AN
ACT Relating to adult family homes; 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.
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 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.
*Sec. 11 was vetoed. See message at end of chapter.
*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.
*Sec. 12 was vetoed. See message at end of chapter.
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.
*Sec. 15 was vetoed. See message at end of chapter.
