1277-S AMH CODY BLAC 097
SHB 1277 - H AMD 705
By Representative Cody
ADOPTED 05/02/2011
On page 3, line 31, after "of the" strike "previous" and insert "initial"
On page 3, line 35, after "(3)"
insert "The department shall only accept an additional application for
licensure of other adult family homes when twelve months has passed since the
previous adult family home license, and the department has taken no enforcement
actions against the applicant's currently licensed adult family homes during
the twelve months prior to application.
(4)"
Renumber the remaining subsections consecutively and correct any internal references accordingly.
On page 6, line 17, after "previous" strike "thirty-six" and insert "sixty"
On page 6, line 22, after "experience" insert "or, currently hold one of the following professional licenses: Physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; osteopathic physician assistant licensed under chapter 18.57A RCW; physician assistant licensed under chapter 18.71A RCW; registered nurse, advanced registered nurse practitioner, or licensed practical nurse licensed under chapter 18.79 RCW"
On page 11, line 30, after "residents." insert "The criteria shall be tiered such that those homes consistently found to have deficiencies will be subjected to increasingly severe penalties."
On page 12, line 9, after "growing" strike "need for"
On page 13, beginning on line 27, after "(5)"
strike all material through "comingled" on page 15, line 4 and
insert "If any funds in excess of one hundred dollars are paid to an
adult family home by the resident or a representative of the resident, as a
security deposit for performance of the resident's obligations, or as
prepayment of charges beyond the first month's residency, the funds shall be
deposited by the adult family home in an interest-bearing account that is
separate from any of the home's operating accounts, and that credits all
interest earned on the resident's funds to that account. In pooled accounts, there
must be a separate accounting for each resident's share. The account or
accounts shall be in a financial institution as defined by RCW 30.22.041, and
the resident shall be notified in writing of the name, address, and location of
the depository. The adult family home may not commingle resident funds from
these accounts with the adult family home's funds or with the funds of any
person other than another resident. The individual resident's account record
shall be available upon request by the resident or the resident's
representative.
(6) The adult family home shall provide the resident or the resident's
representative full disclosure in writing, prior to the receipt of any funds
for a deposit, security, prepaid charges, or any other fees or charges, specifying
what the funds are paid for and the basis for retaining any portion of the
funds if the resident dies, is hospitalized, or is transferred or discharged
from the adult family home. The disclosure must be in a language that the
resident or the resident's representative understands, and be acknowledged in
writing by the resident or the resident's representative. The adult family
home shall retain a copy of the disclosure and the acknowledgment. The adult
family home may not retain funds for reasonable wear and tear by the resident
or for any basis that would violate RCW 70.129.150.
(7) Funds paid by the resident or the resident's representative to the
adult family home, which the adult family home in turn pays to a placement
agency or person, shall be governed by the disclosure requirements of this
section. If the resident then dies, is hospitalized, or is transferred or
discharged from the adult family home, and is entitled to any refund of funds
under this section or RCW 70.129.150, the adult family home shall refund the
funds to the resident or the resident's representative within thirty days of
the resident leaving the adult family home, and may not require the resident to
obtain the refund from the placement agency or person.
(8) If, during the stay of the resident, the status of the adult family
home licensee or ownership is changed or transferred to another, any funds in
the resident's accounts affected by the change or transfer shall simultaneously
be deposited in an equivalent account or accounts by the successor or new
licensee or owner, who shall promptly notify the resident or the resident's
representative in writing of the name, address, and location of the new
depository.
(9) Because it is a matter of great public importance to protect
residents who need long-term care from deceptive disclosures and unfair
retention of deposits, fees, or prepaid charges by adult family homes, a
violation of this section or RCW 70.129.150 shall be construed for purposes of
the consumer protection act, chapter 19.86 RCW, to constitute an unfair or
deceptive act or practice or an unfair method of competition in the conduct of
trade or commerce. The resident's claim to any funds paid under this section
shall be prior to that of any creditor of the adult family home, its owner, or
licensee, even if such funds are commingled"
On page 22, line 4, after "502." insert "(1)"
On page 22, after line 16, insert the following:
"(2) The department shall convene a quality assurance panel to review problems in the quality of care in adult family homes and to reduce incidents of abuse, neglect, abandonment, and financial exploitation. The state's long-term care ombudsman shall chair the panel and identify appropriate stakeholders to participate. The panel must consider inspection, investigation, public complaint, and enforcement issues that relate to adult family homes. The panel must also focus on oversight issues to address de minimus violations, processes for handling unresolved citations, and better ways to oversee new providers. The panel shall meet at least quarterly, and provide a report with recommendations to the governor's office, the senate health and long-term care committee, and the house of representatives health and wellness committee by December 1, 2012."
On page 22, beginning on line 17, strike all of section 503
Correct any internal references accordingly.
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EFFECT: Limits the 24 month waiting period for the Department of Social and Health Services (DSHS) accepting applications for additional adult family homes to 24 months following the initial adult family home license. Imposes a 12 month (reduced from 24 months) waiting period for other adult family home applicants and requires that there not have been any enforcement actions taken by the DSHS against the applicant within 12 months prior to application.
Requires the DSHS, when establishing criteria for applying sanctions to adult family homes, to develop tiers to impose higher penalties on those adult family homes that have consistently had findings of deficiencies.
Limits the application of resident fund protections to only adult family homes, rather than all long-term care facilities.
Extends the amount of time that an applicant or resident manager has to meet the 1,000 hours of direct caregiving experience requirement from 36 months to 60 months. Allows current licensure as either a physician, osteopathic physician, osteopathic physician assistant, physician assistant, registered nurse, advanced registered nurse practitioner, or licensed nurse to substitute for the proof of completion of the direct caregiving experience requirement.
Changes the convening entity of the adult family home quality assurance panel from the Washington State Long-Term Care Ombudsman to the DSHS. Maintains the panel's general responsibilities to recommend ways to improve resident safety and oversight in adult family homes, but states them in less specific terms. Extends the submission of the panel's report from July 1, 2012 to December 1, 2012.
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