HOUSE BILL REPORT

HB 697

BYRepresentatives Cantwell, Brooks, Braddock, Sprenkle, Lux, P. King and Doty; by request of Department of Social and Health Services

Revising provisions on long-term care ombudsmen.

House Committe on Health Care

Majority Report:     The substitute bill be substituted therefor and the substituted bill do pass.  (9)

     Signed by Representatives Braddock, Chair; Day, Vice Chair; Bristow, Brooks, Bumgarner, Cantwell, Lewis, D. Sommers and Sprenkle.

House Staff:John Welsh (786-7133)

AS REPORTED BY COMMITTEE ON HEALTH CARE FEBRUARY 27, 1987

BACKGROUND:

In 1983 the legislature established a long-term care ombudsman program, located within the Department of Social and Health Services to effectively assist residents of long-term care facilities in the assertion of their rights and investigate and resolve complaints.  In 1986, the department appointed a task force to study and make recommendations on the ombudsman program.

One of those recommendations is for the Legislative Budget Committee to conduct a study on the appropriateness of the placement of the ombudsman's office within the department.  Other recommendations include making the ombudsman an exempt position under the State Civil Service Law, and authorizing citizen volunteers to engage in fact-finding activities.  Currently, volunteers cannot be used for complaint investigation or problem resolution activities.  The position of the ombudsman is classified under the State Civil Service Law.

SUMMARY:

SUBSTITUTE BILL:  The Legislative Budget Committee is to conduct a study to determine the effectiveness of the long-term care ombudsman program, and include an analysis of the appropriateness of the placement of the office, either within the Department of Social and Health Services or in association with other state agencies or as an independent agency.  The study is to also address the appropriateness of the exempt status from the civil service law for the ombudsman position.  The report is due by December 1, 1987.

The role of the volunteer ombudsman is clarified to identify and resolve problems in long-term care facilities and engage in fact-finding activities to determine if formal complaints should be made.  But volunteers cannot be used for actual complaint investigations.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Only the sections dealing with the Legislative Budget Committee study and role of the volunteers are included in the substituted bill.  Other sections dealing with the establishment of an advisory committee, clarification of confidentiality of records, the exempt status of the position, powers and duties, qualifications, etc., were stricken.

Fiscal Note:    Requested February 6, 1987.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:     Donald Lachman, Long-term Care Ombudsman Task Force; Jackie Coombs, Washington State Nursing Home Resident Councils; Ellen Ziontz, Assistant Ombudsman, Seattle-King County and Julie Daniel, Office of the Attorney General.

House Committee - Testified Against: Kathy Kuehn, Volunteer Ombudsman.

House Committee - Testimony For:     The office should be made more effective than now with only minimum staff and funding.  The role of the ombudsman should be elevated to exempt status, the role of volunteers clarified as well as the extent of confidentiality of records.  Currently there is no accountability for actions of the ombudsman.

House Committee - Testimony Against: The ombudsman's office should be made independent of the Department of Social and Health Services and the ombudsman should be protected by civil service and not subject to arbitrary actions by the department.