1320-S AAS 04/05/01 S2526.1

SHB 1320 - S COMM AMD

By Committee on Health & Long-Term Care

                                                  ADOPTED 04/05/01

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 70.128.005 and 2000 c 121 s 4 are each amended to read as follows:

    The legislature finds that adult family homes are an important part of the state's long-term care system.  Adult family homes provide an alternative to institutional care and promote a high degree of independent living for residents.  Persons with functional limitations have broadly varying service needs.  Adult family homes that can meet those needs are an essential component of a long-term system.  The legislature further finds that different populations living in adult family homes, such as the developmentally disabled and the elderly, often have significantly different needs and capacities from one another.

    It is the legislature's intent that department rules and policies relating to the licensing and operation of adult family homes recognize and accommodate the different needs and capacities of the various populations served by the homes.  Furthermore, the development and operation of adult family homes that can provide quality personal care and special care services should be encouraged.

    The legislature finds that many residents of community-based long-term care facilities are vulnerable and their health and well-being are dependent on their caregivers.  The quality, skills, and knowledge of their caregivers are ((often)) the key to good care.  The legislature finds that the need for well-trained caregivers is growing as the state's population ages and residents' needs increase.  The legislature intends that current training standards be enhanced.

The legislature finds that the state of Washington has a compelling interest in protecting and promoting the health, welfare, and safety of vulnerable adults residing in adult family homes.  The health, safety, and well-being of vulnerable adults must be the paramount concern in determining whether to issue a license to an applicant, whether to suspend or revoke a license, or whether to take other licensing actions.

    Sec. 2.  RCW 70.128.010 and 1995 c 260 s 2 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Adult family home" means a regular family abode in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

    (2) "Provider" means any person who is licensed under this chapter to operate an adult family home.  For the purposes of this section, "person" means any individual, partnership, corporation, association, or limited liability company.

    (3) "Department" means the department of social and health services.

    (4) "Resident" means an adult in need of personal or special care in an adult family home who is not related to the provider.

    (5) "Adults" means persons who have attained the age of eighteen years.

    (6) "Home" means an adult family home.

    (7) "Imminent danger" means serious physical harm to or death of a resident has occurred, or there is a serious threat to resident life, health, or safety.

    (8) "Special care" means care beyond personal care as defined by the department, in rule.

    (9) "Capacity" means the maximum number of persons in need of personal or special care permitted in an adult family home at a given time.  This number shall include related children or adults in the home and who received special care.

(10) "Resident manager" means a person employed or designated by the provider to manage the adult family home.

    Sec. 3.  RCW 18.52C.020 and 1997 c 392 s 527 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Secretary" means the secretary of the department of health.

    (2) "Health care facility" means a nursing home, hospital, hospice care facility, home health care agency, hospice agency, boarding home, ((adult family home,)) group home, or other entity for the delivery of health care or long-term care services, including chore services provided under chapter 74.39A RCW.

    (3) "Nursing home" means any nursing home facility licensed pursuant to chapter 18.52 RCW.

    (4) "Nursing pool" means any person engaged in the business of providing, procuring, or referring health care or long-term care personnel for temporary employment in health care facilities, such as licensed nurses or practical nurses, nursing assistants, and chore service providers.  "Nursing pool" does not include an individual who only engages in providing his or her own services.

    (5) "Person" includes an individual, firm, corporation, partnership, or association.

(6) "Adult family home" means a residential home licensed pursuant to chapter 70.128 RCW.

    Sec. 4.  RCW 70.24.017 and 1991 c 3 s 322 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

    (1) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

    (2) "Board" means the state board of health.

    (3) "Department" means the department of health, or any successor department with jurisdiction over public health matters.

    (4) "Health care provider" means any person who is a member of a profession under RCW 18.130.040 or other person providing medical, nursing, psychological, or other health care services regulated by the department of health.

    (5) "Health care facility" means a hospital, nursing home, neuropsychiatric or mental health facility, home health agency, hospice, child care agency, ((adult family home,)) group care facility, family foster home, clinic, blood bank, blood center, sperm bank, laboratory, or other social service or health care institution regulated or operated by the department of health.

    (6) "HIV-related condition" means any medical condition resulting from infection with HIV including, but not limited to, seropositivity for HIV.

    (7) "Human immunodeficiency virus" or "HIV" means all HIV and HIV-related viruses which damage the cellular branch of the human immune or neurological systems and leave the infected person immunodeficient or neurologically impaired.

    (8) "Test for a sexually transmitted disease" means a test approved by the board by rule.

    (9) "Legal guardian" means a person appointed by a court to assume legal authority for another who has been found incompetent or, in the case of a minor, a person who has legal custody of the child.

