CERTIFICATION OF ENROLLMENT

 

               SECOND SUBSTITUTE SENATE BILL 5766

 

 

                   Chapter 133, Laws of 1999

 

 

                        56th Legislature

                      1999 Regular Session

 

 

LONG-TERM CARE OMBUDSMAN--DUTIES

 

 

 

                    EFFECTIVE DATE:  4/28/99

Passed by the Senate March 15, 1999

  YEAS 46   NAYS 0

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House April 8, 1999

  YEAS 95   NAYS 0

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SECOND SUBSTITUTE SENATE BILL 5766 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

              FRANK CHOPP

Speaker of the

      House of Representatives

 

 

Approved April 28, 1999 Place Style On Codes above, and Style Off Codes below.  

                                FILED          

 

 

           April 28, 1999 - 4:24 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                SECOND SUBSTITUTE SENATE BILL 5766

          _______________________________________________

 

             Passed Legislature - 1999 Regular Session

 

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.

Modifying the duties of a long-term care ombudsman.  


    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.


    Passed the Senate March 15, 1999.

    Passed the House April 8, 1999.

Approved by the Governor April 28, 1999.

    Filed in Office of Secretary of State April 28, 1999.