| Passed by the House April 23, 2005 Yeas 92 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 14, 2005 Yeas 45 BRAD OWEN ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1606 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk | |
| Approved May 17, 2005, with the
exception of Section 2, which is vetoed. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 17, 2005 - 2:13 p.m. Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/04/05.
AN ACT Relating to fairness in the informal dispute resolution process; amending RCW 18.20.195; and adding a new section to chapter 18.51 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.20.195 and 2004 c 140 s 5 are each amended to read
as follows:
(1) The licensee or its designee has the right to an informal
dispute resolution process to dispute any violation found or
enforcement remedy imposed by the department during a licensing
inspection or complaint investigation. The purpose of the informal
dispute resolution process is to provide an opportunity for an exchange
of information that may lead to the modification, deletion, or removal
of a violation, or parts of a violation, or enforcement remedy imposed
by the department.
(2) The informal dispute resolution process provided by the
department shall include, but is not necessarily limited to, an
opportunity for review by a department employee who did not participate
in, or oversee, the determination of the violation or enforcement
remedy under dispute. The department shall develop, or further
develop, an informal dispute resolution process consistent with this
section.
(3) A request for an informal dispute resolution shall be made to
the department within ten working days from the receipt of a written
finding of a violation or enforcement remedy. The request shall
identify the violation or violations and enforcement remedy or remedies
being disputed. The department shall convene a meeting, when possible,
within ten working days of receipt of the request for informal dispute
resolution, unless by mutual agreement a later date is agreed upon.
(4) If the department determines that a violation or enforcement
remedy should not be cited or imposed, the department shall delete the
violation or immediately rescind or modify the enforcement remedy. If
the department determines that a violation should have been cited ((or
an enforcement remedy imposed)) under a different more appropriate
regulation, the department shall ((add the citation or enforcement
remedy)) revise the report, statement of deficiencies, or enforcement
remedy accordingly. Upon request, the department shall issue a clean
copy of the revised report, statement of deficiencies, or notice of
enforcement action.
(5) The request for informal dispute resolution does not delay the
effective date of any enforcement remedy imposed by the department,
except that civil monetary fines are not payable until the exhaustion
of any formal hearing and appeal rights provided under this chapter.
The licensee shall submit to the department, within the time period
prescribed by the department, a plan of correction to address any
undisputed violations, and including any violations that still remain
following the informal dispute resolution.
*NEW SECTION. Sec. 2 A new section is added to chapter 18.51 RCW
to read as follows:
(1) A nursing home provider shall have the right to an informal
review to present written evidence to refute the findings or
deficiencies cited during a licensing or certification survey or a
complaint investigation. The purpose of the informal dispute
resolution process is to provide an opportunity for an exchange of
information that may lead to the modification, deletion, or removal of
a deficiency, or parts of a deficiency, cited by the department.
(2) The informal dispute resolution process provided by the
department shall, at a minimum, be consistent with 42 C.F.R. 488.331
and the federal state operations manual and shall require the
department when conducting an informal dispute resolution process with
a nursing home provider or its designee to provide an opportunity for
input from residents or resident representatives.
(3) If the department determines that a deficiency should not be
cited, the department shall delete the deficiency. If the department
determines that a deficiency should have been cited under a different
more appropriate regulation, the department shall revise the statement
of deficiencies accordingly. If the provider is successful in
demonstrating that one or more deficiencies should not have been cited,
the deficiency or deficiencies are removed from the statement of
deficiencies and any enforcement action imposed solely as a result of
the cited deficiency or deficiencies are rescinded. Upon request, the
department shall issue a clean copy of the statement of deficiencies or
notice of enforcement action. The request for informal dispute
resolution does not delay the effective date of any enforcement remedy
imposed by the department, except that civil monetary fines are not
payable until the exhaustion of any formal hearing and appeal rights
provided under this chapter.
*Sec. 2 was vetoed. See message at end of chapter.