    (10) "Local public health officer" means the officer directing the county health department or his or her designee who has been given the responsibility and authority to protect the health of the public within his or her jurisdiction.

    (11) "Person" includes any natural person, partnership, association, joint venture, trust, public or private corporation, or health facility.

    (12) "Release of test results" means a written authorization for disclosure of any sexually transmitted disease test result which is signed, dated, and which specifies to whom disclosure is authorized and the time period during which the release is to be effective.

    (13) "Sexually transmitted disease" means a bacterial, viral, fungal, or parasitic disease, determined by the board by rule to be sexually transmitted, to be a threat to the public health and welfare, and to be a disease for which a legitimate public interest will be served by providing for regulation and treatment.  The board shall designate chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), trachomitis, genital human papilloma virus infection, syphilis, acquired immunodeficiency syndrome (AIDS), and human immunodeficiency virus (HIV) infection as sexually transmitted diseases, and shall consider the recommendations and classifications of the centers for disease control and other nationally recognized medical authorities in designating other diseases as sexually transmitted.

    (14) "State public health officer" means the secretary of health or an officer appointed by the secretary.

    Sec. 5.  RCW 70.128.007 and 1995 1st sp.s. c 18 s 19 are each amended to read as follows:

    The purposes of this chapter are to:

    (1) Encourage the establishment and maintenance of adult family homes that provide a humane, safe, and ((homelike)) residential home environment for persons with functional limitations who need personal and special care;

    (2) Establish standards for regulating adult family homes that adequately protect residents;

    (3) Encourage consumers, families, providers, and the public to become active in assuring their full participation in development of adult family homes that provide high quality and cost-effective care;

    (4) Provide for appropriate care of residents in adult family homes by requiring that each resident have a care plan that promotes the most appropriate level of physical, mental, and psychosocial well-being consistent with client choice; and

    (5) Accord each resident the right to participate in the development of the care plan and in other major decisions involving the resident and their care.

    Sec. 6.  RCW 70.128.010 and 1995 c 260 s 2 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Adult family home" means a ((regular family abode)) residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

    (2) "Provider" means any person who is licensed under this chapter to operate an adult family home.  For the purposes of this section, "person" means any individual, partnership, corporation, association, or limited liability company.

    (3) "Department" means the department of social and health services.

    (4) "Resident" means an adult in need of personal or special care in an adult family home who is not related to the provider.

    (5) "Adults" means persons who have attained the age of eighteen years.

    (6) "Home" means an adult family home.

    (7) "Imminent danger" means serious physical harm to or death of a resident has occurred, or there is a serious threat to resident life, health, or safety.

    (8) "Special care" means care beyond personal care as defined by the department, in rule.

    (9) "Capacity" means the maximum number of persons in need of personal or special care permitted in an adult family home at a given time.  This number shall include related children or adults in the home and who received special care.

    Sec. 7.  RCW 70.128.090 and 1995 1st sp.s. c 18 s 24 are each amended to read as follows:

    (1) During inspections of an adult family home, the department shall have access and authority to examine areas and articles in the home used to provide care or support to residents, including residents' records, accounts, and the physical premises, including the buildings, grounds, and equipment.  The personal records of the provider are not subject to department inspection nor is the separate bedroom of the provider, not used in direct care of a client, subject to review.  The department may inspect all rooms during the initial licensing of the home.  However, during a complaint investigation, the department shall have access to the entire premises and all pertinent records when necessary to conduct official business.  The department also shall have the authority to interview the provider and residents of an adult family home.

    (2) Whenever an inspection is conducted, the department shall prepare a written report that summarizes all information obtained during the inspection, and if the home is in violation of this chapter, serve a copy of the inspection report upon the provider at the same time as a notice of violation.  This notice shall be mailed to the provider within ten working days of the completion of the inspection process.  If the home is not in violation of this chapter, a copy of the inspection report shall be mailed to the provider within ten calendar days of the inspection of the home.  All inspection reports shall be made available to the public at the department during business hours.

    (3) The provider shall develop corrective measures for any violations found by the department's inspection.  The department ((may)) shall upon request provide consultation and technical assistance to assist the provider in developing effective corrective measures.  The department shall include a statement of the provider's corrective measures in the department's inspection report.

