BILL REQ. #: Z-0014.13
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/13/11. Referred to Committee on Health & Long-Term Care.
AN ACT Relating to oversight of licensed or certified long-term care settings for vulnerable adults; amending RCW 70.128.005, 70.128.050, 70.128.065, 70.128.070, 70.128.120, 70.128.130, 70.128.140, 70.128.160, 70.128.220, 18.51.050, 18.20.050, and 70.128.060; adding new sections to chapter 74.39A RCW; creating new sections; repealing RCW 70.128.175; prescribing penalties; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 The legislature finds that Washington's
long-term care system should more aggressively promote protections for
the vulnerable populations it serves. The legislature intends to
address current statutes and funding levels that limit the department
of social and health services' ability to promote vulnerable adult
protections. The legislature further intends that the cost of facility
oversight should be supported by an appropriate license fee paid by the
regulated businesses, rather than by the general taxpayers.
Sec. 201 RCW 70.128.005 and 2009 c 530 s 2 are each amended to
read as follows:
(1) The legislature finds that:
(a) Adult family homes are an important part of the state's long-term care system. Adult family homes provide an alternative to
institutional care and promote a high degree of independent living for
residents.
(b) Persons with functional limitations have broadly varying
service needs. Adult family homes that can meet those needs are an
essential component of a long-term system. Different populations
living in adult family homes, such as persons with developmental
disabilities and elderly persons, often have significantly different
needs and capacities from one another.
(c) There is a need to update certain restrictive covenants to take
into consideration the legislative findings cited in (a) and (b) of
this subsection; the need to prevent or reduce institutionalization;
and the legislative and judicial mandates to provide care and services
in the least restrictive setting appropriate to the needs of the
individual. Restrictive covenants which directly or indirectly
restrict or prohibit the use of property for adult family homes (i) are
contrary to the public interest served by establishing adult family
homes and (ii) discriminate against individuals with disabilities in
violation of RCW 49.60.224.
(2) It is the legislature's intent that department rules and
policies relating to the licensing and operation of adult family homes
recognize and accommodate the different needs and capacities of the
various populations served by the homes. Furthermore, the development
and operation of adult family homes that ((can)) promote the health,
welfare, and safety of residents, and provide quality personal care and
special care services should be encouraged.
(3) The legislature finds that many residents of community-based
long-term care facilities are vulnerable and their health and well-being are dependent on their caregivers. The quality, skills, and
knowledge of their caregivers are the key to good care. The
legislature finds that the need for well-trained caregivers is growing
as the state's population ages and residents' needs increase. The
legislature intends that current training standards be enhanced.
(4) The legislature finds that the state of Washington has a
compelling interest in ((protecting and promoting)) developing and
enforcing standards that promote the health, welfare, and safety of
vulnerable adults residing in adult family homes. The health, safety,
and well-being of vulnerable adults must be the paramount concern in
determining whether to issue a license to an applicant, whether to
suspend or revoke a license, or whether to take other licensing
actions.
Sec. 202 RCW 70.128.050 and 1989 c 427 s 19 are each amended to
read as follows:
(1) After July 1, 1990, no person shall operate or maintain an
adult family home in this state without a license under this chapter.
(2) Couples legally married or state registered domestic partners
may not apply for separate licenses.
(3) In order to preserve the residential, home-like nature of the
adult family home, and to promote the health and safety of vulnerable
residents, the provider may not operate a separate business in the
adult family home, unless otherwise specified in rule.
Sec. 203 RCW 70.128.065 and 1996 c 81 s 6 are each amended to
read as follows:
(1) A multiple facility operator must successfully demonstrate to
the department financial solvency and management experience for the
homes under its ownership and the ability to meet other relevant
safety, health, and operating standards pertaining to the operation of
multiple homes, including ways to mitigate the potential impact of
vehicular traffic related to the operation of the homes.
(2) The department shall only accept an application for licensure
of an additional home when:
(a) A period of no less than thirty-six months has passed since the
issuance of the previous adult family home license; and
(b) The department has taken no enforcement actions against the
applicant's currently licensed adult family homes during the thirty-six
months prior to application.
