HomeMy WebLinkAboutord1986-0961
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FINAL /12 -8 -86
INTRODUCED BY: Consent
PROPOSED BY: County Executive 1nIVA
DATE: 11 -20 -86
ORDINANCE NO. 86 -96
AN ORDINANCE ESTABLISHING NOR -BELL
CARE CENTER AS AN EXECUTIVE DEPARTMENT
OF WHATCOM COUNTY
WHEREAS, the Nor -Bell Nursing Home has been operating partially as
a County Department without formally being accorded that status;
and,
WHEREAS, the Whatcom County Council wishes to clearly establish
the role of the Nor -Bell Care Center as an executive department
within Whatcom County government,
NOW, THEREFORE, BE IT ORDAINED that a new section to the Whatcom
County Code shall be created which shall read as follows:
Chapter 2.22A
DEPARTMENT OF NOR -BELL CARE CENTER
Sections:
2.22A.010 Establishment
2.22A.020 Administration
2.22A.030 License Requirements
2.22A.040 Duties of Administrator
2.22A.050 Compensation of Administrator
2.22A.060 Staff
2.22A.100 Licensing of Care Center
2.22A.110 Agreement with Department of Social
and Health Services
2.22A.120 Staffing Standards
2.22A.130 Services
2.22A.140 Admission and Removal
2.22A.150 Additional Compensation
2.22A.200 Advisory Board
2.22A.210 Duties
2.22A.220 Meetings and Officers
2.22A.230 Removal and Replacement of Advisory Board
Members
2.22A.240 Powers
2.22A.250 No Compensation
2.22A.260 Open Meetings Act
2.22A.300 Severability
2.22A.010 Establishment. There is established the Department of
Nor -Bell Care Center hereinafter referred to as the "Department
or the Facility "), an executive department of the County. The
Department shall commence operation on January 1, 1987, provided
that the County Executive may take any preliminary or transitional
steps necessary for the formation of the Department and the
implementation of this Chapter.
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2.22A.O2O The Administration. The Department shall be run by an
Administrator who shall be appointed by the Whatcom County
Executive, and be confirmed by the Whatcom County Council. Said
Administrator shall serve an indefinite term and shall serve at
the will of the Executive.
2.22A.O3O License Requirements. The Administrator shall hold a
valid license as set out in R.C.W. 18.52 et seq. Should the
Administrator fail to maintain this license in good standing, the
Administrator shall immediately be terminated.
2.22A.O4O Duties of Administrator.
(1) The Administrator shall be under the general direction of, the
Whatcom County Executive and shall be responsible for the
management of the Department. The Administrator shall be
responsible for implementing the policies established by the
Whatcom County Executive, the Whatcom County Council and the Nor -
Bell Advisory Board. In the event of a contradiction among
policies, the administrative and legislative policies of the
County Executive and County Council shall supersede those of the
Nor -Bell Advisory Board.
(2) The Administrator shall insure that a high level of nursing
services be provided for the patients. The Administrator will
supervise the finances, personnel, repair and maintenance of the
facility, the provision of food services and laundry, cleanliness
of the facility, and any and all other managerial duties required
to insure that the facility runs smoothly on a day -to -day basis.
(3) The Administrator shall prepare the annual budget in
consultation with the Nor -Bell Advisory Board for submission to
the Whatcom County Executive. Furthermore, it shall be the
Administrator's responsibility to monitor the budget expenditures
to insure that the costs are kept within funding limits. The
Administrator shall advise the Nor -Bell Advisory board of any
policy which may cause expenditures to exceed the funding
authorization.
2.22A.O5O Compensation of Administrator. The level of
compensation paid to the Administrator shall be established by the
Whatcom County Council and any other applicable laws and
regulations.
2.22A.O6O Staff. The staff shall be hired by the Administrator
in accordance with the Personnel Policies and Procedures of
Whatcom County and any other applicable laws and regulations.
2.22A.1O0 Licensing of Nor -Bell Care Center. The Facility shall
maintain a current, provisional or regular license issued by the
Department of Social & Health Services (hereinafter referred to as
DSHS) as provided in R.C.W. 18.51
2.22A.11O Agreement With Department of Social & Health Services.
The Department shall continue to supply nursing home care in
accordance with the agreement between Whatcom County and DSHS
dated July 6, 1972.
2.22A.12O Staffing Standards.
The Department shall comply with the staffing standards as set by
DSHS and shall require all employees that are required to be
licensed to maintain those licenses in current status.
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2.22A.13O Services.
For all patients, the Facility shall:
A. Provide medical supervision and the keeping of patient(s)
records;
B. Provide proper medication and treatments in accordance with
physicians' orders;
C. Promote personal hygiene;
D. Encourage and promote patient self -help;
E. Meet emotional and /or behavioral problems;
F. Safeguard the patients' personal possessions and transmit all
mail in unopened condition to those patients able to receive it;
G. Insure a nutritionally adequate and varied diet;
H. Provide a safe and comfortable environment;
I. Insure the availability of such services as laboratory, X -ray
and emergency dental care; such services must be available to the
patients, even though not regularly provided within the Facility,
in such a way that they can be obtained promptly when needed;
J. To the extent possible, provide the opportunity for patients
to participate in religious services according to their individual
preferences;
2.22A.14O Admission and Removal.
