BILL REQ. #: H-1058.1
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/22/09. Referred to Committee on Health Care & Wellness.
AN ACT Relating to medicaid payment rates for boarding homes; and amending RCW 74.39A.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 74.39A.030 and 2002 c 3 s 10 are each amended to read
as follows:
(1) To the extent of available funding, the department shall expand
cost-effective options for home and community services for consumers
for whom the state participates in the cost of their care.
(2) In expanding home and community services, the department shall:
(a) Take full advantage of federal funding available under Title XVIII
and Title XIX of the federal social security act, including home
health, adult day care, waiver options, and state plan services; and
(b) be authorized to use funds available under its community options
program entry system waiver granted under section 1915(c) of the
federal social security act to expand the availability of in-home,
adult residential care, adult family homes, enhanced adult residential
care, and assisted living services. By June 30, 1997, the department
shall undertake to reduce the nursing home medicaid census by at least
one thousand six hundred by assisting individuals who would otherwise
require nursing facility services to obtain services of their choice,
including assisted living services, enhanced adult residential care,
and other home and community services. If a resident, or his or her
legal representative, objects to a discharge decision initiated by the
department, the resident shall not be discharged if the resident has
been assessed and determined to require nursing facility services. In
contracting with nursing homes and boarding homes for enhanced adult
residential care placements, the department shall not require, by
contract or through other means, structural modifications to existing
building construction.
(3)(a) The department shall by rule establish payment rates for
home and community services that support the provision of cost-effective care. In the event of any conflict between any such rule and
a collective bargaining agreement entered into under RCW 74.39A.270 and
74.39A.300, the collective bargaining agreement prevails.
(b) The department may authorize an enhanced adult residential care
rate for nursing homes that temporarily or permanently convert their
bed use for the purpose of providing enhanced adult residential care
under chapter 70.38 RCW, when the department determines that payment of
an enhanced rate is cost-effective and necessary to foster expansion of
contracted enhanced adult residential care services. As an incentive
for nursing homes to permanently convert a portion of its nursing home
bed capacity for the purpose of providing enhanced adult residential
care, the department may authorize a supplemental add-on to the
enhanced adult residential care rate.
(c) The department may authorize a supplemental assisted living
services rate for up to four years for facilities that convert from
nursing home use and do not retain rights to the converted nursing home
beds under chapter 70.38 RCW, if the department determines that payment
of a supplemental rate is cost-effective and necessary to foster
expansion of contracted assisted living services.
(4) Prior to implementing any upward or downward adjustment to the
daily medicaid payment rate for consumers that (a) are assessed using
the comprehensive assessment reporting evaluation tool and (b) reside
in boarding homes contracted to provide assisted living services, adult
residential care, or enhanced adult residential care services, the
department must convene at least one public hearing, with at least
thirty days notice to all boarding home providers, to inform boarding
home providers how the upward or downward adjustments were calculated
and to review all factors considered by the department in implementing
the adjustments.