(3) In the event of noncompliance with federal, state, or local
laws, or regulations relating to the provision of care or services to
vulnerable adults or children, the department is authorized to take one
or more actions listed in RCW 70.128.160(2) against any home or homes
operated by the provider.
(4) A provider is ultimately responsible for the day-to-day
operations of each licensed home.
Sec. 204 RCW 70.128.070 and 2004 c 143 s 1 are each amended to
read as follows:
(1) A license shall remain valid unless voluntarily surrendered,
suspended, or revoked in accordance with this chapter.
(2)(a) Homes applying for a license shall be inspected at the time
of licensure.
(b) Homes licensed by the department shall be inspected at least
every eighteen months, ((subject to available funds)) with an annual
average of fifteen months. However, an adult family home may be
allowed to continue without inspection for two years if the adult
family home had no inspection citations for the past three consecutive
inspections and has received no written notice of violations resulting
from complaint investigations during that same time period.
(c) The department may make an unannounced inspection of a licensed
home at any time to assure that the home and provider are in compliance
with this chapter and the rules adopted under this chapter.
(3) If the department finds that the home is not in compliance with
this chapter, it shall require the home to correct any violations as
provided in this chapter.
Sec. 205 RCW 70.128.120 and 2006 c 249 s 1 are each amended to
read as follows:
Each adult family home provider, applicant, and each resident
manager shall have the following minimum qualifications, except that
only ((providers)) applicants are required to meet the provisions of
subsections (10) and (11) of this section:
(1) Twenty-one years of age or older;
(2) For those applying after September 1, 2001, to be licensed as
providers, and for resident managers whose employment begins after
September 1, 2001, a United States high school diploma or general
educational development (GED) certificate or any English or translated
government documentation of the following:
(a) Successful completion of government-approved public or private
school education in a foreign country that includes an annual average
of one thousand hours of instruction over twelve years or no less than
twelve thousand hours of instruction;
(b) A foreign college, foreign university, or United States
community college two-year diploma;
(c) Admission to, or completion of coursework at, a foreign
university or college for which credit was granted;
(d) Admission to, or completion of coursework at, a United States
college or university for which credits were awarded;
(e) Admission to, or completion of postgraduate coursework at, a
United States college or university for which credits were awarded; or
(f) Successful passage of the United States board examination for
registered nursing, or any professional medical occupation for which
college or university education preparation was required;
(3) Good moral and responsible character and reputation;
(4) Literacy and the ability to communicate in the English
language((, however, a person not literate in the English language may
meet the requirements of this subsection by assuring)). The provider
and resident manager must assure that there is a person on staff and
available to residents, at all times, who is able to communicate ((or
make provisions for communicating)) with the resident in his or her
primary language and capable of understanding and speaking English well
enough to be able to respond appropriately to emergency situations and
be able to read and understand resident care plans;
(5) Management and administrative ability to carry out the
requirements of this chapter;
(6) Satisfactory completion of department-approved basic training
and continuing education training as ((specified by the department in
rule, based on recommendations of the community long-term care training
and education steering committee and working in collaboration with
providers, consumers, caregivers, advocates, family members, educators,
and other interested parties in the rule-making process)) required by
RCW 74.39A.073, and in rules adopted by the department;
(7) Satisfactory completion of department-approved, or equivalent,
special care training before a provider may provide special care
services to a resident;
(8) Not been convicted of any crime ((listed in)) that is
disqualifying under RCW 43.43.830 ((and)), 43.43.842, and
74.39A.050(8), or department rules adopted under this chapter;
(9) For those applying ((after September 1, 2001,)) to be licensed
as providers, and for resident managers whose employment begins after
((September 1, 2001)) the effective date of this section, at least
((three hundred twenty)) one thousand hours in the previous twenty-four
months of successful, direct caregiving experience obtained after age
eighteen to vulnerable adults in a licensed or contracted setting prior
to operating or managing an adult family home. The applicant or
resident manager must have credible evidence of the successful, direct
caregiving experience; ((and))
(10) ((Prior to being granted a license, providers applying after
January 1, 2007,)) For applicants, proof of financial solvency; and
(11) Applicants must complete ((a department-approved forty-eight
hour)) an adult family home administration and business planning class,
prior to being granted a license. The class must be a minimum of
forty-eight hours of classroom time and approved by the department.
