1494-S AMH HINK BLAC 036
SHB 1494 - H AMD 431
By Representative Hinkle
OUT OF ORDER 03/07/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that locating
acceptable housing and appropriate care for vulnerable adults is an
important aspect of making available an appropriate continuity of care for senior citizens.
(2) The legislature further finds that locating appropriate and quality housing and care alternatives is sometimes facilitated by
eldercare referral agencies providing or attempting to provide referrals.
(3) The legislature further finds that the registration of eldercare referral agencies is in the interest of public health, safety, and welfare.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Applicant" means an applicant for an eldercare referral agency registration.
(2) "Client" means (a) a senior or a vulnerable adult seeking a referral for supportive housing or care services through an eldercare referral agency, or, (b) as applicable, a person seeking a referral for supportive housing or care services on behalf of a senior or vulnerable adult through an eldercare referral agency. A “Client” does not include a person only seeking information or any person who is not a resident of Washington State.
(3) "Department" means the department of health.
(4) "Eldercare referral agency" and "agency" means a business or person:
(a) Who receives a fee from or on behalf of a vulnerable adult seeking a referral to a provider, or
(b) Who receives a fee from a care services provider or supportive housing provider because of any referral provided to a client.
(5) "Fee" means anything of value. "Fee" includes money or other valuable consideration or services or the promise of money or other valuable consideration or services, received directly or indirectly
by an eldercare referral agency.
(6) "Information" means general information provided by an agency to a person about the types of supportive housing or care services available in the area that may meet the needs of an elderly or vulnerable adult. “Information” includes specific names of providers of care services or supportive housing if provided to a person, but only if such information is provided as general advertising or is provided solely based on general data such as a person’s geographic location, preferred geographic location, preferred language, or other data that does not include medical records or similar detailed health information.
(7) "Person" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent or any of their employees.
(8)"Provider" means any entity or person that:
(a) Provides supportive housing or care services to a vulnerable adult for a fee, and
(b) Provides or is required to provide such housing or services under a state or local business license that is specific to such housing or services; and
(c) Operates a supportive housing or care services business in Washington State.
(9) “Referral” means (a) the act of an agency giving a client the name or names of specific providers that may meet the needs of the senior or vulnerable adult, or (b) the act of an agency giving a provider the name of a client for the purposes of enabling the provider to contact the client regarding care services or supportive housing provided by that provider. However, a “Referral” does not include the providing of information alone to a person.
(10) "Secretary" means the secretary of health.
(11) "Supportive housing" means any type of housing that both:
(a) includes services for care needs, and
(b) is designed for prospective residents who are vulnerable adults. Supportive housing means nursing homes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, adult family homes licensed under chapter 70.128 RCW, and continuing care retirement communities under RCW 70.38.025.
(12) "Vulnerable adult" has the same meaning as in RCW 74.34.020.
NEW SECTION. Sec. 3. After July 1, 2012, a person operating or maintaining an agency in this state must be registered by the department.
NEW SECTION. Sec. 4. (1) The secretary shall administer the provisions of this chapter and adopt reasonable rules for enforcing and carrying out the provisions of this chapter.
(2) The secretary has supervisory and investigative authority over eldercare referral agencies’ compliance with this chapter. Upon receiving a complaint against any agency, the secretary has the right to examine the books, documents, or records in the possession of an agency solely in order to determine the agency’s compliance with this chapter.
(3) The secretary and any agency enforcing this chapter will not deny or revoke a registration that is required by this chapter unless it demonstrates an intentional and substantial pattern of noncompliance by an eldercare referral agency that was known or should have, through reasonable diligence, been known by an officer or owner of the agency. Without limitation, regular employee training regarding the requirements of this chapter and reasonable employee supervision regarding the same will be decisive evidence that an agency has not intended to violate this chapter.
(4) Prior to the department’s revocation of an agency’s registration or denial of the agency’s registration renewal under subsection (3) of this section, the agency will be permitted a reasonable opportunity to correct any curable noncompliance and institute measures designed to avoid future noncompliance. In this case, the agency will cooperate with the department and secretary to develop a reasonable compliance plan and reporting processes as necessary to avoid future noncompliance with this chapter.
NEW SECTION. Sec. 5. (1) As a condition of obtaining and maintaining a valid agency registration, each agency must provide
evidence of having general liability insurance.
(2) The minimum amount of general liability insurance required is one million dollars annual aggregate.
NEW SECTION. Sec. 6. It is a misdemeanor for any person to operate an agency in this state unless he or she has registered with the department under this chapter.
NEW SECTION. Sec. 7. (1) An agency must provide a disclosure statement to each client prior to providing the first referral to the client.
