S-3026.4 _______________________________________________
SENATE BILL 6088
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Senator Sellar
Read first time 01/15/92. Referred to Committee on Health & Long‑Term Care.
AN ACT Relating to prohibiting discrimination based on source of payment for nursing home services; and amending RCW 74.42.055.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 74.42.055 and 1987 c 476 s 30 are each amended to read as follows:
(1) The purpose of this section is to prohibit discrimination against:
(a)
Medicaid recipients by nursing homes ((which)) that have
contracted with the department to provide skilled or intermediate nursing care
services to medicaid recipients; and
(b) Any nursing home patients based on the patient's source of payment.
(2) It shall be unlawful for any nursing home which has a medicaid contract with the department:
(a) To require, as a condition of admission, assurance from the patient or any other person that the patient is not eligible for or will not apply for medicaid or for any other financial aid;
(b) To deny or delay admission or readmission of a person to a nursing home because of his or her status as a medicaid recipient or because of the source of payment for nursing home services;
(c) To transfer a patient, except from a private room to another room within the nursing home, because of his or her status as a medicaid recipient or because of the source of payment for nursing home services;
(d) To transfer a patient to another nursing home because of his or her status as a medicaid recipient or because of the source of payment for nursing home services;
(e) To fail to provide services or to provide inadequate services required or authorized under this chapter to patients solely because of the source of payment for nursing home services;
(f) To discharge a patient from a nursing home because of his or her status as a medicaid recipient or because of the source of payment for nursing home services; or
(((f)))
(g) To charge medicaid patients any amounts in excess of the
medicaid rate from the date of eligibility, except for any supplementation
permitted by the department pursuant to RCW 18.51.070.
(3)
Any nursing home ((which)) that has a medicaid contract with the
department shall maintain one list of names of persons seeking admission to the
facility, which is ordered by the date of request for admission. This
information shall be retained for one year from the month admission was
requested.
(4) The department may assess monetary penalties of a civil nature, not to exceed three thousand dollars for each violation of this section.
(5)
Because it is a matter of great public importance to protect senior citizens ((who
need medicaid services)) from discriminatory treatment in obtaining long-term
health care, any violation of this section shall be construed for purposes of
the application of the consumer protection act, chapter 19.86 RCW, to
constitute an unfair or deceptive act or practice or unfair method of
competition in the conduct of trade or commerce.
(6) It is not an act of discrimination under this chapter to refuse to admit a patient if admitting that patient would prevent the needs of the other patients residing in that facility from being met at that facility.