The department shall promote and prioritize bilingual capabilities
within available resources and when materials are available for this
purpose.
Sec. 206 RCW 70.128.130 and 2000 c 121 s 6 are each amended to
read as follows:
(1) The provider is ultimately responsible for the day-to-day
operations of each licensed adult family home.
(2) The provider is responsible for the health, safety, and well-being of each resident residing in each licensed adult family home.
(3) Adult family homes shall be maintained internally and
externally in good repair and condition. Such homes shall have safe
and functioning systems for heating, cooling, hot and cold water,
electricity, plumbing, garbage disposal, sewage, cooking, laundry,
artificial and natural light, ventilation, and any other feature of the
home.
(((2))) (4) In order to preserve and promote the residential home-like nature of adult family homes, adult family homes shall:
(a) Have sufficient space to accommodate all residents at one time
in the dining and living room areas;
(b) Provide all residents free access to resident common areas
throughout the adult family home, including, but not limited to,
kitchens, dining and living areas, and bathrooms;
(c) Have hallways and doorways wide enough to accommodate residents
who use mobility aids such as wheelchairs and walkers; and
(d) Have outdoor areas that are safe for residents to use.
(5) Adult family homes shall be maintained in a clean and sanitary
manner, including proper sewage disposal, food handling, and hygiene
practices.
(((3))) (6) Adult family homes shall develop a fire drill plan for
emergency evacuation of residents, shall have working smoke detectors
in each bedroom where a resident is located, shall have working fire
extinguishers on each floor of the home, and shall not keep
nonambulatory patients above the first floor of the home.
(((4))) (7) The adult family home shall keep residents who require
physical, mental, or verbal assistance on the ground level floor of the
home where the home can assist residents to exit the home without the
use of interior or exterior steps.
(8) Adult family homes shall have clean, functioning, and safe
household items and furnishings.
(((5))) (9) Adult family homes shall provide a nutritious and
balanced diet and shall recognize residents' needs for special diets.
(((6))) (10) Adult family homes shall establish health care
procedures for the care of residents including medication
administration and emergency medical care.
(a) Adult family home residents shall be permitted to self-administer medications.
(b) Adult family home providers may administer medications and
deliver special care only to the extent authorized by law.
(((7))) (11) Adult family home providers shall either: (a) Reside
at the adult family home; or (b) employ or otherwise contract with a
qualified resident manager to reside at the adult family home. ((The
department may exempt, for good cause, a provider from the requirements
of this subsection by rule.)) (12) A provider will ensure that any volunteer, student,
employee, or person residing within the adult family home who will have
unsupervised access to any resident shall not have been convicted of a
crime listed under RCW 43.43.830 or 43.43.842. ((
(8)Except that)) A
provider may conditionally employ a person ((may be conditionally
employed)) pending the completion of a criminal conviction background
inquiry, but may not allow the person to have unsupervised access to
any resident.
(((9))) (13) A provider shall offer activities to residents under
care as defined by the department in rule.
(((10))) (14) An adult family home must be financially solvent, and
upon request, shall provide the department with detailed information
about the home's finances.
(15) An adult family home provider must ensure that staff are
competent and receive necessary training to perform assigned tasks.
Staff must satisfactorily complete department-approved staff
orientation, basic training, and continuing education as specified by
the department by rule.
Sec. 207 RCW 70.128.140 and 1995 1st sp.s. c 18 s 26 are each
amended to read as follows:
(1) Each adult family home shall meet applicable local licensing,
zoning, building, and housing codes, and state and local fire safety
regulations as they pertain to a single-family residence. It is the
responsibility of the home to check with local authorities to ensure
all local codes are met.
(2) An adult family home must be considered a residential use of
property for zoning and public and private utility rate purposes.
Adult family homes are a permitted use in all areas zoned for
residential or commercial purposes, including areas zoned for single-family dwellings.
