As used in this chapter:
(1) "Boarding home" means any home or other institution,
however named, which is advertised, announced, or maintained for
the express or implied purpose of providing housing, basic
services, and assuming general responsibility for the safety and
well-being of the residents, and may also provide domiciliary
care, consistent with chapter 142, Laws of 2004, to seven or more
residents after July 1, 2000. However, a boarding home that is
licensed for three to six residents prior to or on July 1, 2000,
may maintain its boarding home license as long as it is
continually licensed as a boarding home. "Boarding home" shall
not include facilities certified as group training homes pursuant
to RCW 71A.22.040, nor any home, institution or section thereof
which is otherwise licensed and regulated under the provisions of
state law providing specifically for the licensing and regulation
of such home, institution or section thereof. Nor shall it
include any independent senior housing, independent living units
in continuing care retirement communities, or other similar
living situations including those subsidized by the department of
housing and urban development.
(2) "Basic services" means housekeeping services, meals,
nutritious snacks, laundry, and activities.
(3) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof.
(4) "Secretary" means the secretary of social and health
services.
(5) "Department" means the state department of social and
health services.
(6) "Resident's representative" means a person designated
voluntarily by a competent resident, in writing, to act in the
resident's behalf concerning the care and services provided by
the boarding home and to receive information from the boarding
home, if there is no legal representative. The resident's
competence shall be determined using the criteria in RCW 11.88.010(1)(e). The resident's representative may not be
affiliated with the licensee, boarding home, or management
company, unless the affiliated person is a family member of the
resident. The resident's representative shall not have authority
to act on behalf of the resident once the resident is no longer
competent.
(7) "Domiciliary care" means: Assistance with activities of
daily living provided by the boarding home either directly or
indirectly; or health support services, if provided directly or
indirectly by the boarding home; or intermittent nursing
services, if provided directly or indirectly by the boarding
home.
(8) "General responsibility for the safety and well-being of
the resident" means the provision of the following: Prescribed
general low sodium diets; prescribed general diabetic diets;
prescribed mechanical soft foods; emergency assistance;
monitoring of the resident; arranging health care appointments
with outside health care providers and reminding residents of
such appointments as necessary; coordinating health care services
with outside health care providers consistent with RCW 18.20.380;
assisting the resident to obtain and maintain glasses, hearing
aids, dentures, canes, crutches, walkers, wheelchairs, and
assistive communication devices; observation of the resident for
changes in overall functioning; blood pressure checks as
scheduled; responding appropriately when there are observable or
reported changes in the resident's physical, mental, or emotional
functioning; or medication assistance as permitted under RCW 69.41.085 and as defined in RCW 69.41.010.
(9) "Legal representative" means a person or persons
identified in RCW 7.70.065 who may act on behalf of the resident
pursuant to the scope of their legal authority. The legal
representative shall not be affiliated with the licensee,
boarding home, or management company, unless the affiliated
person is a family member of the resident.
(10) "Nonresident individual" means a person who resides in
independent senior housing, independent living units in
continuing care retirement communities, or in other similar
living environments or in a boarding home and may receive one or
more of the services listed in RCW 18.20.030(5). A nonresident
individual may not receive domiciliary care, as defined in this
chapter, directly or indirectly by the boarding home and may not
receive the items and services listed in subsection (8) of this
section, except during the time the person is receiving adult day
services as defined in this section.
(11) "Resident" means an individual who is not related by
blood or marriage to the operator of the boarding home, and by
reason of age or disability, chooses to reside in the boarding
home and receives basic services and one or more of the services
listed under general responsibility for the safety and well-being
of the resident and may receive domiciliary care or respite care
provided directly or indirectly by the boarding home and shall be
permitted to receive hospice care through an outside service
provider when arranged by the resident or the resident's legal
representative under RCW 18.20.380.
(12) "Resident applicant" means an individual who is seeking
admission to a licensed boarding home and who has completed and
signed an application for admission, or such application for
admission has been completed and signed in their behalf by their
legal representative if any, and if not, then the designated
representative if any.
(13) "Adult day services" means care and services provided
to a nonresident individual by the boarding home on the boarding
home premises, for a period of time not to exceed ten continuous
hours, and does not involve an overnight stay.
[2006 c 242 § 1; 2004 c 142 § 1; 2003 c 231 § 2; 2000 c 47 § 1; 1998 c 272 § 14; 1991 c 3 § 34; 1989 c 329 § 1; 1985 c 213 § 4; 1979 c 141 § 25; 1957 c 253 § 2.]
NOTES:
Severability -- 2006 c 242: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2006 c 242 § 4.]
Effective dates -- 2004 c 142: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2004], except that sections 1 through 10 and 12 of this act take effect September 1, 2004." [2004 c 142 § 18.]
Findings -- 2003 c 231: "The legislature finds and declares
that, in keeping with the traditional concept of the dignity of
the individual in our democratic society, the older citizens of
this state and persons with disabilities are entitled to live in
comfort, honor, and dignity in a manner that maximizes freedom
and independence.
The legislature further finds that licensed boarding homes
are an essential component of home and community-based services,
and that the noninstitutional nature of this care setting must be
preserved and protected by ensuring a regulatory structure that
focuses on the actual care and services provided to residents,
consumer satisfaction, and continuous quality improvement.
The legislature also finds that residents and consumers of
services in licensed boarding homes should be encouraged to
exercise maximum independence, and the legislature declares that
the state's rules for licensed boarding homes must also be
designed to encourage individual dignity, autonomy, and choice.
The legislature further finds that consumers should be
afforded access to affordable long-term care services in licensed
boarding homes, and believes that care delivery must remain
responsive to consumer preferences. Residents and consumers in
licensed boarding homes should be afforded the right to
self-direct care, and this right should be reflected in the rules
governing licensed boarding homes." [2003 c 231 § 1.]
Effective date -- 2003 c 231: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 12, 2003]." [2003 c 231 § 12.]
Effective date -- 2000 c 47: "This act takes effect July 1, 2000." [2000 c 47 § 11.]
Findings -- Severability -- Effective date -- 1998 c 272: See notes following RCW 18.20.230.
Savings -- Effective date -- 1985 c 213: See notes following RCW 43.20.050.