A. Except in an emergency situation, the Department shall secure
prior approval from DSHS before admitting a patient whose care is
paid for by DSHS.
B. The Department may refuse to admit or refuse to continue to
care for any patient:
1) whose nursing care needs the Department considers to
exceed the ability of the Facility to provide; or,
2) who is unable to adjust.
C. Except in emergency circumstances requiring immediate removal
from the Facility, DSHS shall be given reasonable time for the
necessary planning for the relocation of its patients, not to
exceed ten (10) days.
D. DSHS shall have at all times the right to remove patients from
the Facility if DSHS finds such. action necessary for the
preservation of the health, safety and /or welfare of the patient.
2.22A.15O Additional Compensation
A. The Department shall not charge additional compensation from
DSHS public pay patients, their relatives or friends, for
providing nursing care to those patients.
B. The Department may, however, charge patients for personal
incidental items, supplies or services as requested by the
patient, if such items or services are not directly related to the
services listed in Section 2.22A.130.
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2.22A.2O0 Advisory Board.
(1) The Nor -Bell Advisory Board is hereby created and shall serve
in an advisory capacity to the Department. The Board shall
consist of seven (7) members who, except for the initial staggered
terms of the initial appointments, shall be appointed to serve for
a term of four (4) years, and shall commence from the 1st day of
January, 1987, until their successors shall be appointed. They
shall be limited in service to two (2) consecutive full terms.
Concerning the initial establishment of the Board: three members
shall serve a two -year term, two members shall serve a three -year
term, and two members shall serve a four -year term. The County
Executive shall designate which members shall serve which term.
(2) The members shall be appointed by the Executive subject to
confirmation by the Whatcom County Council.
(3) The Administrator shall be a non - voting member of the Board
and shall act as its secretary.
2.22A.21O Duties.
The Advisory Board shall:
A. Establish policies to be carried out by the Administrator
concerning the physical care of patients;
B. Review and approve major changes to the physical facilities,
including repair and new construction;
C. Review and approve the annual budget;
D. Insure the fiscal soundness of the institution by regularly
monitoring its financial state, and making changes in spending
policies, as required;
E. Establish or change private patient rates as required.
2.22A.22O Meetings and Officers.
The members of the Advisory Board shall meet initially at the call
of the Administrator within thirty (30) days of appointment, and
subsequently at the call of the Administrator or the Board
president or his or her designee. At its annual meeting, or as
soon after as practical, the Board shall elect officers, adopt
bylaws and such rules and regulations of procedure as are
necessary for the conduct of the Board's business.
2.22A.23O Removal and Replacement of Advisory Board Members.
Advisory Board members serve at the pleasure of the County
Executive. Any vacancies shall be filled by the County Executive
in the regular manner for appointment and such appointments shall
be for the remainder of the term of the Advisory Board member
replaced.
2.22A.24O Powers.
The Advisory Board may adopt rules for the government of the
Facility. Said rules shall be consistent with state and county
laws and ordinances. The Advisory Board may accept property by
gift, devise, bequest, or otherwise for the use of the Facility,
on behalf of Whatcom County.
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2.22A.250 No Compensation.
No voting member of the Advisory Board shall receive any
compensation or emolument for services on said Advisory Board; nor
shall any Advisory Board member have or acquire any personal
interest in any lease or contract whatsoever made by the County
with respect to the Facility. Nothing contained in this Section
shall prohibit token of appreciation for services rendered upon
leaving the Board.
2.22A.260 Open Meetings Act.
The Advisory Board meetings shall be subject to the Open Meetings
Act, R.C.W. 42.30 et seq.
2.22A.270 Contracts.
All contracts, agreements, rights, claims, and obligations, either
in favor of Nor -Bell Care Center or against it at the time this
Ordinance takes effect, shall continue in full force and effect.
2.22A.300 Severabilit
If any part of this Ordinance is illegal, the validity of the
remaining provisions shall not be affected and the rights and
obligation of the parties shall be construed as if the Ordinance
did not contain the particular illegal part. If it should appear
that any provisions of this Ordinance are in conflict with any
statutory provisions of the State of Washington, said provision of
the Ordinance shall be deemed inoperative and null and void
insofar as it may be conflict therewith, and shall be modified to
conform to such statutory provision.
2.22A.400 Repealer Clause.
Whatcom County Code 2.22 and 2.44 are both repealed in their
entirety.
APPROVED this _4th_ day of _December , 1986.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, GTON
CAROL EBERGSON D G. A E
CLERK OF THE COUNCIL CHAIRMAN
APPROVED AS TO FORM: APPROVED ( ) VEOTED
VC'_
RANDALL J. WATTS SHIRL VA ANTEN
Civil Deputy Prosecuting County Executive
Attorney
Published on 11 -26 -86 & 12 -10 -86 12 -5 -86
Date Signed by Executive
Ordinance becomes effective 12- 15/86.