Sec. 208 RCW 70.128.160 and 2001 c 193 s 5 are each amended to
read as follows:
(1) The department is authorized to take one or more of the actions
listed in subsection (2) of this section in any case in which the
department finds that an adult family home provider has:
(a) Failed or refused to comply with the requirements of this
chapter or the rules adopted under this chapter;
(b) Operated an adult family home without a license or under a
revoked license;
(c) Knowingly or with reason to know made a false statement of
material fact on his or her application for license or any data
attached thereto, or in any matter under investigation by the
department; or
(d) Willfully prevented or interfered with any inspection or
investigation by the department.
(2) When authorized by subsection (1) of this section, the
department may take one or more of the following actions:
(a) Refuse to issue a license;
(b) Impose reasonable conditions on a license, such as correction
within a specified time, training, and limits on the type of clients
the provider may admit or serve;
(c) Impose civil penalties of ((not more than)) at least one
hundred dollars per day per violation;
(d) Impose civil penalties of up to three thousand dollars for each
incident that violates adult family home licensing laws and rules,
including, but not limited to, chapters 70.128, 70.129, 74.34, and
74.39A RCW and related rules. Each day upon which the same or
substantially similar action occurs is a separate violation subject to
the assessment of a separate penalty;
(e) Impose civil penalties of up to ten thousand dollars for a
current or former licensed provider who is operating an unlicensed
home;
(f) Suspend, revoke, or refuse to renew a license; or
(((e))) (g) Suspend admissions to the adult family home by imposing
stop placement.
(3) When the department orders stop placement, the facility shall
not admit any person until the stop placement order is terminated. The
department may approve readmission of a resident to the facility from
a hospital or nursing home during the stop placement. The department
shall terminate the stop placement when: (a) The violations
necessitating the stop placement have been corrected; and (b) the
provider exhibits the capacity to maintain correction of the violations
previously found deficient. However, if upon the revisit the
department finds new violations that the department reasonably believes
will result in a new stop placement, the previous stop placement shall
remain in effect until the new stop placement is imposed.
(4) After a department finding of a violation for which a stop
placement has been imposed, the department shall make an on-site
revisit of the provider within fifteen working days from the request
for revisit, to ensure correction of the violation. For violations
that are serious or recurring or uncorrected following a previous
citation, and create actual or threatened harm to one or more
residents' well-being, including violations of residents' rights, the
department shall make an on-site revisit as soon as appropriate to
ensure correction of the violation. Verification of correction of all
other violations may be made by either a department on-site revisit or
by written or photographic documentation found by the department to be
credible. This subsection does not prevent the department from
enforcing license suspensions or revocations. Nothing in this
subsection shall interfere with or diminish the department's authority
and duty to ensure that the provider adequately cares for residents,
including to make departmental on-site revisits as needed to ensure
that the provider protects residents, and to enforce compliance with
this chapter.
(5) Chapter 34.05 RCW applies to department actions under this
section, except that orders of the department imposing license
suspension, stop placement, or conditions for continuation of a license
are effective immediately upon notice and shall continue in effect
pending any hearing.
Sec. 209 RCW 70.128.220 and 2002 c 223 s 3 are each amended to
read as follows:
Adult family homes have developed rapidly in response to the health
and social needs of the aging population in community settings,
especially as the aging population has increased in proportion to the
general population. The growing demand for elder care with a new focus
on issues affecting senior citizens, including persons with
developmental disabilities, mental illness, or dementia, has prompted
a growing need for professionalization of adult family home providers
to address quality care and quality of life issues consistent with
standards of accountability and regulatory safeguards for the health
and safety of the residents. ((The establishment of an advisory
committee to the department of social and health services under RCW
70.128.225 formalizes a stable process for discussing and considering
these issues among residents and their advocates, regulatory officials,
and adult family home providers. The dialogue among all stakeholders
interested in maintaining a healthy option for the aging population in
community settings assures the highest regard for the well-being of
these residents within a benign and functional regulatory environment.
The secretary shall be advised by an advisory committee on adult family
homes established under RCW 70.128.225.))
NEW SECTION. Sec. 210 RCW 70.128.175 (Definitions) and 1997 c
392 s 401, 1995 1st sp.s. c 18 s 29, & 1989 1st ex.s. c 9 s 815 are
each repealed.
