WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

House OKs bills strengthening protections for vulnerable adults

Legislation continues get-tough laws against abuse of defenseless citizens

OLYMPIA – Most referral-agencies do a good job matching senior citizens with appropriate services. Fortunately most of the time, there’s no problem at all. But yes, there are those agencies that fall way short of meeting their responsibilities, sometimes endangering the health and well-being of very vulnerable adults.

State Rep. Jim Moeller has captured House of Representatives support for his House Bill 1494 creating standards for referral-agencies. The standards involve matters such as fees/refunds, recordkeeping, disclosure statements, and intake forms.

Moeller explained that his bill would require a disclosure form including “clear and cogent information acknowledged by the senior citizen about what the agency does and doesn’t do, fees (if any), refund policies, and directions for making a complaint to the Attorney General. An intake form to assist with a proper referral (i.e., information on any medical conditions, special diets, behaviors or cultural needs) would also need to be completed.”

       Agencies violating regulations pertaining to elderly referral and vulnerable-adult referral could be prosecuted under the Consumer Protection Act, according to other terms of Moeller’s bill.

        Moeller cited cases in which clients have been told that services they are receiving are free-of-charge, when in fact the services turned out not to be free-of-charge at all.

        “There are no free lunches. Eventually, the senior citizen pays,” Moeller said. “In some cases assessments have been conducted over the phone and inappropriate placements have been made.”

        The measure requires referral agencies to provide a disclosure statement to each client and have the client acknowledge receipt of the statement. The statement would have to include a description of services to be provided, the amount of fee to be charged, and the time and method of payment.

        Also, the agency would be compelled to provide:

* A statement that the agency will be acting as the client’s representative.

* A statement that the client can stop using the referral agency at any time without penalty.

* An explanation of the agency’s refund policy.

* And finally, an explanation of how a citizen can file a complaint with the Attorney General’s office.

        Another bill prime-sponsored by Moeller to strengthen protections for vulnerable adults, House Bill 1053, has also garnered House approval. Terms of this bill require:

* That lay guardians receive training if such training is made available by the Administrative Office of the Courts or superior courts.

* That courts review guardianship reports and accounts.

* That new deadlines be set up for guardianship proceedings, including notification of interested parties and filing of reports and accounts.

* That guardians must obtain letters of guardianship from the court before acting on behalf of an incapacitated person.

* That court clerks must collect a fee for filings of guardianship accounts and reports.

       Here’s how the legislation came into being:

Moeller worked with a task force appointed by the Elder Law Section of the Washington State Bar Association and representatives from the Superior Court Judges Association and the Administrative Office of the Courts. The task force concluded that the current system is lacking oversight, accountability and funding.

        Moeller said the bill is designed “to increase oversight and accountability in Washington’s guardianship system. Currently, it is difficult to determine the exact number and status of guardianships. Certified professional guardians are appointed only about 16 percent of the time. By providing oversight over all guardianships, the bill will allow the courts to fix problems and prevent tragedies. The proposed requirements would not be a burden on guardians or the courts.”

        The bills cleared the House just a few hours before a deadline banished measures that didn’t pass the legislative chamber where the bills were first introduced. HB 1494 passed the House, 53-43, and HB 1053 passed the House, 56-40. The two bills are now in the Senate awaiting further discussion.