Washington 2021-2022 Regular Session Status: Enacted 19 D cosponsors

HB 1218 — Improving health, safety, and quality of life for residents in long-term care facilities.

Last action — Effective date 7/25/2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 15, 2021. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 23 sponsors

    1 primary, 22 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (19 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1350 added · 1053 removed

Plain-language change summary

In the updated version of House Bill 1218, a few lines were added to emphasize the effects of social isolation on residents of long-term care facilities during the COVID-19 pandemic. The changes highlight that this isolation not only impacts mental health but also exacerbates existing health challenges such as dementia and chronic conditions. This matters because it stresses the need for improved support and care for vulnerable residents, reflecting a broader understanding of the complex issues they face in long-term care settings.

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H-0829.1 SUBSTITUTE HOUSE BILL 1218 State of Washington 67th Legislature 2021 Regular Session By House Health Care & Wellness (originally sponsored by Representatives Bateman, Simmons, Sells, Lekanoff, Peterson, Stonier, Davis, Taylor, Dolan, Orwall, Cody, Santos, Ortiz-Self, Fitzgibbon, Slatter, Bronoske, Callan, Valdez, Ramel, Riccelli, Macri, Goodman, and Harris-Talley) READ FIRST TIME 02/12/21.
H-0328.1 HOUSE BILL 1218 State of Washington 67th Legislature 2021 Regular Session By Representatives Bateman, Simmons, Sells, Lekanoff, Peterson, Stonier, Davis, Taylor, Dolan, Orwall, Cody, Santos, Ortiz-Self, Fitzgibbon, Slatter, Bronoske, Callan, Valdez, Ramel, Riccelli, Macri, Goodman, and Harris-Talley Read first time 01/15/21.
Referred to Committee on Health Care & Wellness.
amending RCW 18.51.009, 18.51.260, 74.42.420, 74.42.460, 70.129.020, 70.129.030, 70.129.040, 70.129.080, 70.129.090, 70.129.110, 70.129.150, and 70.129.180;
amending RCW 18.20.110, 18.51.009, 18.51.091, 18.51.260, 74.42.420, 74.42.460, 70.97.160, 70.128.090, 70.128.130, 70.129.020, 70.129.030, 70.129.040, 70.129.080, 70.129.090, 70.129.110, 70.129.150, and 70.129.180;
(2) According to a University of Washington report, social isolation creates a "double pandemic" that disrupts care and exacerbates the difficulties of dementia, depression, suicide risk, chronic health conditions, and other challenges faced by long-term care residents and providers;
(2) According to a University of Washington report, social isolation creates a "double pandemic" that disrupts care and exacerbates the difficulties of dementia, depression, suicide risk, p.
p.
1 HB 1218 chronic health conditions, and other challenges faced by long-term care residents and providers;
1 SHB 1218 (3) A "digital divide" exists in many parts of Washington, particularly for older adults of color with low incomes and those in rural communities;
(3) A "digital divide" exists in many parts of Washington, particularly for older adults of color with low incomes and those in rural communities;
NEW SECTION.
RCW 18.20.110 and 2012 c 10 s 6 are each amended to read as follows:
(1) The department shall make or cause to be made, at least every eighteen months with an annual average of fifteen months, an inspection and investigation of all assisted living facilities.
However, the department may delay an inspection to twenty-four months if the assisted living facility has had three consecutive inspections with no written notice of violations and has received no written notice of violations resulting from complaint investigation during that same time period.
(2) The department may at any time make an unannounced inspection of a licensed facility to assure that the licensee is in compliance with this chapter and the rules adopted under this chapter.
Every inspection shall focus primarily on actual or potential resident outcomes, and may include an inspection of every part of the premises and an examination of all records, methods of administration, the general and special dietary, and the stores and methods of supply;
however, the department shall not have access to financial records or to other records or reports described in RCW 18.20.390.
Financial records of the assisted living facility may be examined when the p.
2 HB 1218 department has reasonable cause to believe that a financial obligation related to resident care or services will not be met, such as a complaint that staff wages or utility costs have not been paid, or when necessary for the department to investigate alleged financial exploitation of a resident.
The inspection must include an evaluation of the adequacy of the facility's comprehensive disaster preparedness plan required under section 6 of this act, an evaluation of the facility's personal protective equipment supply, and an assessment of the facility's ventilation system and infection control capabilities.
(3) Following such an inspection or inspections, written notice of any violation of this law or the rules adopted hereunder shall be given to the applicant or licensee and the department.
The department may prescribe by rule that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition, or new construction, submit plans and specifications therefor to the agencies responsible for plan reviews for preliminary inspection and approval or recommendations with respect to compliance with the rules and standards herein authorized.
NEW SECTION.
Sec.
3.
The department must require an assisted living facility that is subject to a stop placement order or limited stop placement order under RCW 18.20.190 to publicly post in a conspicuous place at the facility a standardized notice that the department has issued a stop placement order or limited stop placement order for the facility.
The department must require an assisted living facility that is subject to a stop placement order or limited stop placement order under RCW 18.20.190 to publicly post in a conspicuous place at the facility a notice that the department has issued a stop placement order or limited stop placement order for the facility, including the date of the stop placement order or limited stop placement order, the conditions placed upon the facility's license, and the phone number to contact the department for further information.
The standardized notice shall be developed by the department to include the date of the stop placement order or limited stop placement order, any conditions placed upon the facility's license, contact information for the department, contact information for the administrator or provider of the assisted living facility, and a statement that anyone may contact the department or the administrator or provider for further information.
3.
4.
p.
(a) Create and regularly maintain a current resident roster containing the name and room number of each resident and provide a p.
2 SHB 1218 (a) Create and regularly maintain a current resident roster containing the name and room number of each resident and provide a written copy immediately upon an in-person request from any long-term care ombuds;
3 HB 1218 written copy immediately upon an in-person request from any long-term care ombuds;
(b) Create and regularly maintain current, accurate, and aggregated contact information for all residents, including contact information for the resident representative, if any, of each resident.
(b) Create and regularly maintain a current, accurate, and aggregated list of contact information for each resident and the resident representative, if any, of each resident.
(c) Record and update the aggregated contact information required by this section, upon receipt of new or updated contact information from the resident or resident representative;
(c) Record and update the aggregated list of contact information for each resident and the resident representative of each resident, if any, upon receipt of new or updated contact information from the resident or resident representative;
and (d) Upon the written request of any long-term care ombuds that includes reference to this section and the relevant legal functions and duties of long-term care ombuds, provide a copy of the aggregated contact information required by this section within 48 hours, or within a reasonable time if agreed to by the requesting long-term care ombuds by electronic copy to the secure email address or facsimile number provided in the written request.
and (d) Upon the oral or written request of any long-term care ombuds, provide a copy of the aggregated list of contact information for each resident and resident representative within 48 hours directly to the requesting long-term care ombuds, by electronic copy to the email address or facsimile number of the requesting long-term care ombuds.
(a) Any long-term care ombuds is authorized to request and obtain from assisted living facilities the information required by this section in order to perform the functions and duties of long-term care ombuds as set forth in federal and state laws;
(a) Any long-term care ombuds is authorized to request and obtain from assisted living facilities the information required by this section in order to perform the legal functions and duties of long- term car ombuds;
(b) The state long-term care ombuds program and all long-term care ombuds are considered a "health oversight agency," so that the federal health insurance portability and accountability act and chapter 70.02 RCW do not preclude assisted living facilities from providing the information required by this section when requested by any long-term care ombuds, and pursuant to these laws, the federal older Americans act, federal regulations, and state laws that govern the state long-term care ombuds program, facilities are not required to seek or obtain consent from residents or resident representatives p.
