AN ACT Relating to nursing home auditing and cost reimbursement; creating new sections; repealing RCW 74.46.010, 74.46.020, 74.46.030, 74.46.040, 74.46.050, 74.46.060, 74.46.080, 74.46.090, 74.46.100, 74.46.105, 74.46.115, 74.46.130, 74.46.150, 74.46.160, 74.46.170, 74.46.180, 74.46.190, 74.46.200, 74.46.210 74.46.220, 74.46.230, 74.46.240, 74.46.250, 74.46.260, 74.46.270, 74.46.280, 74.46.290, 74.46.300, 74.46.310, 74.46.320, 74.46.330, 74.46.340, 74.46.350, 74.46.360, 74.46.370, 74.46.380, 74.46.390, 74.46.410, 74.46.420, 74.46.430, 74.46.440, 74.46.450, 74.46.460, 74.46.465, 74.46.470, 74.46.475, 74.46.481, 74.46.490, 74.46.495, 74.46.500, 74.46.510, 74.46.530, 74.46.540, 74.46.550, 74.46.560, 74.46.570, 74.46.580, 74.46.590, 74.46.600, 74.46.610, 74.46.620, 74.46.630, 74.46.640, 74.46.650, 74.46.660, 74.46.670, 74.46.680, 74.46.690, 74.46.700, 74.46.710, 74.46.720, 74.46.730, 74.46.740, 74.46.750, 74.46.760, 74.46.770, 74.46.780, 74.46.790, 74.46.800, 74.46.820, 74.46.840, 74.46.900, 74.46.901, 74.46.902, and 74.46.905; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that it has adopted a payment system for nursing home reimbursement in chapter 74.46 RCW that is reasonable and adequate to meet the costs of nursing homes that are economically and efficiently operated facilities. However, the legislature further finds that since the payment system created by that chapter is continually subject to litigation, the state is unable to make prudent decisions regarding those payments and patient care is sacrificed to pay unnecessary legal fees and administrative costs. The legislature further finds that the present payment system does not allow the state to quickly respond to the numerous legal challenges that frequently arise.

NEW SECTION. Sec. 2. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 177, Laws of 1980 and RCW 74.46.010;

(2) Section 2, chapter 177, Laws of 1980, section 1, chapter 117, Laws of 1982, section 16, chapter 361, Laws of 1985, section 6, chapter 476, Laws of 1987 and RCW 74.46.020;

(3) Section 3, chapter 177, Laws of 1980 and RCW 74.46.030;

(4) Section 4, chapter 177, Laws of 1980, section 1, chapter 67, Laws of 1983 1st ex. sess., section 4, chapter 361, Laws of 1985 and RCW 74.46.040;

(5) Section 5, chapter 177, Laws of 1980, section 5, chapter 361, Laws of 1985 and RCW 74.46.050;

(6) Section 6, chapter 177, Laws of 1980, section 2, chapter 67, Laws of 1983 1st ex. sess., section 6, chapter 361, Laws of 1985 and RCW 74.46.060;

(7) Section 8, chapter 177, Laws of 1980, section 3, chapter 67, Laws of 1983 1st ex. sess., section 7, chapter 361, Laws of 1985 and RCW 74.46.080;

(8) Section 9, chapter 177, Laws of 1980, section 8, chapter 361, Laws of 1985 and RCW 74.46.090;

(9) Section 10, chapter 177, Laws of 1980, section 4, chapter 67, Laws of 1983 1st ex. sess., section 9, chapter 361, Laws of 1985 and RCW 74.46.100;

(10) Section 5, chapter 67, Laws of 1983 1st ex. sess., section 10, chapter 361, Laws of 1985 and RCW 74.46.105;

(11) Section 6, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.115;

(12) Section 13, chapter 177, Laws of 1980, section 7, chapter 67, Laws of 1983 1st ex. sess., section 11, chapter 361, Laws of 1985 and RCW 74.46.130;

(13) Section 15, chapter 177, Laws of 1980, section 8, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.150;

(14) Section 16, chapter 177, Laws of 1980, section 9, chapter 67, Laws of 1983 1st ex. sess., section 12, chapter 361, Laws of 1985 and RCW 74.46.160;

(15) Section 17, chapter 177, Laws of 1980, section 10, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.170;