Sec. 301 RCW 18.51.050 and 1991 sp.s. c 8 s 1 are each amended to
read as follows:
(1)(a) Upon receipt of an application for a license, the department
((shall)) may issue a license if the applicant and the nursing ((home))
home's facilities meet the requirements established under this chapter,
except that the department shall issue a temporary license to a court-appointed receiver for a period not to exceed six months from the date
of appointment. ((Prior to the issuance or renewal of the license, the
licensee shall pay a license fee as established by the department.))
(b)(i) Except as provided in (b)(ii) of this subsection, prior to
the issuance or renewal of the license, the licensee shall pay a
license fee. Beginning July 1, 2011, and thereafter, the per bed
license fee must be established in the omnibus appropriations act and
any amendment or additions made to that act. The license fees
established in the omnibus appropriations act and any amendment or
additions made to that act may not exceed the department's annual
licensing and oversight activity costs and shall include the
department's cost of paying providers for the amount of the license fee
attributed to medicaid clients.
(ii) No fee shall be required of government operated institutions
or court-appointed receivers. ((All))
(c) A license((s)) issued under ((the provisions of)) this chapter
((shall)) may not exceed twelve months in duration and expires on a
date ((to be)) set by the department((, but no license issued pursuant
to this chapter shall exceed thirty-six months in duration. When)).
(d) In the event of a change of ownership ((occurs, the entity
becoming the licensed operating entity of the facility shall pay a fee
established by the department at the time of application for the
license.)), the previously ((determined date of)) established license
expiration date shall not change. ((The department shall establish
license fees at an amount adequate to reimburse the department in full
for all costs of its licensing activities for nursing homes, adjusted
to cover the department's cost of reimbursing such fees through
medicaid.))
(2) All applications and fees for renewal of the license shall be
submitted to the department not later than thirty days prior to the
date of expiration of the license. All applications and fees, if any,
for change of ownership ((licenses)) shall be submitted to the
department not later than sixty days before the date of the proposed
change of ownership. ((Each)) A nursing home license shall be issued
only to the ((operating entity and those persons named in the license
application)) person who applied for the license. The license is valid
only for the operation of the facility at the location specified in the
license application. Licenses are not transferable or assignable.
Licenses shall be posted in a conspicuous place on the licensed
premises.
Sec. 302 RCW 18.20.050 and 2004 c 140 s 1 are each amended to
read as follows:
(1)(a) Upon receipt of an application for license, if the applicant
and the boarding ((home)) home's facilities meet the requirements
established under this chapter, the department ((shall)) may issue a
license. If there is a failure to comply with the provisions of this
chapter or the ((standards and)) rules adopted ((pursuant thereto))
under this chapter, the department may in its discretion issue a
provisional license to an applicant for a license((,)) or for the
renewal of a license((,)). A provisional license ((which will))
permits the operation of the boarding home for a period to be
determined by the department, but not to exceed twelve months((, which
provisional license shall not be)) and is not subject to renewal. The
department may also place conditions on the license under RCW
18.20.190. ((At the time of the application for or renewal of a
license or provisional license the licensee shall pay a license fee as
established by the department under RCW 43.20B.110. All licenses
issued under the provisions of this chapter shall expire on a date to
be set by the department, but no license issued pursuant to this
chapter shall exceed twelve months in duration. However, when the
annual license renewal date of a previously licensed boarding home is
set by the department on a date less than twelve months prior to the
expiration date of a license in effect at the time of reissuance, the
license fee shall be prorated on a monthly basis and a credit be
allowed at the first renewal of a license for any period of one month
or more covered by the previous license.))
(b) At the time of the application for or renewal of a license or
provisional license, the licensee shall pay a license fee. Beginning
July 1, 2011, and thereafter, the per bed license fee must be
established in the omnibus appropriations act and any amendment or
additions made to that act. The license fees established in the
omnibus appropriations act and any amendment or additions made to that
act may not exceed the department's annual licensing and oversight
activity costs and must include the department's cost of paying
providers for the amount of the license fee attributed to medicaid
clients.
(c) A license issued under this chapter may not exceed twelve
months in duration and expires on a date set by the department. A
boarding home license must be issued only to the person that applied
for the license. All applications for renewal of a license shall be
made not later than thirty days prior to the date of expiration of the
license. Each license shall be issued only for the premises and
persons named in the application, and no license shall be transferable
or assignable. Licenses shall be posted in a conspicuous place on the
licensed premises.