(b) The state long-term care ombuds program and all long-term care ombuds are considered a "health oversight agency," so that the federal health insurance portability and accountability act and chapter 70.02 RCW do not preclude assisted living facilities from providing the information required by this section when requested by any long-term care ombuds;
3 SHB 1218 prior to providing the information required by this section in accordance with the requirements of this section;
(c) The information required by this section, when provided by an assisted living facility to a requesting long-term care ombuds, becomes property of the state long-term care ombuds program and is subject to all state and federal laws governing the confidentiality and disclosure of the files, records, and information maintained by p.
(c) The information required by this section, when provided by an assisted living facility to a requesting long-term care ombuds, becomes property of the state long-term care ombuds program and is subject to all state and federal laws governing the confidentiality and disclosure of the files, records, and information maintained by the state long-term care ombuds program or any local long-term care ombuds entity;
4 HB 1218 the state long-term care ombuds program or any local long-term care ombuds entity;
and (d) The assisted living facility may not refuse to provide or unreasonably delay providing the resident roster, the contact information for a resident or resident representative, or the aggregated contact information required by this section on any basis, including on the basis that the facility must first seek or obtain consent from one or more of the residents or resident representatives.
and (d) The assisted living facility may not delay or refuse to provide the resident roster, the contact information for a resident or resident representative, or the aggregated list of contact information for each resident and the resident representative, if any, of each resident, on any basis, including on the basis that the facility must first obtain consent from one or more of the residents or resident representatives.
4.
5.
(1) Each assisted living facility shall be responsive to incoming communications and respond within a reasonable time to phone and electronic messages.
(1)(a) Each assisted living facility shall be responsive to incoming communications, including answering telephones from 8:00 a.m.
(2) Each assisted living facility must have a communication system, including a sufficient quantity of working telephones and other communication equipment, to ensure that residents have 24-hour access to communications with family, medical providers, and others, and also to allow for emergency contact to and from facility staff.
to 5:00 p.m., seven days per week, and responding promptly to phone and electronic messages.
The telephones and communication equipment must provide for auditory privacy, not be located in a staff office or station, be accessible and usable by persons with hearing loss and other disabilities, and not require payment for local calls.
(b) Each assisted living facility must have a communication system that allows for telephone contact after the hours identified in (a) of this subsection for:
(i) Family, medical providers, and others;
and (ii) Emergency contact to and from facility staff.
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(2) Each assisted living facility must maintain a sufficient quantity of telephones and other communication equipment to ensure that residents have 24-hour access to communications with family, medical providers, and others.
The telephones and communication equipment must provide for auditory privacy, not be located in a staff office or station, be accessible to a person with a disability, and not require payment for local calls.
5.
6.
p.
(1) Each assisted living facility shall develop and maintain a comprehensive disaster preparedness plan to be followed in the event p.
4 SHB 1218 (1) Each assisted living facility shall develop and maintain a comprehensive disaster preparedness plan to be followed in the event of a disaster or emergency, including fires, earthquakes, floods, infectious disease outbreaks, loss of power or water, and other events that may require sheltering in place, evacuations, or other emergency measures to protect the health and safety of residents.
5 HB 1218 of a disaster or emergency, including fires, earthquakes, floods, infectious disease outbreaks, loss of power or water, and other events that may require sheltering in place, evacuations, or other emergency measures to protect the health and safety of residents.
(2) The department shall adopt rules governing the comprehensive disaster preparedness plan.
(2) At a minimum, the comprehensive disaster preparedness plan must address the following items during any disaster or emergency:
At a minimum, the rules must address:
(a) A plan for timely communications with the residents' emergency contacts, as appropriate;
Timely communication with the residents' emergency contacts;
(b) A plan for timely communications with state agencies, local public health jurisdictions, first responders, long-term care ombuds, developmental disabilities ombuds, and the agency responsible for the protection and advocacy system for individuals with mental illness;
timely communication with state and local agencies, long-term care ombuds, and developmental disabilities ombuds;
(c) Descriptions of on-duty employees' responsibilities;
contacting and requesting emergency assistance;
(d) Provisions for contacting and requesting emergency assistance;
on-duty employees' responsibilities;
(e) Provisions for meeting residents' essential needs, including food, water, and medications;
meeting residents' essential needs;
and (f) Procedures to allow the assisted living facility to:
procedures to identify and locate residents;
(i) Identify each resident who is evacuated or transferred from the assisted living facility;
and procedures to provide emergency information to provide for the health and safety of residents.
(ii) Identify each resident's immediate location if no longer at the assisted living facility;
In addition, the rules shall establish standards for maintaining personal protective equipment and infection control capabilities, as well as department inspection procedures with respect to the plans.
and (iii) Provide aggregate emergency information to others as appropriate to provide for each resident's health or safety.
The aggregate information must include each resident's name, immediate location, and critical health care information, as well as contact information for each resident's emergency contact.
6.
7.
RCW 70.129.007, 70.129.105, ((and)) 70.129.150 through 70.129.170, and section 20 of this act apply to this chapter and persons regulated under this chapter.
RCW 70.129.007, 70.129.105, ((and)) 70.129.150 through 70.129.170, and section 25 of this act apply to this chapter and persons regulated under this chapter.
7.
8.
RCW 18.51.091 and 2020 c 263 s 1 are each amended to read as follows:
p.
6 HB 1218 The department shall inspect each nursing home periodically in accordance with federal standards under 42 C.F.R.
Part 488, Subpart E.
The inspection shall be made without providing advance notice of it.
Every inspection may include an inspection of every part of the premises and an examination of all records, methods of administration, the general and special dietary and the stores and methods of supply.
Those nursing homes that provide community-based care shall establish and maintain separate and distinct accounting and other essential records for the purpose of appropriately allocating costs of the providing of such care:
PROVIDED, That such costs shall not be considered allowable costs for reimbursement purposes under chapter 74.46 RCW.
The inspection must include an evaluation of the adequacy of the nursing home's comprehensive disaster preparedness plan required under section 13 of this act, an evaluation of the nursing home's personal protective equipment supply, and an assessment of the nursing home's ventilation system and infection control capabilities.
Following such inspection or inspections, written notice of any violation of this law or the rules and regulations promulgated hereunder, shall be given to the applicant or licensee and the department.
The notice shall describe the reasons for the facility's noncompliance.
The department may prescribe by regulations that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit its plans and specifications therefor to the department for preliminary inspection and approval or recommendations with respect to compliance with the regulations and standards herein authorized.
Sec.
9.
5 SHB 1218 (2) The department shall require a nursing home that is subject to a stop placement order or limited stop placement order under RCW 18.51.060 to publicly post in a conspicuous place at the nursing home a standardized notice that the department has issued a stop placement order or limited stop placement order for the nursing home.
7 HB 1218 (2) The department shall require a nursing home that is subject to a stop placement order or limited stop placement order under RCW 18.51.060 to publicly post in a conspicuous place at the nursing home a notice that the department has issued a stop placement order or limited stop placement order for the nursing home, including the date of the stop placement order or limited stop placement order, the conditions placed upon the nursing home's license, and the phone number to contact the department for further information.
The standardized notice shall be developed by the department to include the date of the stop placement order or limited stop placement order, any conditions placed upon the nursing home's license, contact information for the department, contact information for the administrator or provider of the nursing home, and a statement that anyone may contact the department or the administrator or provider for further information.
8.
10.
