SENATE BILL REPORT
SB 6101
As of January 18, 2024
Title: An act relating to establishing a regulatory structure for licensed acute care hospitals to provide hospital at-home services.
Brief Description: Concerning hospital at-home services.
Sponsors: Senators Cleveland, Rivers, Hasegawa, Kuderer, Randall, Robinson, Salomon, Van De Wege and Wellman.
Brief History:
Committee Activity: Health & Long Term Care: 1/18/24.
Brief Summary of Bill
  • Establishes a regulatory structure for licensed acute care hospitals to provide hospital at-home services.
SENATE COMMITTEE ON HEALTH & LONG TERM CARE
Staff: Julie Tran (786-7283)
Background:

In March 2020 the federal Centers for Medicare and Medicaid (CMS) announced the Hospital Without Walls initiative, which provided broad regulatory flexibility that allowed hospitals to provide services in locations beyond their existing walls.  In an effort to expand on the initiative CMS established the Acute Hospital Care at Home which  provided eligible hospitals with regulatory flexibilities to treat eligible patients in their home. Under this program patients with certain acute conditions may be treated appropriately and safely in home settings with proper monitoring and treatment protocols in place. The acute conditions include: asthma, congestive heart failure, pneumonia, and chronic obstructive pulmonary disease care.


CMS required participating hospitals to have appropriate screening protocols before care at home begins and those include assessing both medical and non-medical factors such as working utilities, assessment of physical barriers and screenings for domestic violence concerns. Program patients must only be admitted from emergency departments and inpatient hospital beds and an in-person physician evaluation is required prior to starting care at home.


According to CMS, the program clearly differentiates the delivery of acute hospital care at home from more traditional home health services. While home health care provides important skilled nursing and other skilled care services, Acute Hospital Care at Home is for beneficiaries who require acute inpatient admission to a hospital and who require at least daily rounding by a physician and a medical team monitoring their care needs on an ongoing basis.


In December 2022 the federal government funded the Acute Hospital Care at Home individual waiver that was initiated during the federal public health emergency for Fiscal Year 2023.


In Washington State, the following hospitals have secured a federal waiver from CMS to provide hospital at-home services:

  • MultiCare Tacoma General Hospital;
  • MultiCare Good Samaritan Hospital;
  • Providence St. Peter's Hospital;
  • St. Joseph's Medical Center; and
  • Virginia Mason Franciscan Health System: St. Francis Medical Center; St. Anne Medical Center; St. Clare Medical Center; St. Anthony Medical Center; St. Michael Medical Center; and Virginia Mason Medical Center.
Summary of Bill:

Hospital at-home services means acute care services provided by a licensed acute care hospital to a patient outside of the hospital's licensed facility and within a home or any location determined by the patient receiving the service.


Department of Health (DOH) is required to adopt rules by December 31, 2025, to add hospital at-home services to those services that may be provided by a licensed acute care hospital. DOH must establish standards for the operation of the Hospital at-home program that must be substantially similar to the federal program's provisions including: environment of care requirements; admission, transfer, discharge, and referral processes; inclusion and exclusion criteria; geographic criteria; and data reporting requirements.


The standards must not include requirements that would preclude a hospital from complying with the requirements of the federal program.


Hospitals are allowed to provide hospital at-home services if the hospital has secured a federal program waiver prior to DOH adopting rules for a state hospital at-home services program. Hospitals that have secured a federal program waiver and intend to operate hospital at-home services are required to notify DOH within 30 days of the bill's effective date.


After DOH has completed rulemaking to add hospital at-home services to the services that licensed acute care hospitals may provide, hospitals may apply to DOH for approval to provide those services. The hospitals that have secured a federal program waiver prior to the adoption of rules by DOH may provide hospital at-home services while applying for DOH's approval.


DOH is required to approval a hospital to provide hospital at-home services if the hospital's application is consistent with the standards established by DOH.


DOH may set a one-time application fee by rule. The charged fees must not exceed the actual cost of staff time to review the application. The administration of the hospital at-home program must be covered by existing licensing fees.


Hospital at-home services do not count as an increase in the number of the hospital's licensed beds and are not subject to the certificate of need requirements. Hospital at-home services are not subject to the certificate of need review.  Hospital at-home services provided by a licensed acute care hospital are not subject to regulations under home health care or hospice care, or in-home services agencies.


Federal program refers to the Acute Hospital Care at Home program that was establish by CMS.

Appropriation: None.
Fiscal Note: Requested on January 9, 2024.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: The bill contains an emergency clause and takes effect immediately.