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2021 House Bill 1120: Concerning state of emergency operations impacting long-term services and supports
Introduced by Rep. Steve Tharinger (Sequim) (D) on January 11, 2021
Referred to the House Health Care & Wellness Committee on January 11, 2021
Substitute offered in the House on January 27, 2021
Changes requirements relating to background checks for long-term care workers. • Alters certain regulatory requirements relating to long-term care facilities in the event of a pandemic, natural disaster, or other declared state of emergency. • Changes licensing requirements for nursing assistants.
Amendment offered by Rep. Steve Tharinger (Sequim) (D) on February 5, 2021
Provides alternate expiration periods for rules adopted in response to a pandemic, natural disaster, or other declared state of emergency: (a) For long-term care facility inspections, the rules are effective until the termination of the pandemic, disaster, or emergency or the reestablishment of normal inspection timelines, whichever is later; (b) For staffing requirements for nursing homes, the rules are effective until 18 months after the termination of the pandemic, disaster, or emergency or when the Department of Social and Health Services (DSHS) determines they are no longer necessary, whichever occurs first; (c) For training requirements, the rules are effective until the termination of the pandemic, disaster, or emergency or until there is adequate access to complete the required training, whichever is later; (d) For health care aide certification, the rules are effective until the termination of the pandemic, disaster, or emergency or until the Department of Health (DOH) determines the rules are no longer necessary, whichever occurs first.
The amendment passed by voice vote in the House on February 5, 2021
Received in the Senate on February 11, 2021
Referred to the Senate Health & Long-Term Care Committee on February 11, 2021
Amendment offered in the Senate on March 22, 2021
• Clarifies that a long-term care worker must pass both the state and federal background checks, but may work and have unsupervised access once they pass the state background check and wait completion of the federal check. • Reduces the 18-month time frame for SNF minimum staffing rules to remain in effect to 12 months after the state of emergency is terminated. • Removes the requirement for DSHS to review and report SNF minimum staffing compliance 12 months after the termination of the state of emergency.
Referred to the Senate Rules Committee on March 23, 2021
Amendment offered in the Senate on April 19, 2021
Clarifies that a long-term care worker must pass both the state and federal background checks. Reduces the 18-month time frame for SNF minimum staffing rules to remain in effect to 12 months after the state of emergency is terminated. Removes the requirement for DSHS to review and report SNF minimum staffing compliance 12 months after the termination of the state of emergency.
The amendment passed by voice vote in the Senate on April 19, 2021
Received in the House on April 22, 2021
Signed by Gov. Jay Inslee on May 10, 2021