    Sec. 8.  RCW 70.128.120 and 2000 c 121 s 5 are each amended to read as follows:

    Each adult family home provider and each resident manager shall have the following minimum qualifications:

    (1) Twenty-one years of age or older;

    (2) For those applying after September 1, 2001, to be licensed as providers, and for resident managers whose employment begins after September 1, 2001, a high school diploma or general educational development (GED) certificate;

(3) Good moral and responsible character and reputation;

    (((3))) (4) Literacy in the English language, however, a person not literate in the English language may meet the requirements of this subsection by assuring that there is a person on staff and available who is able to communicate or make provisions for communicating with the resident in his or her primary language and capable of understanding and speaking English well enough to be able to respond appropriately to emergency situations and be able to read and understand resident care plans;

    (((4))) (5) Management and administrative ability to carry out the requirements of this chapter;

    (((5))) (6) Satisfactory completion of department-approved basic training and continuing education training as specified by the department in rule, based on recommendations of the community long-term care training and education steering committee and working in collaboration with providers, consumers, caregivers, advocates, family members, educators, and other interested parties in the rule-making process;

    (((6))) (7) Satisfactory completion of department-approved, or equivalent, special care training before a provider may provide special care services to a resident;

    (((7))) (8) Not been convicted of any crime listed in RCW 43.43.830 and 43.43.842;((and

    (8) Effective July 1, 1996,)) (9) Registered with the department of health; and

(10) For those applying after September 1, 2001, to be licensed as providers, and for resident managers whose employment begins after September 1, 2001, at least three hundred twenty hours of successful, direct caregiving experience obtained after age eighteen to vulnerable adults in a licensed or contracted setting prior to operating or managing an adult family home.

NEW SECTION. Sec. 9.  A new section is added to chapter 70.128 RCW to read as follows:

    Adult family homes shall comply with the provisions of chapter 70.24 RCW.

NEW SECTION. Sec. 10.  A new section is added to chapter 70.128 RCW to read as follows:

    In order to prevent disruption to current residents, at the request of the current licensed provider, the department shall give processing priority to the application of a person seeking to be licensed as the new provider for the adult family home.  The department may issue a provisional license when a currently licensed adult family home provider has applied to be licensed as the new provider for a currently licensed adult family home, the application has been initially processed, and all that remains to complete the application process is an on-site inspection.

NEW SECTION. Sec. 11.  A new section is added to chapter 70.128 RCW to read as follows:

    The department shall implement, as part of the required training and continuing education, food safety training integrated into the curriculum that meets the standards established by the state board of health pursuant to chapter 69.06 RCW.  Individual food handler permits are not required for persons who successfully complete the training.

NEW SECTION. Sec. 12.  A new section is added to chapter 70.128 RCW to read as follows:

    The department shall work with the providers and resident communities to develop opportunities for licensing and quality assurance staff to become familiar with the actual environment and the daily hands-on routine of care and services in an adult family home.

NEW SECTION. Sec. 13.  A new section is added to chapter 74.39A RCW to read as follows:

    An employer providing home and community services, including facilities licensed under chapters 18.51, 18.20, and 70.128 RCW, an employer of a program authorized under RCW 71A.12.040(10), or an in-home services agency employer licensed under chapter 70.127 RCW, who discloses information about a former or current employee to a prospective home and community services employer, nursing home employer, or are an in-home services agency employer, is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure or its consequences if the disclosed information relates to:  (1) The employee's ability to perform his or her job; (2) the diligence, skill, or reliability with which the employee carried out the duties of his or her job; or (3) any illegal or wrongful act committed by the employee when related to his or her ability to care for a vulnerable adult.  For purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the employer was knowingly false or made with reckless disregard for the truth of the information disclosed.  Should the employee successfully rebut the presumption of good faith standard in a court of competent jurisdiction, and therefore be the prevailing party, the prevailing party shall be entitled to recover reasonable attorneys' fees against the employer.  Nothing in this section shall affect or limit any other state, federal, or constitutional right otherwise available.

NEW SECTION. Sec. 14.  The following acts or parts of acts are each repealed:

(1) RCW 70.128.061 (Moratorium on authorization of adult family home licenses) and 1997 c 392 s 402; and

(2) RCW 70.128.062 (Rule-making authority to implement RCW 70.128.061) and 1997 c 392 s 403.

NEW SECTION. Sec. 15.  Section 11 of this act takes effect March 2, 2002."

SHB 1320 - S COMM AMD

By Committee on Health & Long-Term Care

                                                  ADOPTED 04/05/01

    On page 1, line 1 of the title, after "homes;" strike the remainder of the title and insert "amending RCW 70.128.005, 70.128.010, 18.52C.020, 70.24.017, 70.128.007, 70.128.010, 70.128.090, and 70.128.120; adding new sections to chapter 70.128 RCW; adding a new section to chapter 74.39A RCW; repealing RCW 70.128.061 and 70.128.062; and providing an effective date."

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