(b) Create and regularly maintain current, accurate, and aggregated contact information for all residents, including contact information for the resident representative, if any, of each resident.
(b) Create and regularly maintain a current, accurate, and aggregated list of contact information for each resident and the resident representative, if any, of each resident.
(c) Record and update the aggregated contact information required by this section, upon receipt of new or updated contact information from the resident or resident representative;
(c) Record and update the aggregated list of contact information for each resident and the resident representative of each resident, if any, upon receipt of new or updated contact information from the resident or resident representative;
and (d) Upon the written request of any long-term care ombuds that includes reference to this section and the relevant legal functions and duties of long-term care ombuds, provide a copy of the aggregated contact information required by this section within 48 hours, or within a reasonable time if agreed to by the requesting long-term p.
and (d) Upon the oral or written request of any long-term care ombuds, provide a copy of the aggregated list of contact information for each resident and resident representative within 48 hours directly to the requesting long-term care ombuds, by electronic copy to the email address or facsimile number of the requesting long-term care ombuds.
6 SHB 1218 care ombuds, by electronic copy to the secure email address or facsimile number provided in the written request.
(a) Any long-term care ombuds is authorized to request and obtain from nursing homes the information required by this section in order to perform the functions and duties of long-term care ombuds as set forth in federal and state laws;
p.
(b) The state long-term care ombuds program and all long-term care ombuds are considered a "health oversight agency," so that the federal health insurance portability and accountability act and chapter 70.02 RCW do not preclude nursing homes from providing the information required by this section when requested by any long-term care ombuds, and pursuant to these laws, the federal older Americans act, federal regulations, and state laws that govern the state long- term care ombuds program, nursing homes are not required to seek or obtain consent from residents or resident representatives prior to providing the information required by this section in accordance with the requirements of this section;
8 HB 1218 (a) Any long-term care ombuds is authorized to request and obtain from nursing homes the information required by this section in order to perform the legal functions and duties of long-term care ombuds;
(b) The state long-term care ombuds program and all long-term care ombuds are considered a "health oversight agency," so that the federal health insurance portability and accountability act and chapter 70.02 RCW do not preclude nursing homes from providing the information required by this section when requested by any long-term care ombuds;
and (d) The nursing home may not refuse to provide or unreasonably delay providing the resident roster, the contact information for a resident or resident representative, or the aggregated contact information required by this section, on any basis, including on the basis that the nursing home must first seek or obtain consent from one or more of the residents or resident representatives.
and (d) The nursing home may not delay or refuse to provide the resident roster, the contact information for a resident or resident representative, or the aggregated list of contact information for each resident and the resident representative, if any, of each resident, on any basis, including on the basis that the nursing home must first obtain consent from one or more of the residents or resident representatives.
p.
NEW SECTION.
7 SHB 1218 NEW SECTION.
9.
11.
(1) Each nursing home must be responsive to incoming communications and respond within a reasonable time to phone and electronic messages.
(1)(a) Each nursing home must be responsive to incoming communications, including answering telephones from 8:00 a.m.
(2) Each nursing home must have a communication system, including a sufficient quantity of working telephones and other communication equipment to ensure that residents have 24-hour access to communications with family, medical providers, and others, and also to allow for emergency contact to and from facility staff.
to 5:00 p.m., seven days per week, and responding promptly to phone and electronic messages.
The telephones and communication equipment must provide for auditory privacy, not be located in a staff office or station, be accessible and usable by persons with hearing loss and other disabilities, and not require payment for local calls.
(b) Each nursing home must have a communication system that allows for telephone contact after the hours identified in (a) of this subsection for:
(i) Family, medical providers, and others;
and (ii) Emergency contact to and from nursing home staff.
p.
9 HB 1218 (2) Each nursing home must maintain a sufficient quantity of telephones and other communication equipment to ensure that residents have 24-hour access to communications with family, medical providers, and others.
The telephones and communication equipment must provide for auditory privacy, not be located in a staff office or station, be accessible to a person with a disability, and not require payment for local calls.
10.
12.
(1) Identification information, including the information listed in section 8(1) of this act;
(1) Identification information, including the information listed in section 10(1) of this act;
p.
The facility shall coordinate the residents' records under this subsection with the resident tracking system required under section of 10(1) this act.
8 SHB 1218 NEW SECTION.
NEW SECTION.
11.
13.
(1) Each nursing home shall develop and maintain a comprehensive disaster preparedness plan to be followed in the event of a disaster or emergency, including fires, earthquakes, floods, infectious disease outbreaks, loss of power or water, and other events that may require sheltering in place, evacuations, or other emergency measures to protect the health and safety of residents.
(1) Each nursing home shall develop and maintain a comprehensive disaster preparedness plan to be followed in the event of a disaster p.
10 HB 1218 or emergency, including fires, earthquakes, floods, infectious disease outbreaks, loss of power or water, and other events that may require sheltering in place, evacuations, or other emergency measures to protect the health and safety of residents.
(2) The department shall adopt rules governing the comprehensive disaster preparedness plan.
(2) At a minimum, the comprehensive disaster preparedness plan must address the following items during any disaster or emergency:
At a minimum, the rules must address the following if not already adequately addressed by federal requirements for emergency planning:
(a) A plan for timely communications with the residents' emergency contacts, as appropriate;
Timely communication with the residents' emergency contacts;
(b) A plan for timely communications with state agencies, local public health jurisdictions, first responders, long-term care ombuds, developmental disabilities ombuds, and the agency responsible for the protection and advocacy system for individuals with mental illness;
timely communication with state and local agencies, long-term care ombuds, and developmental disabilities ombuds;
(c) Descriptions of on-duty employees' responsibilities;
contacting and requesting emergency assistance;
(d) Provisions for contacting and requesting emergency assistance;
on-duty employees' responsibilities;
(e) Provisions for meeting residents' essential needs, including food, water, and medications;
meeting residents' essential needs;
and (f) Procedures to allow the nursing home to:
procedures to identify and locate residents;
(i) Identify each resident who is evacuated or transferred from the nursing home;
and procedures to provide emergency information to provide for the health and safety of residents.
(ii) Identify each resident's immediate location if no longer at the nursing home;
In addition, the rules shall establish standards for maintaining personal protective equipment and infection control capabilities, as well as department inspection procedures with respect to the plans.
and (iii) Provide aggregate emergency information to others as appropriate to provide for each resident's health or safety.
The aggregate information must include each resident's name, immediate location, and critical health care information, as well as contact information for each resident's emergency contact.
12.
14.
The planning requirement of this section shall complement the comprehensive disaster preparedness planning requirement of section 11 of this act.
The planning requirement of this section shall complement p.
11 HB 1218 the comprehensive disaster preparedness planning requirement of section 13 of this act.
13.
15.
p.
The department shall require an enhanced services facility that is subject to a stop placement order or limited stop placement order under RCW 70.97.110 to publicly post in a conspicuous place at the facility a notice that the department has issued a stop placement order or limited stop placement order for the facility, including the date of the stop placement order or limited stop placement order, the conditions placed upon the facility's license, and the phone number to contact the department for further information.
9 SHB 1218 The department shall require an enhanced services facility that is subject to a stop placement order or limited stop placement order under RCW 70.97.110 to publicly post in a conspicuous place at the facility a standardized notice that the department has issued a stop placement order or limited stop placement order for the facility.
