SENATE BILL REPORT
SHB 3204
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As of February 22, 2008
Title: An act relating to protecting medicaid residents in boarding homes.
Brief Description: Establishing requirements for boarding homes that withdraw from medicaid participation.
Sponsors: House Committee on Health Care & Wellness (originally sponsored by Representatives Morrell, Campbell and Green).
Brief History: Passed House: 2/13/08, 95-0.
Committee Activity: Health & Long-Term Care: 2/25/08.
SENATE COMMITTEE ON HEALTH & LONG-TERM CARE
Staff: Rhoda Donkin (786-7465)
Background: Under federal law, nursing homes that voluntarily withdraw from the Medicaid
program are prohibited from discharging residents who are residing in the facility on the day
before the effective date of withdrawal. The law applied to residents currently receiving Medicaid
benefits, as well as those who are residents but not yet Medicaid eligible.
Boarding homes with Medicaid assisted living contracts are required to provide reasonable
accommodation before discharging or transferring residents. However, there is concern that some
boarding homes are voluntarily withdrawing from the state's Medicaid program and in doing so,
discharging Medicaid residents from their facilities.
Summary of Bill: A boarding home's voluntary withdrawal from the Medicaid program is not
an acceptable basis for the transfer or discharge of persons receiving Medicaid services in the
boarding home on the day before the effective date of the withdrawal. Further, boarding homes
are prohibited from discharging or transferring patients who have been residing at the facilities
for at least two years and would have become eligible for Medicaid within 180 days of the date
of withdrawal.
Boarding homes are required to notify residents who enter the boarding home after the boarding
home has withdrawn from Medicaid that they may be transferred or discharged if they become
eligible for Medicaid. Notification must be oral and in writing and acknowledgment of receipt
of this notice is required.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.