SENATE BILL REPORT
SB 6944
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 11, 2008
Title: An act relating to discharge of long-term care residents.
Brief Description: Restricting long-term care facilities.
Sponsors: Senators Kastama, Keiser, Fairley and Kohl-Welles.
Brief History:
Committee Activity: Ways & Means: 2/12/08.
SENATE COMMITTEE ON WAYS & MEANS
Staff: Chelsea Buchanan & Rhoda Donkin (786-7465)
Background: Under current law, long-term care facilities may not discharge or transfer residents
unless one or more of the following conditions exist: the action is necessary for the resident's
welfare; the facility cannot meet the resident's needs; the safety of the resident or other residents
are endangered; the resident has failed to make the required payment; or the facility has ceased
to operate. Before a discharge or transfer occurs, the facility is required to make a reasonable
accommodation to avoid the discharge, and must also appropriately notify the affected
individuals.
Under federal law, nursing homes that voluntarily withdraw from the Medicaid program, are
prohibited from discharging residents who are residing in the facility of the day before the
effective date of the withdrawal. The law applies to residents currently receiving Medicaid
benefits, as well as those who are residents but not yet dependent on Medicaid.
Boarding homes with Medicaid assisted living contracts are also required to provide reasonable
accommodation before discharging or transferring residents. However, there is concern that some
boarding homes are voluntarily withdrawing from 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 who are Medicaid eligible and have
been residing in the boarding home on the day before the effective date of the withdrawal.
This is identical to the recommended substitute SB 6807 considered by the Senate Health &
Long-Term Care Committee.
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.