The standardized notice shall be developed by the department to include the date of the stop placement order or limited stop placement order, any conditions placed upon the facility's license, contact information for the department, contact information for the administrator or provider of the facility, and a statement that anyone may contact the department or the administrator or provider for further information.
Sec.
16.
RCW 70.97.160 and 2020 c 278 s 9 are each amended to read as follows:
(1) The department shall make or cause to be made at least one inspection of each facility prior to licensure and an unannounced full inspection of facilities at least once every eighteen months.
The statewide average interval between full facility inspections must be fifteen months.
(2) Any duly authorized officer, employee, or agent of the department may enter and inspect any facility at any time to determine that the facility is in compliance with this chapter and applicable rules, and to enforce any provision of this chapter.
Complaint inspections shall be unannounced and conducted in such a manner as to ensure maximum effectiveness.
No advance notice shall be given of any inspection unless authorized or required by federal law.
(3) During inspections, the facility must give the department access to areas, materials, and equipment used to provide care or support to residents, including resident and staff records, accounts, and the physical premises, including the buildings, grounds, and equipment.
The department has the authority to privately interview the provider, staff, residents, and other individuals familiar with resident care and service plans.
(4) The inspection must include an evaluation of the adequacy of the facility's comprehensive disaster preparedness plan required under section 19 of this act, an evaluation of the facility's p.
12 HB 1218 personal protective equipment supply, and an assessment of the facility's ventilation system and infection control capabilities.
(5) Any public employee giving advance notice of an inspection in violation of this section shall be suspended from all duties without pay for a period of not less than five nor more than fifteen days.
(((5))) (6) The department shall prepare a written report describing the violations found during an inspection, and shall provide a copy of the inspection report to the facility.
(((6))) (7) The facility shall develop a written plan of correction for any violations identified by the department and provide a plan of correction to the department within ten working days from the receipt of the inspection report.
14.
17.
(b) Create and regularly maintain current, accurate, and aggregated contact information for all residents, including contact information for the resident representative, if any, of each resident.
(b) Create and regularly maintain a current, accurate, and aggregated list of contact information for each resident and the resident representative, if any, of each resident.
(c) Record and update the aggregated contact information required by this section, upon receipt of new or updated contact information from the resident or resident representative;
(c) Record and update the aggregated list of contact information for each resident and the resident representative of each resident, if any, upon receipt of new or updated contact information from the resident or resident representative;
and (d) Upon the written request of any long-term care ombuds that includes reference to this section and the relevant legal functions and duties of long-term care ombuds, provide a copy of the aggregated contact information required by this section within 48 hours, or within a reasonable time if agreed to by the requesting long-term p.
and (d) Upon the oral or written request of any long-term care ombuds, provide a copy of the aggregated list of contact information for each resident and resident representative within 48 hours directly to the requesting long-term care ombuds, by electronic copy to the email address or facsimile number of the requesting long-term care ombuds.
10 SHB 1218 care ombuds, by electronic copy to the secure email address or facsimile number provided in the written request.
p.
(2) In accordance with the federal older Americans act, federal regulations, and state laws that govern the state long-term care ombuds program, the department shall inform enhanced services facilities that:
13 HB 1218 (2) In accordance with the federal older Americans act, federal regulations, and state laws that govern the state long-term care ombuds program, the department shall inform enhanced services facilities that:
(a) Any long-term care ombuds is authorized to request and obtain from enhanced services facilities the information required by this section in order to perform the functions and duties of long-term care ombuds as set forth in federal and state laws;
(a) Any long-term care ombuds is authorized to request and obtain from enhanced services facilities the information required by this section in order to perform the legal functions and duties of long- term care ombuds;
(b) The state long-term care ombuds program and all long-term care ombuds are considered a "health oversight agency," so that the federal health insurance portability and accountability act and chapter 70.02 RCW do not preclude enhanced services facilities from providing the information required by this section when requested by any long-term care ombuds, and pursuant to these laws, the federal older Americans act, federal regulations, and state laws that govern the state long-term care ombuds program, facilities are not required to seek or obtain consent from residents or resident representatives prior to providing the information required by this section in accordance with the requirements of this section;
(b) The state long-term care ombuds program and all long-term care ombuds are considered a "health oversight agency," so that the federal health insurance portability and accountability act and chapter 70.02 RCW do not preclude enhanced services facilities from providing the information required by this section when requested by any long-term care ombuds;
and (d) The enhanced services facility may not refuse to provide or unreasonably delay providing the resident roster, the contact information for a resident or resident representative, or the aggregated contact information required by this section, on any basis, including on the basis that the enhanced services facility must first seek or obtain consent from one or more of the residents or resident representatives.
and (d) The enhanced services facility may not delay or refuse to provide the resident roster, the contact information for a resident or resident representative, or the aggregated list of contact information for each resident and the resident representative, if any, of each resident, on any basis, including on the basis that the enhanced services facility must first obtain consent from one or more of the residents or resident representatives.
p.
NEW SECTION.
11 SHB 1218 NEW SECTION.
15.
18.
(1) Each enhanced services facility must be responsive to incoming communications and respond within a reasonable time to phone and electronic messages.
(1)(a) Each enhanced services facility must be responsive to incoming communications, including answering telephones from 8:00 a.m.
(2) Each enhanced services facility must have a communication system, including a sufficient quantity of working telephones and other communication equipment to assure that residents have 24-hour access to communications with family, medical providers, and others, and also to allow for emergency contact to and from facility staff.
to 5:00 p.m., seven days per week, and responding promptly to phone and electronic messages.
The telephones and communication equipment must provide for auditory privacy, not be located in a staff office or station, be accessible and usable by persons with hearing loss and other disabilities, and not require payment for local calls.
p.
14 HB 1218 (b) Each enhanced services facility must have a communication system that allows for telephone contact after the hours identified in (a) of this subsection for:
(i) Family, medical providers, and others;
and (ii) Emergency contact to and from facility staff.
(2) Each enhanced services facility must maintain a sufficient quantity of telephones and other communication equipment to assure that residents have 24-hour access to communications with family, medical providers, and others.
The telephones and communication equipment must provide for auditory privacy, not be located in a staff office or station, be accessible to a person with a disability, and not require payment for local calls.
16.
19.
(2) The department shall adopt rules governing the comprehensive disaster preparedness plan.
(2) At a minimum, the comprehensive disaster preparedness plan must address the following items during any disaster or emergency:
At a minimum, the rules must address:
(a) A plan for timely communications with the residents' emergency contacts, as appropriate;
Timely communication with the residents' emergency contacts;
(b) A plan for timely communications with state agencies, local public health jurisdictions, first responders, long-term care ombuds, developmental disabilities ombuds, and the agency responsible for the protection and advocacy system for individuals with mental illness;
timely communication with state and local agencies, long-term care ombuds, and developmental disabilities ombuds;
(c) Descriptions of on-duty employees' responsibilities;
contacting and requesting emergency assistance;
(d) Provisions for contacting and requesting emergency assistance;
on-duty employees' responsibilities;
p.
meeting residents' essential needs;
15 HB 1218 (e) Provisions for meeting residents' essential needs, including food, water, and medications;
procedures to identify and locate residents;
and (f) Procedures to allow the enhanced services facility to:
and procedures to provide emergency information to provide for the health and safety of residents.
