| Passed by the House April 13, 2011 Yeas 96 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 7, 2011 Yeas 49 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1315 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved May 3, 2011, 2:21 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 4, 2011 Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/16/11.
AN ACT Relating to employment of physicians by nursing homes; reenacting and amending RCW 74.42.010; adding a new section to chapter 18.51 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 18.51 RCW
to read as follows:
(1) A nursing home licensed under this chapter may employ
physicians for the provision of professional services to its residents
under the following conditions:
(a) The nursing home may not in any manner, directly or indirectly,
supplant, diminish, or regulate any employed physician's judgment
concerning the practice of medicine or the diagnosis and treatment of
any patient; and
(b) The employed physicians may provide professional services only
to residents of the nursing home or a related living facility.
(2) The employment of physicians as authorized by this section may
be through the following entities:
(a) The entity licensed to operate the nursing home; or
(b) A separate entity authorized to conduct business in the state
of Washington that has common or overlapping ownership as an affiliate
or subsidiary of the licensee, as long as the licensee complies with
subsection (3) of this section.
(3) Nothing in this section relieves the licensee of its ultimate
responsibility for the daily operations of the nursing home.
(4) Nothing in this section may be construed to interfere with the
federal resident rights requirements found in 42 C.F.R. 483.10, or
successor rules, or found in this chapter, chapter 74.42 RCW, or the
rules adopted by the department addressing resident's rights under this
chapter or chapter 74.42 RCW.
(5) As used in this section, "related living facility" means (a) a
separate nursing home that is owned, controlled, or managed by the same
or an affiliated or subsidiary entity; or (b) a facility that (i)
provides independent living services or boarding home services under
chapter 18.20 RCW, in a single contiguous campus as the nursing home,
and (ii) is owned, controlled, or managed by the same or related entity
as the nursing home. For purposes of this subsection "contiguous"
means land adjoining or touching property on which the nursing home is
located, including land divided by a public road.
Sec. 2 RCW 74.42.010 and 2010 c 94 s 27 are each reenacted and
amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Department" means the department of social and health services
and the department's employees.
(2) "Facility" refers to a nursing home as defined in RCW
18.51.010.
(3) "Licensed practical nurse" means a person licensed to practice
practical nursing under chapter 18.79 RCW.
(4) "Medicaid" means Title XIX of the Social Security Act enacted
by the social security amendments of 1965 (42 U.S.C. Sec. 1396; 79
Stat. 343), as amended.
(5) "Nurse practitioner" means a person licensed to practice
advanced registered nursing under chapter 18.79 RCW.
(6) "Nursing care" means that care provided by a registered nurse,
an advanced registered nurse practitioner, a licensed practical nurse,
or a nursing assistant in the regular performance of their duties.
(7) "Physician" means a person practicing pursuant to chapter 18.57
or 18.71 RCW, including, but not limited to, a physician employed by
the facility as provided in chapter 18.51 RCW.
(8) "Physician assistant" means a person practicing pursuant to
chapter((s)) 18.57A ((and)) or 18.71A RCW.
(((8))) (9) "Qualified therapist" means:
(a) An activities specialist who has specialized education,
training, or experience specified by the department.
(b) An audiologist who is eligible for a certificate of clinical
competence in audiology or who has the equivalent education and
clinical experience.
(c) A mental health professional as defined in chapter 71.05 RCW.
(d) An intellectual disabilities professional who is a qualified
therapist or a therapist approved by the department and has specialized
training or one year experience in treating or working with persons
with intellectual or developmental disabilities.
(e) An occupational therapist who is a graduate of a program in
occupational therapy or who has equivalent education or training.
(f) A physical therapist as defined in chapter 18.74 RCW.
(g) A social worker who is a graduate of a school of social work.
(h) A speech pathologist who is eligible for a certificate of
clinical competence in speech pathology or who has equivalent education
and clinical experience.
(((9))) (10) "Registered nurse" means a person licensed to practice
registered nursing under chapter 18.79 RCW.
(((10))) (11) "Resident" means an individual residing in a nursing
home, as defined in RCW 18.51.010.
NEW SECTION. Sec. 3 The department of social and health services
shall monitor nursing homes who hire physicians on staff and report to
the legislature by January 1, 2013. The report shall include
information on consumer satisfaction and medical cost implications of
including physicians on staff in nursing facilities.