Z-0272.2 _______________________________________________
SENATE BILL 5183
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Thibaudeau, Winsley and Kohl‑Welles; by request of Department of Social and Health Services
Read first time 01/15/2001. Referred to Committee on Health & Long‑Term Care.
AN ACT Relating to the licensing of adult family homes; and amending RCW 70.128.005, 70.128.010, 70.128.060, and 70.128.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 legislature further finds that no person or entity has a right to be licensed under this chapter to provide care for vulnerable adults. 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. Therefore, department decisions regarding an adult family home license should be given deference in any adjudicative proceeding.
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) "Reasonable grounds" means the department has a reasonable good faith belief that a license should be denied.
(11) "Resident manager" means a person employed or designated by the provider to manage the adult family home.
Sec. 3. RCW 70.128.060 and 1995 c 260 s 4 are each amended to read as follows:
(1) An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires.
(2) The department
shall issue a license to an adult family home if the department finds that the
applicant and the home are in compliance with this chapter and the rules
adopted under this chapter, unless (a) the applicant has prior violations of
this chapter relating to the adult family home subject to the application or
any other adult family home, or of any other law regulating ((residential))
care facilities ((within the past five years)) for adults or children
that resulted in revocation or nonrenewal of a license; or (b) the applicant
has a history of significant noncompliance with federal, state, or local laws,
rules, or regulations relating to the provision of care or services to
vulnerable adults or to children.
(3) The license fee shall be submitted with the application.
(4) The department shall serve upon the applicant a copy of the decision granting or denying an application for a license. An applicant shall have the right to contest denial of his or her application for a license as provided in chapter 34.05 RCW by requesting a hearing in writing within twenty-eight days after receipt of the notice of denial.
(5) In any adjudicative proceeding regarding the denial of an adult family home license, the department's decision shall be upheld except as set forth in subsection (6) of this section, on appeal or review if there are reasonable grounds to believe that:
(a) The applicant lacks the character, suitability, or competence to care for vulnerable adults; or
(b) The applicant has failed or refused to comply with any provision of this chapter or chapter 70.129 RCW, or the requirements adopted under either chapter.
(6) In an adjudicative proceeding regarding the denial of an additional adult family home license for a current provider, the department's decision shall be upheld on appeal or review if there is preponderance of evidence.
(7) In any other adjudicative proceeding regarding civil fines, stop placements, conditions, suspension, or revocation of a license under this chapter, the department's decision shall be upheld if it is supported by a preponderance of the evidence.
(8) The department shall not issue a license to a provider if the department finds that the provider or any partner, officer, director, managerial employee, or owner of five percent or more if the provider has a history of significant noncompliance with federal or state regulations, rules, or laws in providing care or services to vulnerable adults or to children.
(((6))) (9)
The department shall license an adult family home for the maximum level of care
that the adult family home may provide. The department shall define, in rule,
license levels based upon the education, training, and caregiving experience of
the licensed provider or staff.
(((7))) (10)
The department shall establish, by rule, standards used to license nonresident
providers and multiple facility operators.
(((8))) (11)
The department shall establish, by rule, for multiple facility operators
educational standards substantially equivalent to recognized national
certification standards for residential care administrators.
(((9))) (12)
The license fee shall be set at fifty dollars per year for each home. A fifty
dollar processing fee shall also be charged each home when the home is
initially licensed.
Sec. 4. 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, and entity
representative 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 a provider, and for resident managers and entity representatives whose employment begins after September 1, 2001, a high school diploma, GED, or any equivalent diploma;
(3) Good moral and responsible character and reputation;
(((3))) (4)
Literacy;
(((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 a provider, and for resident managers and entity representatives whose employment begins after September 1, 2001, at least three hundred twenty hours of successful direct caregiving experience to vulnerable adults or children prior to operating or managing an adult family home.
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