(i) Identify each resident who is evacuated or transferred from the enhanced services facility;
In addition, the rules shall establish standards for maintaining personal protective equipment and p.
(ii) Identify each resident's immediate location if no longer at the enhanced services facility;
12 SHB 1218 infection control capabilities, as well as department inspection procedures with respect to the plans.
and (iii) Provide aggregate emergency information to others as appropriate to provide for each resident's health or safety.
The aggregate information must include each resident's name, immediate location, and critical health care information, as well as contact information for each resident's emergency contact.
Sec.
20.
RCW 70.128.090 and 2001 c 319 s 7 are each amended to read as follows:
(1) During inspections of an adult family home, the department shall have access and authority to examine areas and articles in the home used to provide care or support to residents, including residents' records, accounts, and the physical premises, including the buildings, grounds, and equipment.
The personal records of the provider are not subject to department inspection nor is the separate bedroom of the provider, not used in direct care of a client, subject to review.
The department may inspect all rooms during the initial licensing of the home.
However, during a complaint investigation, the department shall have access to the entire premises and all pertinent records when necessary to conduct official business.
The department also shall have the authority to interview the provider and residents of an adult family home.
(2) The inspection must include an evaluation of the adequacy of the adult family home's comprehensive disaster preparedness plan required under RCW 70.128.130, an evaluation of the adult family home's personal protective equipment supply, and an assessment of the adult family home's ventilation system and infection control capabilities.
(3) Whenever an inspection is conducted, the department shall prepare a written report that summarizes all information obtained during the inspection, and if the home is in violation of this chapter, serve a copy of the inspection report upon the provider at the same time as a notice of violation.
This notice shall be mailed to the provider within ten working days of the completion of the p.
16 HB 1218 inspection process.
If the home is not in violation of this chapter, a copy of the inspection report shall be mailed to the provider within ten calendar days of the inspection of the home.
All inspection reports shall be made available to the public at the department during business hours.
(((3))) (4) The provider shall develop corrective measures for any violations found by the department's inspection.
The department shall upon request provide consultation and technical assistance to assist the provider in developing effective corrective measures.
The department shall include a statement of the provider's corrective measures in the department's inspection report.
17.
21.
(b) Create and regularly maintain current, accurate, and aggregated contact information for all residents, including contact information for the resident representative, if any, of each resident.
(b) Create and regularly maintain a current, accurate, and aggregated list of contact information for each resident and the resident representative, if any, of each resident.
(c) Record and update the aggregated contact information required by this section, upon receipt of new or updated contact information from the resident or resident representative;
(c) Record and update the aggregated list of contact information for each resident and the resident representative of each resident, if any, upon receipt of new or updated contact information from the resident or resident representative;
and (d) Upon the written request of any long-term care ombuds that includes reference to this section and the relevant legal functions and duties of long-term care ombuds, provide a copy of the aggregated contact information required by this section within 48 hours, or within a reasonable time if agreed to by the requesting long-term care ombuds, by electronic copy to the secure email address or facsimile number provided in the written request.
and (d) Upon the oral or written request of any long-term care ombuds, provide a copy of the aggregated list of contact information for each resident and resident representative within 48 hours directly to the requesting long-term care ombuds, by electronic copy to the email address or facsimile number of the requesting long-term care ombuds.
(a) Any long-term care ombuds is authorized to request and obtain from adult family homes the information required by this section in order to perform the functions and duties of long-term care ombuds as set forth in federal and state laws;
p.
(b) The state long-term care ombuds program and all long-term care ombuds are considered a "health oversight agency," so that the federal health insurance portability and accountability act and chapter 70.02 RCW do not preclude adult family homes from providing p.
17 HB 1218 (a) Any long-term care ombuds is authorized to request and obtain from adult family homes the information required by this section in order to perform the legal functions and duties of long-term care ombuds;
13 SHB 1218 the information required by this section when requested by any long- term care ombuds, and pursuant to these laws, the federal older Americans act, federal regulations, and state laws that govern the state long-term care ombuds program, adult family homes are not required to seek or obtain consent from residents or resident representatives prior to providing the information required by this section in accordance with the requirements of this section;
(b) The state long-term care ombuds program and all long-term care ombuds are considered a "health oversight agency," so that the federal health insurance portability and accountability act and chapter 70.02 RCW do not preclude adult family homes from providing the information required by this section when requested by any long- term care ombuds;
and (d) The adult family home may not refuse to provide or unreasonably delay providing the resident roster, the contact information for a resident or resident representative, or the aggregated contact information required by this section, on any basis, including on the basis that the adult family home must first seek or obtain consent from one or more of the residents or resident representatives.
and (d) The adult family home may not delay or refuse to provide the resident roster, the contact information for a resident or resident representative, or the aggregated list of contact information for each resident and the resident representative, if any, of each resident, on any basis, including on the basis that the adult family home must first obtain consent from one or more of the residents or resident representatives.
Sec.
22.
RCW 70.128.130 and 2019 c 80 s 1 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 shall promote 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, p.
18 HB 1218 artificial and natural light, ventilation, and any other feature of the home.
(4) In order to preserve and promote the residential home-like nature of adult family homes, adult family homes licensed after August 24, 2011, shall:
(a) Have sufficient space to accommodate all residents at one time in the dining and living room areas;
(b) Have hallways and doorways wide enough to accommodate residents who use mobility aids such as wheelchairs and walkers;
and (c) Have outdoor areas that are safe and accessible for residents to use.
(5) The adult family home must provide all residents access to resident common areas throughout the adult family home including, but not limited to, kitchens, dining and living areas, and bathrooms, to the extent that they are safe under the resident's care plan.
(6) Adult family homes shall be maintained in a clean and sanitary manner, including proper sewage disposal, food handling, and hygiene practices.
(7)(a) Each adult family home must be responsive to incoming communications, including answering telephones from 8:00 a.m.
to 5:00 p.m., seven days per week, and responding promptly to phone and electronic messages.
(b) Each adult family home must have a communication system that allows for telephone contact after the hours identified in (a) of this subsection for:
(i) Family, medical providers, and others;
and (ii) Emergency contact to and from adult family home staff.
(8) Each adult family home must maintain a sufficient quantity of telephones and other communication equipment to assure that residents have 24-hour access to communications with family, medical providers, and others.
The telephones and communication equipment must provide for auditory privacy, not be located in a staff office or station, be accessible to a person with a disability, and not require payment for local calls.
An adult family home is not required to provide telephones at no cost in each resident room.
(9) 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 house nonambulatory residents on a level with safe egress to a public p.
19 HB 1218 right-of-way.
Nonambulatory residents must have a bedroom on the floor of the home from which the resident can be evacuated to a designated safe location outside the home without the use of stairs, elevators, chair lifts, platform lifts, or other devices as determined by the department in rule.
(((8))) (10) The adult family home shall ensure that all residents can be safely evacuated from the home in an emergency as established by the department in rule.
The rules established by the department must be developed in consultation with the largest organization representing fire chiefs in the state of Washington.
