AN
ACT Relating to the establishment of a quality improvement program for boarding
homes; amending RCW 18.20.115; adding a new section to chapter 18.20 RCW; and
declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.20.115 and 1997 c 392 s 213 are each amended to read as follows:
The
((department's system of quality improvement for long-term care services
shall use)) department shall, within available funding for this purpose,
develop and make available to boarding homes a quality improvement consultation
program using the following principles((, consistent with applicable
federal laws and regulations)):
(1)
The system shall be resident-centered and promote privacy, independence,
dignity, choice, and a home or home-like environment for residents consistent
with chapter 70.129 RCW.
(2)
The goal of the system is continuous quality improvement with the focus on
resident satisfaction and outcomes for residents. ((This includes that when
conducting licensing inspections, the department shall interview an appropriate
percentage of residents, family members, and advocates in addition to
interviewing appropriate staff.)) The quality improvement consultation
program shall be offered to boarding homes on a voluntary basis. Based on
requests for the services of the quality improvement consultation program, the
department may establish a process for prioritizing service availability.
(3)
((Facilities)) Boarding homes should be supported in their
efforts to improve quality and address ((identified)) problems, as
identified by the licensee, initially through training, consultation,
and technical assistance. At a minimum, the department may, within
available funding, at the request of the boarding home, conduct on-site visits
and telephone consultations.
(4)
To facilitate collaboration and trust between the boarding homes and the
department's quality improvement consultation program staff, the consultation
program staff shall not simultaneously serve as department licensors, complaint
investigators, or participate in any enforcement-related decisions, within the
region in which they perform consultation activities; except such staff may
investigate on an emergency basis, complaints anywhere in the state when the
complaint indicates high risk to resident health or safety. Any records or
information gained as a result of their work under the quality improvement
consultation program shall not be disclosed to or shared with nonmanagerial
department licensing or complaint investigation staff, unless necessary to
carry out duties described under chapter 74.34 RCW. The emphasis should be
on problem prevention ((both in monitoring and in screening potential
providers of service)). Nothing in this section shall limit or
interfere with the consultant's mandated reporting duties under chapter 74.34
RCW.
(5)
((Monitoring should be outcome based and responsive to resident complaints
and a clear set of health, quality of care, and safety standards that are
easily understandable and have been made available to facilities.
(6)
Prompt and specific enforcement remedies shall also be implemented without
delay, consistent with RCW 18.20.190, for facilities found to have delivered
care or failed to deliver care resulting in problems that are serious,
recurring, or uncorrected, or that create a hazard that is causing or likely to
cause death or serious harm to one or more residents. These enforcement
remedies may also include, when appropriate, reasonable conditions on a
license. In the selection of remedies, the safety, health, and well-being of
residents shall be of paramount importance.
(7)
To the extent funding is available, the licensee, administrator, and their
staff should be screened through background checks in a uniform and timely
manner to ensure that they do not have a criminal history that would disqualify
them from working with vulnerable adults. Employees may be provisionally hired
pending the results of the background check if they have been given three
positive references.
(8))) The
department shall promote the development of a training system that is practical
and relevant to the needs of residents and staff. To improve access to
training, especially for rural communities, the training system may include,
but is not limited to, the use of satellite technology distance learning that
is coordinated through community colleges or other appropriate organizations.
(((9)
No licensee, administrator, or staff, or prospective licensee, administrator,
or staff, with a stipulated finding of fact, conclusion of law, and agreed
order, or finding of fact, conclusion of law, or final order issued by a
disciplining authority, a court of law, or entered into the state registry
finding him or her guilty of abuse, neglect, exploitation, or abandonment of a
minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed
in the care of and have unsupervised access to vulnerable adults.))
NEW
SECTION. Sec. 2. A
new section is added to chapter 18.20 RCW to read as follows:
(1)
Monitoring should be outcome based and responsive to resident complaints and a
clear set of health, quality of care, and safety standards that are easily
understandable and have been made available to facilities. This includes that
when conducting licensing inspections, the department shall interview an
appropriate percentage of residents, family members, and advocates in addition
to interviewing appropriate staff.
(2)
Prompt and specific enforcement remedies shall also be implemented without
delay, consistent with RCW 18.20.190, for facilities found to have delivered
care or failed to deliver care resulting in problems that are serious,
recurring, or uncorrected, or that create a hazard that is causing or likely to
cause death or serious harm to one or more residents. These enforcement
remedies may also include, when appropriate, reasonable conditions on a
license. In the selection of remedies, the safety, health, and well-being of
residents shall be of paramount importance.
(3)
To the extent funding is available, the licensee, administrator, and their
staff should be screened through background checks in a uniform and timely
manner to ensure that they do not have a criminal history that would disqualify
them from working with vulnerable adults. Employees may be provisionally hired
pending the results of the background check if they have been given three
positive references.
(4)
No licensee, administrator, or staff, or prospective licensee, administrator,
or staff, with a stipulated finding of fact, conclusion of law, and agreed
order, or finding of fact, conclusion of law, or final order issued by a
disciplining authority, a court of law, or entered into the state registry
finding him or her guilty of abuse, neglect, exploitation, or abandonment of a
minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed
in the care of and have unsupervised access to vulnerable adults.
NEW
SECTION. Sec. 3. 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.
