S-3533.1          _______________________________________________

                                 SENATE BILL 6354

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senators Craswell, Barr, Pelz, Murray, Moore, West, Hayner, Newhouse, Williams, Metcalf, A. Smith, Vognild, McDonald, Stratton, Bauer, Oke and Roach

Read first time 01/27/92.  Referred to Committee on Health & Long‑Term Care.Providing an exception to the nursing home prospective cost-related reimbursement system dual certification requirement.

     AN ACT Relating to conditions of participation in the prospective cost-related reimbursement system; and amending RCW 74.46.660.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 74.46.660 and 1991 sp.s. c 8 s 13 are each amended to read as follows:

     In order to participate in the prospective cost-related reimbursement system established by this chapter, the person or legal organization responsible for operation of a facility shall:

     (1) Obtain a state certificate of need and/or federal capital expenditure review (section 1122) approval pursuant to chapter 70.38 RCW and Part 100, Title 42 CFR where required;

     (2) Hold the appropriate current license;

     (3) Hold current Title XIX certification;

     (4) Hold a current contract to provide services under this chapter;

     (5) Comply with all provisions of the contract and all application regulations, including but not limited to the provisions of this chapter; and

     (6) Obtain and maintain medicare certification, under Title XVIII of the social security act, 42 U.S.C. Sec. 1395, as amended, for ((no less than fifteen percent)) a portion of the facility's licensed beds.  The department may grant an exemption to this requirement for any or all of the following reasons:

(a) There are existing medicare-certified swing beds in a rural hospital with a long-term care wing available for use by medicare-eligible nursing home residents.

(b) A facility maintains an average occupancy of ninety-five percent or higher.

(c) A facility has fifty beds or less.

(d) The number of medicare-certified beds within a service area exceeds fifteen percent.

(e) A facility is unable to meet all requirements for medicare certification by the health care financing administration.