BILL REQ. #:  S-1275.1 

Read first time 02/16/11.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to mandating certain long-term care facilities to report incidents of death caused by health case-associated infections; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.51 RCW; and adding a new section to chapter 70.128 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 18.20 RCW to read as follows:
     (1)(a) Within fifteen days of a certificate of death being filed under RCW 70.58.160, a boarding home must file a notification with the department when that death is partially or fully caused by a health care-associated infection acquired by the resident during his or her stay at the boarding home.
     (b) For the purposes of this subsection, "health care-associated infection" means a localized or systemic condition that results from adverse reaction to the presence of an infectious agent or its toxins and that was not present or incubating at the time of admission to the boarding home.
     (2) If the certificate of death notes the presence of methicillin-resistant staphylococcus aureus, as provided in RCW 70.58.400, the criteria of subsection (1) of this section is presumed met and the notification must be filed.
     (3) All notifications filed with the department must be in a format defined by the department, readily available to the public for inspection, and posted to a public web site maintained by the department with patient identifiable information redacted.
     (4) The protections of RCW 74.34.180 apply to notifications and reports under this section that are submitted in good faith by employees or residents of a boarding home.
     (5) The department may adopt rules necessary to implement this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.51 RCW to read as follows:
     (1)(a) Within fifteen days of a certificate of death being filed under RCW 70.58.160, a nursing home must file a notification with the department when that death is partially or fully caused by a health care-associated infection acquired by the resident during his or her stay at the nursing home.
     (b) For the purposes of this subsection, "health care-associated infection" means a localized or systemic condition that results from adverse reaction to the presence of an infectious agent or its toxins and that was not present or incubating at the time of admission to the nursing home.
     (2) If the certificate of death notes the presence of methicillin-resistant staphylococcus aureus, as provided in RCW 70.58.400, the criteria of subsection (1) of this section is presumed met and the notification must be filed.
     (3) All notifications filed with the department must be in a format defined by the department, readily available to the public for inspection, and posted to a public web site maintained by the department with patient identifiable information redacted.
     (4) The protections of RCW 74.34.180 apply to notifications and reports under this section that are submitted in good faith by employees or residents of a nursing home.
     (5) The department may adopt rules necessary to implement this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.128 RCW to read as follows:
     (1)(a) Within fifteen days of a certificate of death being filed under RCW 70.58.160, an adult family home must file a notification with the department when that death is partially or fully caused by a health care-associated infection acquired by the resident during his or her stay at the adult family home.
     (b) For the purposes of this subsection, "health care-associated infection" means a localized or systemic condition that results from adverse reaction to the presence of an infectious agent or its toxins and that was not present or incubating at the time of admission to the adult family home.
     (2) If the certificate of death notes the presence of methicillin-resistant staphylococcus aureus, as provided in RCW 70.58.400, the criteria of subsection (1) of this section is presumed met and the notification must be filed.
     (3) All notifications filed with the department must be in a format defined by the department, readily available to the public for inspection, and posted to a public web site maintained by the department with patient identifiable information redacted.
     (4) The protections of RCW 74.34.180 apply to notifications and reports under this section that are submitted in good faith by employees or residents of an adult family home.
     (5) The department may adopt rules necessary to implement this section.