BILL REQ. #:  H-1009.1 

Read first time 01/22/2007.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to volunteer hospice care centers; and amending RCW 18.20.030 and 70.128.030.

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

Sec. 1   RCW 18.20.030 and 2004 c 142 s 17 are each amended to read as follows:
     (1) After January 1, 1958, no person shall operate or maintain a boarding home as defined in this chapter within this state without a license under this chapter.
     (2) A boarding home license is not required for the housing, or services, that are customarily provided under landlord tenant agreements governed by the residential landlord-tenant act, chapter 59.18 RCW, or when housing nonresident individuals who, without ongoing assistance from the boarding home, initiate and arrange for services provided by persons other than the boarding home licensee or the licensee's contractor. This subsection does not prohibit the licensee from furnishing written information concerning available community resources to the nonresident individual or the individual's family members or legal representatives. The licensee may not require the use of any particular service provider.
     (3) Residents receiving domiciliary care, directly or indirectly by the boarding home, are not considered nonresident individuals for the purposes of this section.
     (4) A boarding home license is required when any person other than an outside service provider, under RCW 18.20.380, or family member:
     (a) Assumes general responsibility for the safety and well-being of a resident;
     (b) Provides assistance with activities of daily living, either directly or indirectly;
     (c) Provides health support services, either directly or indirectly; or
     (d) Provides intermittent nursing services, either directly or indirectly.
     (5) A boarding home license is not required for one or more of the following services that may be provided to a nonresident individual: (a) Emergency assistance provided on an intermittent or nonroutine basis to any nonresident individual; (b) systems employed by independent senior housing, or independent living units in continuing care retirement communities, to respond to the potential need for emergency services for nonresident individuals; (c) infrequent, voluntary, and nonscheduled blood pressure checks for nonresident individuals; (d) nurse referral services provided at the request of a nonresident individual to determine whether referral to an outside health care provider is recommended; (e) making health care appointments at the request of nonresident individuals; (f) preadmission assessment, at the request of the nonresident individual, for the purposes of transitioning to a licensed care setting; or (g) services customarily provided under landlord tenant agreements governed by the residential landlord-tenant act, chapter 59.18 RCW. The preceding services may not include continual care or supervision of a nonresident individual without a boarding home license.
     (6) A boarding home license is not required for a volunteer hospice care center that is exempt under RCW 70.127.050 from licensing requirements under chapter 70.127 RCW.

Sec. 2   RCW 70.128.030 and 1989 c 427 s 17 are each amended to read as follows:
     The following residential facilities shall be exempt from the operation of this chapter:
     (1) Nursing homes licensed under chapter 18.51 RCW;
     (2) Boarding homes licensed under chapter 18.20 RCW;
     (3) Facilities approved and certified under chapter 71A.22 RCW;
     (4) Residential treatment centers for ((the)) persons who are mentally ill licensed under chapter 71.24 RCW;
     (5) Hospitals licensed under chapter 70.41 RCW;
     (6) Homes for ((the)) persons who are developmentally disabled licensed under chapter 74.15 RCW;
     (7) Volunteer hospice care centers that are exempt under RCW 70.127.050 from licensing requirements under chapter 70.127 RCW.