WSR 97-06-013

PERMANENT RULES

DEPARTMENT OF

VETERANS AFFAIRS

[Filed February 25, 1997, 2:05 p.m.]

Date of Adoption: January 17, 1997.

Purpose: To reflect changes made to applicable RCWs.

Citation of Existing Rules Affected by this Order: Amending WAC 484-20-103 and 484-20-120.

Statutory Authority for Adoption: RCW 43.60A.070.

Other Authority: RCW 72.36.030.

Adopted under notice filed as WSR 96-23-048 on November 19, 1996.

Changes Other than Editing from Proposed to Adopted Version: WAC 484-20-103 (1), (2)(a) through (d) and (3), changed language to reflect applicable language in chapter 70.129 RCW; WAC 484-20-103(5), added language from chapter 70.129 RCW; WAC 484-20-120, deleted "and denial of colony benefits." This and subsection (3) duplicates language in WAC 484-20-089 (2)(e) and was creating confusion among DVA clients; WAC 484-20-120 (1)(a) through (e), changed language to reflect applicable language in chapter 70.129 RCW; and WAC 484-20-120(3), deleted this subsection. It duplicates language in WAC 484-20-089 (2)(e) and was creating confusion among DVA clients.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 2, repealed 0; or Recently Enacted State Statutes: New 0, amended 2, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 2, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

February 24, 1997

Sherri Madison

Policy Analyst

AMENDATORY SECTION (Amending WSR 94-22-050, filed 10/31/94, effective 12/1/94)

WAC 484-20-103 Administrative action, notice of. (1) The state veterans home ((shall give notice to)) must notify the resident((,)) and the resident's ((surrogate decision maker, and if appropriate, a family member or the resident's legal)) representative, and make a reasonable effort to notify, if known, an interested family member of any proposed administrative action, as defined in RCW 34.05.010(3) and this chapter((; except as)). Exceptions are indicated in subsection (4) of this section.

(2) ((Timing of the notice.)) All notices ((shall)) of proposed administrative actions must be given in writing, in a manner which the resident understands at least thirty days before the ((effective date of the)) proposed administrative action((,)) will occur. Except, notice may be given ((less than thirty days in advance but)) as soon as ((practicable)) practical before a transfer or discharge when:

(a) The safety of individuals in the state veterans home would be endangered;

(b) The health of individuals in the state veterans home would be endangered;

(c) ((The resident's health improves sufficiently to allow a more immediate transfer or discharge; or

(d) When a facility resident is discharged pursuant to WAC 484-20-120 (2)(e).)) An immediate transfer or discharge is required by the resident's urgent medical needs; or

(d) A resident has not resided in the facility for thirty days.

(3) ((Contents of the notice.)) All written notices ((shall state)) must include:

(a) The reason for the proposed action;

(b) ((The reason for the action, to include a summary of the relevant facts and RCW and/or WAC authority for the proposed action;

(c))) The effective date of the proposed action;

(((d) A statement that the resident has the right to appeal the proposed action, including information on how to file for an appeal and how to contact client advocacy groups such as the state survey and certification agency or the state ombudsman program; and

(e) A statement that the proposed action shall be deferred pending resolution of the appeal, when the appeal is received by the superintendent on or before the date of the proposed action.))

(c) If the proposed action is a transfer or discharge, the location to which the resident is to be transferred or discharged;

(d) The name, address and telephone number of the state long-term care ombudsman.

(4) For Medicaid certified nursing facility residents notice of transfer or discharge is governed by WAC 388-97-270.

(5) For all transfers or discharges, staff must give sufficient preparation and orientation to residents to ensure a safe transfer or discharge from the state veterans home.

[Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. 94-22-050, 484-20-103, filed 10/31/94, effective 12/1/94.]

AMENDATORY SECTION (Amending WSR 94-22-050, filed 10/31/94, effective 12/1/94)

WAC 484-20-120 Transfer and discharge of state veterans home residents ((and denial of colony benefits)). (1) Transfer and discharge ((-- Medicaid certified nursing facility residents. Transfer and/or discharge of Medicaid certified nursing facility residents is governed by WAC 388-97-270.

(2) Transfer and discharge -- Facility residents. Residents of the facility may be transferred or discharged:

(a) At their own request;

(b) When the transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;

(c) When the transfer or discharge is appropriate because the resident's health has improved sufficiently so the resident no longer needs the services provided by the facility;

(d) The safety of individuals in the state veterans home is endangered;

(e) The health of individuals in the state veterans home would otherwise be endangered;

(f) The resident has failed, after reasonable and appropriate notice, to pay for a stay at the facility;

(g) When an initial order issued pursuant to WAC 484-20-105 becomes final;

(h) When a resident has been absent "against medical advice" for a period in excess of fourteen days; or

(i) If a facility resident strikes, threatens another person with bodily harm, or is found in possession of a dangerous weapon or illegal drugs. Confirmation of such actions may be cause for immediate discharge from the facility in accordance with RCW 34.05.479. In such circumstances notice pursuant to WAC 484-20-103 shall be given as soon as practicable.)) of state veterans home residents shall be in accordance with RCW 70.129.110. The state veterans home must not transfer or discharge a resident unless:

(a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;

(b) The safety of individuals in the facility is endangered;

(c) The health of individuals in the facility would otherwise be endangered;

(d) The resident has failed to make the required payment for his/her stay; or

(e) The facility ceases to operate.

(2) In addition, WAC 388-97-270 applies to the transfer and discharge of Medicaid certified facility residents.

(3) ((Denial of benefits -- Colony residents. Colony residents may be denied colony program benefits for any reason listed in subsection (2)(a) through (i) of this section as may be caused by refusal to comply with provisions of WAC 484-20-089.

(4) Notice of transfer, discharge or denial of colony benefits.)) Notice of any transfer((,)) or discharge ((or denial of colony benefits)) given ((pursuant to)) under the authority of this section ((shall)) must be given in accordance with WAC 484-20-103 and ((shall be)) is subject to the provisions of WAC 484-20-105.

[Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. 94-22-050, 484-20-120, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. 92-17-046, 484-20-120, filed 8/14/92, effective 9/14/92; 85-20-099 (Order 85-01), 484-20-120, filed 10/1/85; Order 7659, 484-20-120, filed 7/28/77.]

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