(2) The disclosure statement must contain the following to the extent known to the agency:
(a) The name, address, and telephone number of the agency;
(b) As applicable, a statement that the agency will receive a fee from the provider, the client, or both, if the client moves into the referred-provider’s property or receives care services from the provider as a result of the referral;
(c) A general description of the services provided by the agency;
(d) A general description of the qualifications of the agency personnel who will be working with the client, or, alternatively, a statement informing the client how to obtain such information from the agency online or otherwise;
(e) If the agency or its personnel who are directly involved in providing referrals to clients (including such personnel’s immediate family members) have an ownership interest in the supportive housing or care services to which the client is given a referral, a provision stating that the agency or such personnel or their immediate family members have an ownership interest in the supportive housing or care services to which the client is given referral services, and, if such ownership interest exists, an explanation of that interest.
NEW SECTION. Sec. 8. The agency shall use an intake form for all clients for whom the agency provides a referral. The intake form must, at a minimum, contain questions addressing the following information about the vulnerable adult:
(1) Age;
(2) Information about physical health, including any know diagnoses, diseases, health concerns medical needs or recent medical procedures;
(3) Any significant known behaviors or symptoms that may cause concern or require special care;
(4) Information about cognition concerns, including any dementia, mental illness or developmental disability, if any;
(5) Any assistance needed for activities of daily living;
(6) Activity preferences;
(7) Geographic location preferences;
(8) Basic understanding of the financial situation of the vulnerable adult, including any long-term care insurance or financial or assistance available from other sources;
(9) Preferences regarding other issues important to the vulnerable adult, such as special cultural needs, special dietary needs or other special daily routine needs.
NEW SECTION. Sec. 9. An employee of an agency who provides referrals to clients or who works directly with vulnerable adults on behalf of the agency must pass a criminal background check every twenty-four months. To pass such criminal background check, the employee must not have been convicted of any crime that is disqualifying under RCW 43.43.830 or 43.43.842, or been found by a court of law or disciplinary authority to have abused, neglected, financially exploited, or abandoned a vulnerable adult. The rules adopted under this section shall permit the eldercare referral agency to consider the criminal history of an applicant for employment when the applicant has one or more convictions for a past offense described in this chapter. An individual responding to a criminal background inquiry request from his or her employer or potential employer shall disclose the information about his or her criminal history under penalty of perjury. The secretary shall use any such information provided by an agency or agency employee solely for the purpose of determining an agency’s compliance with the requirements of this chapter. Criminal justice agencies shall provide the secretaries such information as they may have and that the secretaries may require for such purpose.
NEW SECTION. Sec. 10. An applicant for an eldercare referral agency registration or a renewal must file with the secretary a written registration application stating (1) the name and address of the applicant, (2) the street address of the agency, (3) the name of the general manager of the office, and (4) the name of the business. The application must be signed by the applicant. If the applicant is a corporation, the application must identify the state of incorporation of the corporation and be signed by an officer thereof. If the applicant is a partnership, the application must also state the names and addresses of all partners and must be signed by all of them. At the time of the application for or renewal of a registration or provisional registration the applicant must pay a registration fee as established by the secretary. Each registration is valid for a period of twelve months.
NEW SECTION. Sec. 11. In addition to any other authority provided by law, the secretary has the authority to:
(1) Set all elder placement agency initial registration and renewal fees in accordance with 43.70.250 and to collect and deposit all such fees in the health professions account established under RCW 43.70.320. The secretary may waive the fees when, in the discretion of the secretary, the fees would not be in the best interest of public health and safety, or when the fees would be to the financial disadvantage of the state. Fees charged shall be based on, but shall not exceed, the cost to the department for the licensure of the activity and may include costs of necessary records inspection. Department of health advisory committees may review fees established by the secretary for registration and comment upon the appropriateness of the level of such fees.
(2) Establish forms and procedures necessary to administer this
chapter;
(3) Hire clerical, administrative, and investigative staff as needed to implement this chapter;
(4) Issue an eldercare agency registration to any applicant who has met the requirements of this chapter and deny a registration to any applicant who fails to meet these requirements;
(5) Maintain the official record for the department of all applicants and persons with registrations and certificates under this chapter; and
(6) Deny or revoke agency registration issued under this chapter if an agency fails to comply with the provisions hereof.
NEW SECTION. Sec. 12. The secretary has authority under this chapter in relation to eldercare referral agencies. No chapter within Title 18 RCW will apply to an eldercare referral agency or its registration with the department other than this chapter.
NEW SECTION. Sec. 13. Agencies and their employees, owners, and officers will not be considered providers and will not be liable or responsible for the acts or omissions of a provider.
NEW SECTION. Sec. 14. Nothing in this chapter will limit, specify, or otherwise regulate the fees charged by an agency to a provider for a referral.
NEW SECTION. Sec. 15. This chapter may be known and cited as the "eldercare referral act."
NEW SECTION. Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
NEW SECTION. Sec. 17. Sections 1 through 17 of this act constitute a new chapter in Title 18 RCW."
Correct the title.
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EFFECT: Eliminates elements of the underlying bill relating to "elder and vulnerable adult referral agencies," including acknowledgements of disclosure statements, recordkeeping requirements, refund policies, and Consumer Protection Act enforcement.
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