HOW SB 5640 stops downsizing

Last Monday there was a hearing on HB 1407, the companion bill for SB 5640, and as a result of a strong turn out it appears it will die in committee. The bill would effectively end downsizing by allowing legal guardians to block the transfer of residents of one RHC or SOLA to another. The pro-RHC people will have out their troops, based on what we saw at the hearing last week on the House version of the same bill. The hearing is set for Monday, 2/9, at 1:30, at the Senate Health and Long Term Care Committee (Cherberg).


HOW SB 5640 stops downsizing: It is not straightforward. It is a "stealth" bill - the RHC proponents say it promotes the rights of residents. The bill applies the Long-Term Care Resident Rights Bill to the RHCs. As you may know, that bill is for the protection of folks in adult family homes and boarding homes. Applying the LTC resident rights bill to the RHCs seems fine at first blush. The problem is limited to one section - section 4 - which was set up in the original LTC resident rights statute to prevent boarding homes from dumping people out when they no longer wanted them. The problem is that the way it is worded, if it is applied to RHCs, it allows guardians to prevent transfer of residents from one RHC to another. Here's the section I am referring to:

Sec. 4.
(1) The facility must permit each resident to remain in the
facility, and not transfer or discharge the resident from the facility unless:
(a) The transfer or discharge is necessary for the resident's
welfare and the resident's needs cannot be met in the facility;
(b) The safety of individuals in the facility is endangered;
(c) The health of individuals in the facility would otherwise be
endangered;
(d) The resident has failed to make the required payment for his or her stay; or
(e) The facility ceases to operate.
So, in order to override a guardian's refusal to have a resident move during downsize, DSHS would need to prove that "the residents needs cannot be met in the facility". That isn't true, as long as the facility is open - so unless the facility closes entirely, there can be no move. This means that if the bill passes, there won't be any more downsizing because the RHC guardians will be able to block the transfers. DSHS will still be able to close RHCs altogether - but they won't be able to consolidate. This will greatly complicate the closure process, esp. for the larger RHCs.