BILL REQ. #:  Z-0617.2 

Read first time 01/23/14.   Referred to Committee on Early Learning & Human Services.

     AN ACT Relating to enforcement standards for residential services and support providers; amending RCW 71A.12.270; adding a new section to chapter 71A.12 RCW; creating a new section; and recodifying RCW 71A.12.270.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature for enforcement standards to apply to all residential services and support providers.

Sec. 2   RCW 71A.12.270 and 2006 c 303 s 8 are each amended to read as follows:
     (1) The enforcement standards in this section apply to all residential services and support providers.
     (2) The department is authorized to take one or more of the enforcement actions listed in subsection (((2))) (3) of this section when the department finds that a provider of residential services and support with whom the department entered into an agreement under this chapter has:
     (a) Failed or refused to comply with the requirements of this chapter or the rules adopted under it;
     (b) Failed or refused to cooperate with the certification process;
     (c) Prevented or interfered with a certification, inspection, or investigation by the department;
     (d) Failed to comply with any applicable requirements regarding vulnerable adults under chapter 74.34 RCW; or
     (e) Knowingly, or with reason to know, made a false statement of material fact related to certification or contracting with the department, or in any matter under investigation by the department.
     (((2))) (3) The department may:
     (a) Refuse to certify the provider;
     (b) Decertify or refuse to renew the certification of a provider;
     (((b))) (c) Impose conditions on a provider's certification status such as correction within a specified time, training, and limits on the type of client the provider may serve;
     (((c))) (d) Suspend department referrals to the provider; or
     (((d) Require a provider to implement a plan of correction developed by the department and to cooperate with subsequent monitoring of the provider's progress. In the event a provider fails to implement the plan of correction or fails to cooperate with subsequent monitoring, the department may)) (e) Impose civil penalties of ((not more than)) up to one hundred ((fifty)) dollars per day per violation((. Each day during which the same or similar action or inaction occurs constitutes a separate violation)) and up to a maximum of three thousand dollars per violation.
     (((3))) (4) When determining the appropriate enforcement action or actions under subsection (((2))) (3) of this section, the department must select actions commensurate with the seriousness of the harm or threat of harm to the persons being served by the provider. Further, the department may take enforcement actions that are more severe for violations that are uncorrected, repeated, pervasive, or which present a serious threat of harm to the health, safety, or welfare of persons served by the provider. The department shall by rule develop criteria for the selection and implementation of enforcement actions authorized in subsection (((2))) (3) of this section. Rules adopted under this section shall include a process for an informal review upon request by a provider.
     (((4))) (5) The provisions of chapter 34.05 RCW apply to enforcement actions under this section. Except for the imposition of civil penalties, the effective date of enforcement actions shall not be delayed or suspended pending any hearing or informal review.
     (((5))) (6) The enforcement actions and penalties authorized in this section are not exclusive or exhaustive and nothing in this section prohibits the department from taking any other action authorized in statute or rule or under the terms of a contract with the provider.
     (7) A separate residential services and support account is created in the custody of the state treasurer. All receipts from civil penalties imposed under this section must be deposited into the account. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. The department shall use the special account only for promoting the quality of life and care of clients receiving care and services from the certified providers.

NEW SECTION.  Sec. 3   RCW 71A.12.270 is recodified as a section in chapter 71A.12 RCW, to be codified after RCW 71A.12.290.