ESSB 5271 and its Impact on AFHs
ESSB 5271 and its Impact on Adult Family Homes
If you have received or do receive a notice from the Department of Health (DOH) concerning the possession of a Medical Test Site Waiver, we would like to share our understanding based on communication with the DOH Facilities Program Manager for Medical Test Sites and Blood Establishments.
The recent legislative changes enacted by Engrossed Substitute Senate Bill 5271 (ESSB 5271) for the 2023-2024 period, along with the regulations detailed in WAC 246-338, may have potential implications for Adult Family Homes (AFHs). In the event a complaint is made against an AFH, the Department of Social and Health Services (DSHS) would be the appropriate regulatory authority to address it. However, if the complaint is related to medical testing conducted at the AFH, DOH surveyors would undertake the investigation. It is important to note that their investigation would focus solely on compliance with the MTS regulations as outlined in Chapter 246-338 WAC.
Please note that this law, which has recently come into effect, covers multiple facility types, not just medical test sites in adult family homes. DOH has always had the ability to fine facilities for non-compliance of the medical test site waiver requirement, as explained in the WAC, but ESSB 5271 specifically addresses additional authority if immediate jeopardy has been identified putting patients/residents at serious risk. DOH does not have any plans to review inspection reports for medical test sites, and typically inspects waived sites only when complaints are received.
Please reach out to the Council if you have any further questions.
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