Effective Date of Rule: October 21, 2011.

     Purpose: The department is extending emergency rules (previously filed as WSR 11-14-012) for sections of chapter 388-97 WAC to comply with and be consistent with section 401 of ESHB 1277, Oversight of licensed or certified long-term care settings for vulnerable adults. Section 401 of this new law requires that nursing home license fees be set in the State Omnibus Appropriations Act. It also requires that the license must be issued only to the person who applied for the license and provides details on the expiration date of a license. The law directs that the effective date of these changes is July 1, 2011. The department has taken these steps to adopt the emergency rules as permanent rules: The department has filed an initial public notice (CR-101), WSR 11-13-093 on June 20, 2011. The department has shared drafts of the proposed rules with stakeholders. The department has filed a proposed rule notice (CR-102), WSR 11-17-070 on August 16, 2011, with a public hearing date of October 11, 2011. However, the department needs to file an emergency extension since the permanent rules will not be in effect in time.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-97-4160, 388-97-4180, and 388-97-4280.

     Statutory Authority for Adoption: Chapters 18.51 and 74.42 RCW.

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: The legislature has passed ESHB 1277 which requires the license fee to be set in the State Omnibus Appropriations Act. It also requires that the license must be issued only to the person who applied for the license and provides details on the expiration date of a license. The effective date of this change is July 1, 2011. This does not allow the department enough time to adopt rules through the regular rule adoption process.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 3, 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 3, Repealed 0.

     Date Adopted: October 6, 2011.

Katherine I. Vasquez

Rules Coordinator

     (a) Submitted at least sixty days prior to the proposed effective date of the license on forms designated by the department;

     (b) Signed by the proposed licensee or the proposed licensee's authorized representative;

     (c) Notarized; and

     (d) Reviewed by the department in accordance with this chapter.

     (2) All information requested on the license application must be provided. At minimum, the nursing home license application will require the following information:

     (a) The name and address of the proposed licensee, and any partner, officer, director, managerial employee, or owner of five percent or more of the proposed licensee;

     (b) The names of the administrator, director of nursing services, and, if applicable, the management company;

     (c) The specific location and the mailing address of the facility for which a license is sought;

     (d) The number of beds to be licensed; and

     (e) The name and address of all nursing homes that the proposed licensee or any partner, officer, director, managerial employee, or owner of five percent or more of the proposed licensee has been affiliated with in the past ten years.

     (3) The proposed licensee must be:

     (a) The individual or entity responsible for the daily operation of the nursing home;

     (b) Denied the license if any individual or entity named in the application is found by the department to be unqualified.

     (4) For initial licensure of a new nursing home, the proposed licensee must submit the annual license fee with the initial license application. ((The nonrefundable nursing home license fee is three hundred twenty seven dollars per bed per year)) The per bed license fee is established in the omnibus appropriations act and any amendment or additions made to that act.

     (5) If any information submitted in the initial license application changes before the license is issued, the proposed licensee must submit a revised application containing the changed information.

     (6) If a license application is pending for more than six months, the proposed licensee must submit a revised application containing current information about the proposed licensee or any other individuals or entities named in the application.

     (7) A license may not exceed twelve months in duration and expires on a date set by the department.

     (8) A license must be issued only to the person who applied for the license.

[Statutory Authority: RCW 18.51.050, 43.135.055, and 2010 c 37 § 206 (19)(a). 10-21-037, § 388-97-4160, filed 10/12/10, effective 10/29/10. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. 08-20-062, § 388-97-4160, filed 9/24/08, effective 11/1/08.]

     (2) License renewals must be:

     (a) Submitted at least thirty days prior to the license's expiration date on forms designated by the department;

     (b) Signed by the current licensee; and

     (c) Reviewed by the department in accordance with this chapter.

     (3) The current licensee must provide all information on the license renewal form or other information requested by the department.

     (4) The application for a nursing home license renewal must be made by the individual or entity currently licensed and responsible for the daily operation of the nursing home.

     (5) The nursing home license renewal fee must be submitted at the time of renewal. ((The nonrefundable nursing home license renewal fee is three hundred twenty seven dollars per bed per year)) The per bed license fee is established in the omnibus appropriations act and any amendment or additions made to that act.

     (6) In unusual circumstances, the department may issue an interim nursing home license for a period not to exceed three months. The current licensee must submit the prorated nursing home license fee for the period covered by the interim license. The annual date of license renewal does not change when an interim license is issued.

     (7) A change of nursing home ownership does not change the date of license renewal and fee payment.

[Statutory Authority: RCW 18.51.050, 43.135.055, and 2010 c 37 § 206 (19)(a). 10-21-037, § 388-97-4180, filed 10/12/10, effective 10/29/10. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. 08-20-062, § 388-97-4180, filed 9/24/08, effective 11/1/08.]

     (a) The form of legal organization of the licensee is changed (e.g., a sole proprietor forms a partnership or corporation);

     (b) The licensee transfers ownership of the nursing home business enterprise to another party regardless of whether ownership of some or all of the real property and/or personal property assets of the facility is also transferred;

     (c) Dissolution or consolidation of the entity;

     (d) Merger unless the licensee survives the merger and there is not a change in control of the licensee;

     (e) If, during any continuous twenty-four month period, fifty percent or more of the entity is transferred, whether by a single transaction or multiple transactions, to:

     (i) A different party (e.g., new or former shareholders); or

     (ii) An individual or entity that had less than a five percent ownership interest in the nursing home at the time of the first transaction; or

     (f) Any other event or combination of events that the department determines results in a:

     (i) Substitution, elimination, or withdrawal of the licensee; or

     (ii) Substitution of control of the licensee responsible for the daily operational decisions of the nursing home.

     (2) Ownership does not change when the following, without more, occur:

     (a) A party contracts with the licensee to manage the nursing home enterprise in accordance with the requirements of WAC 388-97-4260; or

     (b) The real property or personal property assets of the nursing home are sold or leased, or a lease of the real property or personal property assets is terminated, as long as there is not a substitution or substitution of control of the licensee.

     (3) When a change of ownership is contemplated, the current licensee must notify the department and all residents and their representatives at least sixty days prior to the proposed date of transfer. The notice must be in writing and contain the following information as specified in RCW 18.51.530:

     (a) Name of the proposed licensee;

     (b) Name of the managing entity;

     (c) Names, addresses, and telephone numbers of department personnel to whom comments regarding the change may be directed;

     (d) Names of all officers and the registered agent in the state of Washington if proposed licensee is a corporation; and

     (e) Names of all general partners if proposed licensee is a partnership.

     (4) The proposed licensee must comply with license application requirements. The operation or ownership of a nursing home must not be transferred until the proposed licensee has been issued a license to operate the nursing home.

     (5) In the event of a change of ownership, the previously established license expiration date must not change.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. 08-20-062, § 388-97-4280, filed 9/24/08, effective 11/1/08.]

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