(((9))) (11)(a) Each adult family home shall develop and maintain a comprehensive disaster preparedness plan to be followed in the event of a disaster or emergency, including fires, earthquakes, floods, infectious disease outbreaks, loss of power or water, and other events that may require sheltering in place, evacuations, or other emergency measures to protect the health and safety of residents.
The adult family home shall review the comprehensive disaster preparedness plan annually, update the plan as needed, and train all employees when they begin work in the adult family home on the comprehensive disaster preparedness plan and related staff procedures.
(b) At a minimum, the comprehensive disaster preparedness plan must address the following items during any disaster or emergency:
(i) A plan for timely communications with the residents' emergency contacts, as appropriate;
(ii) A plan for timely communications with state agencies, local public health jurisdictions, first responders, long-term care ombuds, developmental disabilities ombuds, and the agency responsible for the protection and advocacy system for individuals with mental illness;
(iii) Descriptions of on-duty employees' responsibilities;
(iv) Provisions for contacting and requesting emergency assistance;
(v) Provisions for meeting residents' essential needs, including food, water, and medications;
and (vi) Procedures to allow the adult family home to:
(A) Identify each resident who is evacuated or transferred from the adult family home;
(B) Identify each resident's immediate location if no longer at the adult family home;
and p.
20 HB 1218 (C) Provide aggregate emergency information to others as appropriate to provide for each resident's health or safety.
The aggregate information must include each resident's name, immediate location, and critical health care information, as well as contact information for each resident's emergency contact.
(12) Adult family homes shall have clean, functioning, and safe household items and furnishings.
(((10))) (13) Adult family homes shall provide a nutritious and balanced diet and shall recognize residents' needs for special diets.
(((11))) (14) 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.
(((12))) (15) 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.
(((13))) (16) 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, or been found to have abused, neglected, exploited, or abandoned a minor or vulnerable adult as specified in RCW 74.39A.056(2).
A provider may conditionally employ a person pending the completion of a criminal conviction background inquiry, but may not allow the person to have unsupervised access to any resident.
(((14))) (17) A provider shall offer activities to residents under care as defined by the department in rule.
(((15))) (18) An adult family home must be financially solvent, and upon request for good cause, shall provide the department with detailed information about the home's finances.
Financial records of the adult family home may be examined when the department has good cause to believe that a financial obligation related to resident care or services will not be met.
(((16))) (19) An adult family home provider must ensure that staff are competent and receive necessary training to perform p.
21 HB 1218 assigned tasks.
Staff must satisfactorily complete department- approved staff orientation, basic training, and continuing education as specified by the department by rule.
The provider shall ensure that a qualified caregiver is on-site whenever a resident is at the adult family home;
any exceptions will be specified by the department in rule.
Notwithstanding RCW 70.128.230, until orientation and basic training are successfully completed, a caregiver may not provide hands-on personal care to a resident without on-site supervision by a person who has successfully completed basic training or been exempted from the training pursuant to statute.
(((17))) (20) The provider and resident manager must assure that there is:
(a) A mechanism to communicate with the resident in his or her primary language either through a qualified person on-site or readily available at all times, or other reasonable accommodations, such as language lines;
and (b) Staff on-site at all times 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.
18.
23.
The department must require an adult family home that is subject to a stop placement order or limited stop placement order under RCW 70.128.160 to publicly post in a conspicuous place at the adult family home a standardized notice that the department has issued a stop placement order or limited stop placement order for the adult family home.
The department must require an adult family home that is subject to a stop placement order or limited stop placement order under RCW 70.128.160 to publicly post in a conspicuous place at the adult family home a notice that the department has issued a stop placement order or limited stop placement order for the adult family home, including the date of the stop placement order or limited stop placement order, the conditions placed upon the adult family home's license, and the phone number to contact the department for further information.
The standardized notice shall be developed by the department to include the date of the stop placement order or limited stop placement order, any conditions placed upon the adult family home's license, contact information for the department, contact information for the administrator or provider of the adult family home, and a statement that anyone may contact the department or the p.
14 SHB 1218 administrator or provider for further information.
19.
24.
The department of social and health services and the department of health, in collaboration with the state office of the long-term care ombuds and representatives of long-term care facilities, shall develop training materials to educate the leadership and staff of local health jurisdictions on the state's long-term care system.
The department of social and health services and the department of health, in collaboration with the state office of the long-term care ombuds, shall develop training materials to educate the leadership and staff of local health jurisdictions on the state's p.
22 HB 1218 long-term care system.
20.
25.
(3) The facility or nursing home shall develop and implement reasonable conditions on access by an essential support person tailored to protecting the health and safety of the essential support p.
(3) The facility or nursing home shall develop and implement reasonable conditions on access by an essential support person tailored to protecting the health and safety of the essential support person, residents, and staff, based upon the particular public health emergency or other health or safety threat.
15 SHB 1218 person, residents, and staff, based upon the particular public health emergency or other health or safety threat.
Unless immediate action is necessary to prevent an imminent and serious threat to the health or safety of residents or staff, the facility or nursing home shall attempt to resolve the concerns with the essential support person and the resident prior to temporarily suspending the individual's designation as an essential support person.
Prior to a temporary suspension, the facility or nursing home, the essential support p.
The suspension shall last no longer than 48 hours during which time the facility or nursing home must contact the department for guidance and must provide the essential support person:
23 HB 1218 person, and the resident should attempt to resolve the concerns.
(a) Information regarding the steps the essential support person must take to resume the visits, such as agreeing to comply with reasonable conditions tailored to protecting the health and safety of the essential support person, residents, and staff, based upon the particular public health emergency or other health or safety threat;
The suspension shall last no longer than 48 hours during which time the facility or nursing home must contact the department for guidance and must provide the essential support person the contact information for the long-term care ombuds program, and, as appropriate, the contact information for the developmental disabilities ombuds, the agency responsible for the protection and advocacy system for individuals with developmental disabilities, and the agency responsible for the protection and advocacy system for individuals with mental illness.
(b) The contact information for the long-term care ombuds program;
and (c) As appropriate, the contact information for the developmental disabilities ombuds, the agency responsible for the protection and advocacy system for individuals with developmental disabilities, and the agency responsible for the protection and advocacy system for individuals with mental illness.
and (c) Necessary for the resident's emotional, mental, or physical well-being during situations that include, but are not limited to, circumstances involving compassionate care or end-of-life care, circumstances where visitation from a familiar person will assist with important continuity of care or the reduction of confusion and p.
and (c) Necessary for the resident's emotional, mental, or physical well-being during situations that include, but are not limited to, circumstances involving compassionate care or end-of-life care, circumstances where visitation from a familiar person will assist with important continuity of care or the reduction of confusion and anxiety for residents with cognitive impairments, or other circumstances where the presence of an essential support person will prevent or reduce significant emotional distress to the resident.
16 SHB 1218 anxiety for residents with cognitive impairments, or other circumstances where the presence of an essential support person will prevent or reduce significant emotional distress to the resident.
21.
26.
(5) "Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that restricts freedom of movement or access to his or her body, is used for discipline or convenience, and not required to treat the resident's medical symptoms.
(5) "Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that restricts freedom of movement or p.
