WSR 22-06-042
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed February 24, 2022, 9:45 a.m., effective February 24, 2022, 9:45 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Because of the ongoing COVID-19 public health emergency, on January 18, 2022, home and community services (HCS) temporarily suspended conducting ongoing assessments for HCS clients living in adult family homes, assisted living facilities, and enhanced services facilities. The intent of this suspension is to allow HCS staff to focus on conducting assessments for patients staying in hospitals, which will facilitate their discharge to long-term care facilities and improve the current surge capacity in hospitals. This emergency rule suspends the regulatory requirement for these facilities to complete assessments for HCS clients while the HCS assessors are not available. The Centers for Medicare and Medicaid Services approved this flexibility for medicaid beneficiaries needing specific long-term care services and supports whose assessments meet the requirements under 42 C.F.R. 441.720. The emergency rule will be effective retroactively to match the suspension effective date by HCS.
Citation of Rules Affected by this Order: WAC 388-76-10350, 388-78A-2100, and 388-107-0080.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Many hospitals in this state are currently at or over capacity, leading them to redirect patients who are needing emergency care and delaying procedures that are necessary but nonemergent. This puts the health of all residents of Washington at risk if they are not able to get the care they need at their local hospital. By temporarily suspending assessment requirements for residents living in adult family homes, assisted living facilities, and enhanced services facilities, HCS can focus personnel resources on assessing patients in hospitals, which will speed admissions to long-term care facilities and increase the bed availability in hospitals.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 3, 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 3, Repealed 0.
Date Adopted: February 24, 2022.
Katherine I. Vasquez
Rules Coordinator
SHS-4914.2
AMENDATORY SECTION(Amending WSR 07-21-080, filed 10/16/07, effective 1/1/08)
WAC 388-76-10350Assessment—Updates required.
The adult family home must ensure each resident's assessment is reviewed and updated to document the resident's ongoing needs and preferences as follows:
(1) When there is a significant change in the resident's physical or mental condition;
(2) When the resident's negotiated care plan no longer reflects the resident's current status, needs, and preferences;
(3) At the resident's request or at the request of the resident's representative; or
(4) At least every ((twelve))12 months, except beginning January 18, 2022, assessments for residents whose care is state funded may be extended an additional 12 months during the COVID-19 public health emergency.
AMENDATORY SECTION(Amending WSR 13-13-063, filed 6/18/13, effective 7/19/13)
WAC 388-78A-2100On-going assessments.
The assisted living facility must:
(1) Complete a full assessment addressing the elements set forth in WAC 388-78A-2090 for each resident at least annually, except beginning January 18, 2022, assessments for residents whose care is state funded may be extended an additional 12 months during the COVID-19 public health emergency;
(2) Complete an assessment specifically focused on a resident's identified problems and related issues:
(a) Consistent with the resident's change of condition as specified in WAC 388-78A-2120;
(b) When the resident's negotiated service agreement no longer addresses the resident's current needs and preferences;
(c) When the resident has an injury requiring the intervention of a practitioner.
(3) Ensure the staff person performing the on-going assessments is qualified to perform them.
AMENDATORY SECTION(Amending WSR 16-14-078, filed 7/1/16, effective 8/1/16)
WAC 388-107-0080Ongoing comprehensive assessments.
The enhanced services facility must:
(1) Complete a comprehensive assessment, addressing the elements set forth in WAC 388-107-0070((,))on the following timelines:
(a) Upon a significant change in the resident's condition; or
(b)((or))At least every 180 days if there is no significant change in condition, except beginning January 18, 2022, assessments for residents whose care is state funded may be extended an additional 12 months during the COVID-19 public health emergency.
(2) Complete an assessment specifically focused on a resident's identified strengths, preferences, limitations, and related issues:
(a) Consistent with the resident's change of condition as specified in WAC 388-107-0060;
(b) When the resident's person-centered service plan no longer addresses the resident's current needs and preferences; and
(c) When the resident has an injury requiring the intervention of a practitioner((;)).
(3) Review each resident's needs to evaluate discharge or transfer options when the resident:
(a) No longer needs the level of behavioral support provided by the facility; or
(b) Expresses the desire to move to a different type of community based setting((;)).
(4) Ensure that the person-centered service planning team discusses all available placement options; and
(5) Ensure the staff person performing the ongoing assessments is a qualified assessor.