending on the topic to be discussed,
the department may invite other representatives in addition to the named
members of the advisory board. The secretary, or his or her designee, shall
periodically, but not less than quarterly, convene a meeting of the advisory
board to encourage open dialogue on matters affecting the boarding home
program. It is, minimally, expected that the department will discuss with the
advisory board the department's inspection, enforcement, and quality
improvement activities, in addition to seeking their comments and
recommendations on matters described under subsection (2) of this section.
(2)
The secretary, or his or her designee, shall seek comments and recommendations
from the advisory board prior to the adoption of rules and standards,
implementation of boarding home provider programs, or development of methods
and rates of payment.
(3)
For the purpose of implementing this section, "department" means
either the department of health or the department of social and health
services, depending on which department has the licensing authority under this
chapter.
Sec.
9. 1998
c 272 s 24 (uncodified) is amended to read as follows:
(1)
Section((s)) 13 ((through 16)) of this act expires July 1,
2000((, unless reauthorized by the legislature)).
(2)
Section 17 of this act expires December 12, 1999.
NEW
SECTION. Sec. 10. The
following acts or parts of acts are each repealed:
(1) RCW
18.20.060 (Actions against license) and 1991 c 3 s 35, 1989 c 175
s 60, 1985 c 213 s 5, & 1957 c 253 s 6; and
(2) RCW
18.20.100 (Enforcement by local authorities--Authorization) and
1979 c 141 s 26 & 1957 c 253 s 10.
NEW
SECTION. Sec. 11. This
act takes effect July 1, 2000.