24 HB 1218 access to his or her body, is used for discipline or convenience, and not required to treat the resident's medical symptoms.
access p.
access medical, social, or other personal information of the resident;
17 SHB 1218 medical, social, or other personal information of the resident;
22.
27.
A facility must protect and promote the rights of each resident and assist the resident which include:
A facility must protect and p.
25 HB 1218 promote the rights of each resident and assist the resident which include:
23.
28.
(1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and p.
(1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility.
18 SHB 1218 responsibilities during the stay in the facility.
Except in cases of genuine emergency, the facility shall not admit an individual before obtaining a thorough assessment of the resident's needs and preferences.
Except in cases of genuine emergency, the facility shall not admit an individual before obtaining a thorough assessment of the resident's needs and p.
26 HB 1218 preferences.
Each resident and ((his or her)) p.
Each resident and ((his or her)) resident representative must be informed in writing in advance of changes in the availability or the charges for services, items, or activities, or of changes in the facility's rules.
19 SHB 1218 resident representative must be informed in writing in advance of changes in the availability or the charges for services, items, or activities, or of changes in the facility's rules.
and (c) A statement that the resident may file a complaint with the appropriate state licensing agency concerning alleged resident abuse, neglect, and misappropriation of resident property in the facility.
and p.
27 HB 1218 (c) A statement that the resident may file a complaint with the appropriate state licensing agency concerning alleged resident abuse, neglect, and misappropriation of resident property in the facility.
(c) The facility must record and update the address ((and)), phone number, and any other contact information of the ((resident's)) p.
(c) The facility must record and update the address ((and)), phone number, and any other contact information of the ((resident's)) resident representative ((or interested family member)), upon receipt of notice from them.
20 SHB 1218 resident representative ((or interested family member)), upon receipt of notice from them.
24.
29.
(b) The facility must maintain a resident's personal funds that do not exceed one hundred dollars in a noninterest-bearing account, interest-bearing account, or petty cash fund.
p.
28 HB 1218 (b) The facility must maintain a resident's personal funds that do not exceed one hundred dollars in a noninterest-bearing account, interest-bearing account, or petty cash fund.
p.
(5) If any funds in excess of one hundred dollars are paid to an adult family home by the resident or ((a)) resident representative ((of the resident)), as a security deposit for performance of the resident's obligations, or as prepayment of charges beyond the first month's residency, the funds shall be deposited by the adult family home in an interest-bearing account that is separate from any of the home's operating accounts, and that credits all interest earned on the resident's funds to that account.
21 SHB 1218 (5) If any funds in excess of one hundred dollars are paid to an adult family home by the resident or ((a)) resident representative ((of the resident)), as a security deposit for performance of the resident's obligations, or as prepayment of charges beyond the first month's residency, the funds shall be deposited by the adult family home in an interest-bearing account that is separate from any of the home's operating accounts, and that credits all interest earned on the resident's funds to that account.
(6) The adult family home shall provide the resident or ((the resident's)) resident representative full disclosure in writing, prior to the receipt of any funds for a deposit, security, prepaid charges, or any other fees or charges, specifying what the funds are paid for and the basis for retaining any portion of the funds if the resident dies, is hospitalized, or is transferred or discharged from the adult family home.
p.
29 HB 1218 (6) The adult family home shall provide the resident or ((the resident's)) resident representative full disclosure in writing, prior to the receipt of any funds for a deposit, security, prepaid charges, or any other fees or charges, specifying what the funds are paid for and the basis for retaining any portion of the funds if the resident dies, is hospitalized, or is transferred or discharged from the adult family home.
If the resident then dies, is hospitalized, or is transferred or discharged from the adult family home, and is entitled to any refund of funds under this section or RCW 70.129.150, the adult family home shall refund the funds to the resident or ((the resident's)) resident representative to the extent provided by law, within thirty days of the resident p.
If the resident then dies, is hospitalized, or is transferred or discharged from the adult family home, and is entitled to any refund of funds under this section or RCW 70.129.150, the adult family home shall refund the funds to the resident or ((the resident's)) resident representative to the extent provided by law, within thirty days of the resident leaving the adult family home, and may not require the resident to obtain the refund from the placement agency or person.
22 SHB 1218 leaving the adult family home, and may not require the resident to obtain the refund from the placement agency or person.
The resident's claim to any funds paid under this section shall be prior to that of any creditor of the adult family home, its owner, or licensee, even if such funds are commingled.
The resident's claim to any funds paid under this section shall be prior p.
30 HB 1218 to that of any creditor of the adult family home, its owner, or licensee, even if such funds are commingled.
25.
30.
26.
31.
p.
(d) The agency responsible for the protection and advocacy system for individuals with developmental disabilities as established under part C of the developmental disabilities assistance and bill of rights act;
23 SHB 1218 (d) The agency responsible for the protection and advocacy system for individuals with developmental disabilities as established under part C of the developmental disabilities assistance and bill of rights act;
(2) The facility must provide reasonable access to a resident by ((his or her)) the resident representative or an entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time.
p.
31 HB 1218 (2) The facility must provide reasonable access to a resident by ((his or her)) the resident representative or an entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time.
27.
32.
p.
(2) All long-term care facilities shall fully disclose to potential residents or ((their legal)) resident representatives the service capabilities of the facility prior to admission to the facility.
24 SHB 1218 (2) All long-term care facilities shall fully disclose to potential residents or ((their legal)) resident representatives the service capabilities of the facility prior to admission to the facility.
and (d) Include in the notice the items described in subsection (5) of this section.
and p.
32 HB 1218 (d) Include in the notice the items described in subsection (5) of this section.
p.
(e) For residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of individuals with developmental disabilities established under part C of the developmental disabilities assistance and bill of rights act;
25 SHB 1218 (e) For residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of individuals with developmental disabilities established under part C of the developmental disabilities assistance and bill of rights act;
Sec.
p.
28.
33 HB 1218 Sec.
33.
If a resident dies or is hospitalized or is transferred to another facility for more appropriate care and does not return to the p.
If a resident dies or is hospitalized or is transferred to another facility for more appropriate care and does not return to the original facility, the facility shall refund any deposit or charges already paid less the facility's per diem rate for the days the resident actually resided or reserved or retained a bed in the facility notwithstanding any minimum stay policy or discharge notice requirements, except that the facility may retain an additional amount to cover its reasonable, actual expenses incurred as a result of a private-pay resident's move, not to exceed five days' per diem charges, unless the resident has given advance notice in compliance with the admission agreement.
26 SHB 1218 original facility, the facility shall refund any deposit or charges already paid less the facility's per diem rate for the days the resident actually resided or reserved or retained a bed in the facility notwithstanding any minimum stay policy or discharge notice requirements, except that the facility may retain an additional amount to cover its reasonable, actual expenses incurred as a result of a private-pay resident's move, not to exceed five days' per diem charges, unless the resident has given advance notice in compliance with the admission agreement.
Nothing in this section applies to provisions in contracts negotiated between a nursing facility or long-term care facility and a certified health plan, health or disability insurer, health maintenance organization, managed care organization, or similar entities.
Nothing in this section applies to provisions in contracts negotiated between a nursing facility or long-term care facility and a certified health p.
34 HB 1218 plan, health or disability insurer, health maintenance organization, managed care organization, or similar entities.
29.
34.
The facility must retain a copy of p.
The facility must retain a copy of the disclosure.
27 SHB 1218 the disclosure.
28 SHB 1218
35 HB 1218
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Action History