(2) A licensee who receives notification of the department's
initiation of a denial, suspension, nonrenewal, or revocation of a
boarding home license may, in lieu of appealing the department's
action, surrender or relinquish the license. The department shall not
issue a new license to or contract with the licensee, for the purposes
of providing care to vulnerable adults or children, for a period of
twenty years following the surrendering or relinquishment of the former
license. The licensing record shall indicate that the licensee
relinquished or surrendered the license, without admitting the
violations, after receiving notice of the department's initiation of a
denial, suspension, nonrenewal, or revocation of a license.
(3) The department shall establish, by rule, the circumstances
requiring a change in licensee, which include, but are not limited to,
a change in ownership or control of the boarding home or licensee, a
change in the licensee's form of legal organization, such as from sole
proprietorship to partnership or corporation, and a dissolution or
merger of the licensed entity with another legal organization. The new
licensee is subject to the provisions of this chapter, the rules
adopted under this chapter, and other applicable law. In order to
ensure that the safety of residents is not compromised by a change in
licensee, the new licensee is responsible for correction of all
violations that may exist at the time of the new license.
(4) The department may deny, suspend, modify, revoke, or refuse to
renew a license when the department finds that the applicant or
licensee or any partner, officer, director, managerial employee, or
majority owner of the applicant or licensee:
(a) Operated a boarding home without a license or under a revoked
or suspended license; or
(b) Knowingly or with reason to know made a false statement of a
material fact (i) in an application for license or any data attached to
the application, or (ii) in any matter under investigation by the
department; or
(c) Refused to allow representatives or agents of the department to
inspect (i) the books, records, and files required to be maintained, or
(ii) any portion of the premises of the boarding home; or
(d) Willfully prevented, interfered with, or attempted to impede in
any way (i) the work of any authorized representative of the
department, or (ii) the lawful enforcement of any provision of this
chapter; or
(e) Has a history of significant noncompliance with federal or
state regulations in providing care or services to vulnerable adults or
children. In deciding whether to deny, suspend, modify, revoke, or
refuse to renew a license under this section, the factors the
department considers shall include the gravity and frequency of the
noncompliance.
(5) The department shall serve upon the applicant a copy of the
decision granting or denying an application for a license. An
applicant shall have the right to contest denial of his or her
application for a license as provided in chapter 34.05 RCW by
requesting a hearing in writing within twenty-eight days after receipt
of the notice of denial.
Sec. 303 RCW 70.128.060 and 2009 c 530 s 5 are each amended to
read as follows:
(1) An application for license shall be made to the department upon
forms provided by it and shall contain such information as the
department reasonably requires.
(2) Subject to the provisions of this section, the department
((shall)) may issue a license to an adult family home if the department
finds that the applicant and the home are in compliance with this
chapter and the rules adopted under this chapter((, unless)). The
department is not required to issue a license, even if the minimum
standards under this chapter are met. The department may not issue a
license if (a) the applicant or a person affiliated with the applicant
has prior violations of this chapter relating to the adult family home
subject to the application or any other adult family home, or of any
other law regulating residential care facilities within the past
((five)) ten years that resulted in revocation, suspension, or
nonrenewal of a license or contract with the department; or (b) the
applicant or a person affiliated with the applicant has a history of
significant noncompliance with federal, state, or local laws, rules, or
regulations relating to the provision of care or services to vulnerable
adults or to children. A person is considered affiliated with an
applicant if the person is listed on the license application as a
partner, officer, director, resident manager, or majority owner of the
applying entity, or is the spouse of the applicant.
(3) The license fee shall be submitted with the application.
(4) Proof of financial solvency must be submitted when requested by
the department.
(5) The department shall serve upon the applicant a copy of the
decision granting or denying an application for a license. An
applicant shall have the right to contest denial of his or her
application for a license as provided in chapter 34.05 RCW by
requesting a hearing in writing within twenty-eight days after receipt
of the notice of denial.
