BILL REQ. #:  H-2140.1 

Read first time 03/01/2005.   Referred to Committee on Health Care.

     AN ACT Relating to a moratorium on boarding home and adult family home licenses; adding new sections to chapter 43.131 RCW; creating new sections; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that some areas of the state have a significantly higher capacity of licensed boarding home, adult family home, and nursing home beds than they have occupancy. In Yakima county, in addition to having significantly higher capacity than occupancy in boarding homes, adult family homes, and nursing homes, approximately seventy-eight percent of those receiving care in adult family homes, boarding homes, and nursing home beds are on medicaid. High vacancy rates, coupled with a high medicaid population in these care settings, can lead to quality of care issues and cost shifting to the private pay sector. It is for this reason that a moratorium on licensing of new boarding homes and adult family homes should occur until a comprehensive study can be completed on occupancy rates and projected future need in boarding homes, nursing homes, and adult family homes.

NEW SECTION.  Sec. 2   Effective July 1, 2005, and for any application received after July 1, 2005, a moratorium exists on all new boarding home and adult family home licenses in Yakima county until June 30, 2007. The department of social and health services may issue a license to an applicant for operation of a boarding home or adult family home if the schematic plans or construction drawings for a proposed facility were submitted prior to July 1, 2005.

NEW SECTION.  Sec. 3   (1) No later than December 1, 2005, the department of social and health services shall determine and inform the legislature of:
     (a) The number of licensed nursing home beds and the average occupancy rate of each licensed nursing home in the state of Washington between July 1, 2004, and June 30, 2005;
     (b) The number of licensed boarding home beds and the average occupancy rate of each licensed boarding home in the state of Washington between July 1, 2004, and June 30, 2005;
     (c) The number of licensed adult family home beds and the average occupancy rate of licensed adult family homes in the state of Washington between July 1, 2004, and June 30, 2005; and
     (d) The number of individuals receiving home and community services in the state of Washington by service area between July 1, 2004, and June 30, 2005.
     (2) Upon determining the licensed bed capacity and average occupancy rates for residential care facilities in the state of Washington, the department shall assess and analyze each planning area's bed capacity, occupancy rates, and projected future need of residential care facilities, and the impact of future construction of residential care facilities on current providers.
     (3) As used in this section:
     (a) "Planning area" means each individual county designated by the department as the smallest geographic area for which nursing home bed need projections are developed except as follows:
     (i) Clark and Skamania counties shall be one planning area; and
     (ii) Chelan and Douglas counties shall be one planning area.
     (b) "Residential care facility" means an adult family home licensed under chapter 70.128 RCW, a boarding home licensed under chapter 18.20 RCW, or a nursing home licensed under chapter 18.51 RCW.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.131 RCW to read as follows:
     The moratorium on boarding home and adult family home licenses in Yakima county established in section 2 of this act shall be terminated on June 30, 2007, as provided in section 5 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.131 RCW to read as follows:
     Section 2 of this act, as now existing or hereafter amended, is repealed effective June 30, 2008.

NEW SECTION.  Sec. 6   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.