  1. Effective date 7/25/2021.

  2. Chapter 159, 2021 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. President signed.

  6. Speaker signed.

  7. Passed final passage; yeas, 96; nays, 2; absent, 0; excused, 0.

  8. House concurred in Senate amendments.

  9. Third reading, passed; yeas, 27; nays, 21; absent, 0; excused, 1.

  10. Rules suspended. Placed on Third Reading.

  11. Committee amendment(s) adopted with no other amendments.

  12. Placed on second reading by Rules Committee.

  13. Scheduled for public hearing in the Senate Committee on Ways & Means at 09:00 AM

  14. Passed to Rules Committee for second reading.

  15. Minority; without recommendation.

  16. Minority; do not pass.

  17. WM - Majority; do pass with amendment(s) by Health & Long Term Care.

  18. Executive action taken in the Senate Committee on Ways & Means at 9:00 AM.

  19. Scheduled for public hearing in the Senate Committee on Ways & Means at 01:30 PM

  20. Public hearing in the Senate Committee on Ways & Means at 1:30 PM.

  21. Referred to Ways & Means.

  22. Scheduled for public hearing in the Senate Committee on Health & Long Term Care at 08:00 AM

  23. And refer to Ways & Means.

  24. Minority; do not pass.

  25. HLTC - Majority; do pass with amendment(s).

  26. Executive action taken in the Senate Committee on Health & Long Term Care at 8:00 AM.

  27. Scheduled for public hearing in the Senate Committee on Health & Long Term Care at 01:30 PM

  28. Public hearing in the Senate Committee on Health & Long Term Care at 1:30 PM.

  29. First reading, referred to Health & Long Term Care.

  30. Third reading, passed; yeas, 95; nays, 2; absent, 0; excused, 1.

  31. Rules suspended. Placed on Third Reading.

  32. 1st substitute bill substituted (HCW 21).

  33. Placed on second reading by Rules Committee.

  34. Referred to Rules 2 Review.

  35. Scheduled for public hearing in the House Committee on Health Care & Wellness at 08:00 AM

  36. Minority; without recommendation.

  37. Minority; do not pass.

  38. HCW - Majority; 1st substitute bill be substituted, do pass.

  39. Executive action taken in the House Committee on Health Care & Wellness at 8:00 AM.

  40. Executive session scheduled, but no action was taken in the House Committee on Health Care & Wellness at 8:00 AM.

  41. Scheduled for public hearing in the House Committee on Health Care & Wellness at 10:00 AM

  42. Public hearing in the House Committee on Health Care & Wellness at 10:00 AM.

  43. First reading, referred to Health Care & Wellness.

Sponsors

Sponsorship breakdown

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1 sponsors · 22 co-sponsors · 128 not signed on · 14 voted No

Sponsors (1)

Co-sponsors (22)

Not signed on (128)

128 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 96 Yea · 2 Nay
Party YeaNayPresentNot Voting
Republican 26000
Democrat 48000
Unaffiliated 22200
Total 96200
% of votes cast 98%2%0%0%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Yea
Chopp — Yea
Cody — Yea
Dolan — Yea
Gilday — Yea
Harris-Talley — Yea
Hoff — Yea
Kirby — Yea
Klippert — Yea
Kraft — Nay
Kretz — Yea
Maycumber — Yea
McCaslin — Nay
Mosbrucker — Yea
Robertson — Yea
Sells — Yea
Sullivan — Yea
Sutherland — Yea
Vick — Yea
Wicks — Yea
Wilcox — Yea
Young — Yea
Johnson, J. — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Bill Ramos Democrat Yea
Cindy Ryu Democrat Yea
Dan Bronoske Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Javier Valdez Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jeremie Dufault Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Yea
Keith Goehner Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Matt Boehnke Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Rob Chase Republican Yea
Skyler Rude Republican Yea
Tom Dent Republican Yea
Passed 27 Yea · 21 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11801
Republican 01300
Democrat 16000
Total 272101
% of votes cast 55%43%0%2%
How each member voted (49)
Member Party Vote
Billig — Yea
Brown — Nay
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Nay
Frockt — Yea
Hawkins — Nay
Hobbs — Not Voting
Honeyford — Nay
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Nay
Randall — Yea
Rivers — Nay
Rolfes — Yea
Sheldon — Nay
Van De Wege — Yea
Wilson, L. — Nay
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Chris Gildon Republican Nay
Curtis King Republican Nay
Jeff Holy Republican Nay
Jeff Wilson Republican Nay
Jim McCune Republican Nay
John Braun Republican Nay
Judy Warnick Republican Nay
Keith Wagoner Republican Nay
Mark Schoesler Republican Nay
Perry Dozier Republican Nay
Phil Fortunato Republican Nay
Ron Muzzall Republican Nay
Shelly Short Republican Nay
Passed 95 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 26000
Democrat 48000
Unaffiliated 21201
Total 95201
% of votes cast 97%2%0%1%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Not Voting
Chopp — Yea
Cody — Yea
Dolan — Yea
Gilday — Yea
Harris-Talley — Yea
Hoff — Yea
Kirby — Yea
Klippert — Yea
Kraft — Nay
Kretz — Yea
Maycumber — Yea
McCaslin — Nay
Mosbrucker — Yea
Robertson — Yea
Sells — Yea
Sullivan — Yea
Sutherland — Yea
Vick — Yea
Wicks — Yea
Wilcox — Yea
Young — Yea
Johnson, J. — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Bill Ramos Democrat Yea
Cindy Ryu Democrat Yea
Dan Bronoske Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Javier Valdez Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jeremie Dufault Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Yea
Keith Goehner Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Matt Boehnke Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Rob Chase Republican Yea
Skyler Rude Republican Yea
Tom Dent Republican Yea

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 1218?
HB 1218 is sponsored by Harris-Talley, Roger Goodman (Democrat), Nicole Macri (Democrat), Marcus Riccelli (Democrat), Alex Ramel (Democrat), Javier Valdez (Democrat), Lisa Callan (Democrat), Dan Bronoske (Democrat), Vandana Slatter (Democrat), Joe Fitzgibbon (Democrat), Lillian Ortiz-Self (Democrat), Sharon Tomiko Santos (Democrat), Cody, Tina Orwall (Democrat), Dolan, Jamila Taylor (Democrat), Lauren Davis (Democrat), Monica Jurado Stonier (Democrat), Strom Peterson (Democrat), Debra Lekanoff (Democrat), Sells, Tarra Simmons (Democrat), and Jessica Bateman (Democrat).
What is the current status of HB 1218?
This bill has been enacted into law. Introduced January 15, 2021. Enacted.
Where can I track HB 1218?
Track HB 1218 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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