Bill Summary – FastDemocracy

ENGROSSED SUBSTITUTE SENATE BILL 5640
     State of Washington         68th Legislature     2023 Regular Session
     By Senate Housing (originally sponsored by Senators Hunt, Kuderer,
     and C. Wilson)
     READ FIRST TIME 02/16/23.
     AN ACT Relating to establishing an independent living residents'
 rights work group; creating a new section; providing an expiration
 date; and declaring an emergency.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION. Sec. 1. (1) Subject to the availability of amounts
 appropriated for this specific purpose, the independent living
 residents' rights work group is established. The purpose of the work
 group is to recommend to the governor and the appropriate committees
 of the legislature a bill of rights for nonresidents residing in an
 assisted living facility that allows the nonresidents to have a
 process to resolve disputes regarding contracted services with the
 owners and management of the assisted living facility in which they
 reside. To establish these recommendations, the work group shall:
     (a) Hold multiple stakeholder meetings with nonresidents residing
 in an assisted living facility to identify the barriers and issues
 impacting the nonresidents;
     (b)   Consider  the   impacts  and   evaluate   the  options  for
 nonresidents residing in an assisted living facility;
     (c) Conduct an analysis of the barriers and issues regarding
 contracted services that may not be resolved through the current
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 appeals   process   for  residential   landlord-tenant    policies as
 referenced in chapter 59.18 RCW; and
     (d) Develop recommendations for a process for nonresidents
 residing in an assisted living facility to resolve problems,
 including recommendations protecting nonresidents from retaliation
 from owners and management of assisted living facilities.
     (2) The work group shall be composed of the following members:
     (a) One representative from the department of social and health
 services, appointed by the secretary of the department of social and
 health services;
     (b) One representative from the Washington state attorney
 general's office, appointed by the attorney general or the attorney
 general's designee;
     (c) One representative from the office of the state long-term
 care ombuds, appointed by the state long-term care ombuds;
     (d) One representative each from two different associations
 representing assisted living facilities, appointed by the secretary
 of the department of social and health services from a list provided
 by the associations;
     (e) One representative from a community-based organization or
 nonprofit   organization  that   advocates  for   seniors  and  other
 individuals who wish to age in place, appointed by the secretary of
 the department of social and health services from a list provided by
 the organizations;
     (f) An attorney with expertise in landlord-tenant law;
     (g) The cochair of the dementia action collaborative other than
 the secretary of the department of social and health services or his
 or her designee; and
     (h) Three representatives who are current nonresidents residing
 in an assisted living facility, appointed by the secretary of the
 department of social and health services based on the recommendations
 of the dementia action collaborative, the office of the state long-
 term care ombuds, and the independent resident commission of
 Bonaventure of Lacey.
     (3) The work group shall submit its findings and recommendations
 to the governor and the appropriate committees of the legislature by
 January 1, 2025.
     (4) The work group shall hold its inaugural meeting no later than
 August 1, 2024. The work group shall elect a chair from among its
 current or previous nonresident members as listed in subsection
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 (2)(h) of this section at the inaugural meeting. The election of the
 chair must be by a majority vote of the work group members who are
 present at the inaugural meeting. The chair of the work group is
 responsible for arranging subsequent meetings and developing meeting
 agendas.
     (5) Staff support for the work group, including arranging the
 inaugural meeting of the work group and assisting the chair of the
 work group in arranging subsequent meetings, must be provided by the
 department of social and health services.
     (6) Nonlegislative members are not entitled to be reimbursed for
 travel expenses if they are elected officials or are participating on
 behalf of an employer, governmental entity, or other organization.
 Any reimbursement for other nonlegislative members is subject to
 chapter 43.03 RCW.
     (7) The work group is a class one group under chapter 43.03 RCW.
     (8) A public comment period must be provided at every meeting of
 the work group.
     (9) This section expires January 1, 2026.
     NEW SECTION.   Sec. 2.  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.
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