(((5))) (6) The department shall not issue a license to a provider
if the department finds that the provider or spouse of the provider or
any partner, officer, director, managerial employee, or majority owner
has a history of significant noncompliance with federal or state
regulations, rules, or laws in providing care or services to vulnerable
adults or to children.
(((6))) (7) The department shall license an adult family home for
the maximum level of care that the adult family home may provide. The
department shall define, in rule, license levels based upon the
education, training, and caregiving experience of the licensed provider
or staff.
(((7))) (8) The department shall establish, by rule, standards used
to license nonresident providers and multiple facility operators.
(((8))) (9) The department shall establish, by rule, for multiple
facility operators educational standards substantially equivalent to
recognized national certification standards for residential care
administrators.
(((9) The license fee shall be set at one hundred dollars per year
for each home. An eight hundred dollar processing fee shall also be
charged each home when the home is initially licensed. The processing
fee will be applied toward the license renewal in the subsequent three
years. A five hundred dollar rebate will be returned to any home that
renews after four years in operation.))
(10) At the time of an application for an adult family home license
and upon the annual fee renewal date set by the department, the
licensee shall pay a license fee. Beginning July 1, 2011, the per bed
license fee and any processing fees, including the initial license fee,
must be established in the omnibus appropriations act and any amendment
or additions made to that act. The license fees established in the
omnibus appropriations act and any amendment or additions made to that
act may not exceed the department's annual licensing and oversight
activity costs and must include the department's cost of paying
providers for the amount of the license fee attributed to medicaid
clients.
(11) A provider who receives notification of the department's
initiation of a denial, suspension, nonrenewal, or revocation of an
adult family home license may, in lieu of appealing the department's
action, surrender or relinquish the license. The department shall not
issue a new license to or contract with the provider, for the purposes
of providing care to vulnerable adults or children, for a period of
twenty years following the surrendering or relinquishment of the former
license. The licensing record shall indicate that the provider
relinquished or surrendered the license, without admitting the
violations, after receiving notice of the department's initiation of a
denial, suspension, nonrenewal, or revocation of a license.
(((11))) (12) The department shall establish, by rule, the
circumstances requiring a change in the licensed provider, which
include, but are not limited to, a change in ownership or control of
the adult family home or provider, a change in the provider's form of
legal organization, such as from sole proprietorship to partnership or
corporation, and a dissolution or merger of the licensed entity with
another legal organization. The new provider is subject to the
provisions of this chapter, the rules adopted under this chapter, and
other applicable law. In order to ensure that the safety of residents
is not compromised by a change in provider, the new provider is
responsible for correction of all violations that may exist at the time
of the new license.
NEW SECTION. Sec. 401 Subject to funding provided for this
specific purpose, the department of social and health services shall
use additional investigative resources to address a significant growth
in the long-term care complaint workload. Because the licensors will
not need to investigate as many complaints, the department shall use
the resulting licensor resources to decrease the average time between
adult family home and boarding home inspections and to increase the
variability of the timing of inspections to make them more
unpredictable. "Complaints," as used in this section, include both
complaints about provider practice and complaints about individuals
alleged to have abused, neglected, abandoned, or exploited residents or
clients.
NEW SECTION. Sec. 402 Subject to funding provided for this
specific purpose, the department of social and health services shall
develop for phased-in implementation a statewide internal quality
review and accountability program for residential care services. The
program must be designed to enable the department to improve the
accountability of staff and the consistent application of investigative
activities across all long-term care settings, and must allow the
systematic monitoring and evaluation of long-term care licensing and
certification. The program must be designed to improve and standardize
investigative outcomes for the vulnerable individuals at risk of abuse
and neglect, and coordinate outcomes across the department to prevent
perpetrators from changing settings and continuing to work with
vulnerable adults.
NEW SECTION. Sec. 501 If specific funding for the purposes of
implementing sections 401 and 402 of this act, referencing sections 401
and 402 of this act by bill or chapter or section number, is not
provided by June 30, 2011, in the omnibus operating appropriations act,
sections 401 and 402 of this act are null and void.
NEW SECTION. Sec. 502 Sections 401 and 402 of this act are each
added to chapter
NEW SECTION. Sec. 503 Sections 301 through 303 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect July 1, 2011.