(16) Section 18, chapter 177, Laws of 1980, section 11, chapter 67, Laws of 1983 1st ex. sess., section 147, chapter 7, Laws of 1985, section 1, chapter 361, Laws of 1985, section 9, chapter 283, Laws of 1987, section 1, chapter 476, Laws of 1987 and RCW 74.46.180;

(17) Section 19, chapter 177, Laws of 1980, section 12, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.190;

(18) Section 20, chapter 177, Laws of 1980 and RCW 74.46.200;

(19) Section 21, chapter 177, Laws of 1980 and RCW 74.46.210;

(20) Section 22, chapter 177, Laws of 1980 and RCW 74.46.220;

(21) Section 23, chapter 177, Laws of 1980 and RCW 74.46.230;

(22) Section 24, chapter 177, Laws of 1980 and RCW 74.46.240;

(23) Section 25, chapter 177, Laws of 1980 and RCW 74.46.250;

(24) Section 26, chapter 177, Laws of 1980 and RCW 74.46.260;

(25) Section 27, chapter 177, Laws of 1980, section 13, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.270;

(26) Section 28, chapter 177, Laws of 1980 and RCW 74.46.280;

(27) Section 29, chapter 177, Laws 1980 and RCW 74.46.290;

(28) Section 30, chapter 177, Laws of 1980 and RCW 74.46.300;

(29) Section 31, chapter 177, Laws of 1980, section 16, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.310;

(30) Section 32, chapter 177, Laws of 1980 and RCW 74.46.320;

(31) Section 33, chapter 177, Laws of 1980 and RCW 74.46.330;

(32) Section 34, chapter 177, Laws of 1980 and RCW 74.46.340;

(33) Section 35, chapter 177, Laws of 1980 and RCW 74.46.350;

(34) Section 36, chapter 177, Laws of 1980, section 1, chapter 175, Laws of 1986 and RCW 74.46.360;

(35) Section 37, chapter 177, Laws of 1980 and RCW 74.46.370;

(36) Section 38, chapter 177, Laws of 1980 and RCW 74.46.380;

(37) Section 39, chapter 177, Laws of 1980 and RCW 74.46.390;

(38) Section 41, chapter 177, Laws of 1980, section 17, chapter 67, Laws of 1983 1st ex. sess., section 3, chapter 175, Laws of 1986 and RCW 74.46.410;

(39) Section 42, chapter 177, Laws of 1980, section 18, chapter 67, Laws of 1983 1st ex. sess., section 18, chapter 361, Laws of 1985 and RCW 74.46.420;

(40) Section 43, chapter 177, Laws of 1980, section 19, chapter 67, Laws of 1983 1st ex. sess., section 2, chapter 476, Laws of 1987, section 2, chapter 1, Laws of 1987 2nd ex. sess. and RCW 74.46.430;

(41) Section 44, chapter 177, Laws of 1980 and RCW 74.46.440;

(42) Section 45, chapter 177, Laws of 1980, section 20, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.450;

(43) Section 46, chapter 177, Laws of 1980, section 5, chapter 2, Laws of 1981 1st ex. sess., section 21, chapter 67, Laws of 1983 1st ex. sess., section 15, chapter 361, Laws of 1985, section 3, chapter 476, Laws of 1987 and RCW 74.46.460;

(44) Section 8, chapter 476, Laws of 1987 and RCW 74.46.465;

(45) Section 47, chapter 177, Laws of 1980, section 22, chapter 67, Laws of 1983 1st ex. sess., section 4, chapter 476, Laws of 1987 and RCW 74.46.470;

(46) Section 23, chapter 67, Laws of 1983 1st ex. sess., section 13, chapter 361, Laws of 1985 and RCW 74.46.475;

(47) Section 24, chapter 67, Laws of 1983 1st ex. sess., section 5, chapter 476, Laws of 1987 and RCW 74.46.481;

(48) Section 49, chapter 177, Laws of 1980, section 6, chapter 2, Laws of 1981 1st ex. sess., section 25, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.490;

(49) Section 26, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.495;

(50) Section 50, chapter 177, Laws of 1980 and RCW 74.46.500;

(51) Section 51, chapter 177, Laws of 1980 and RCW 74.46.510;

(52) Section 53, chapter 177, Laws of 1980, section 7, chapter 2, Laws of 1981 1st ex. sess., section 28, chapter 67, Laws of 1983 1st ex. sess., section 17, chapter 361, Laws of 1985 and RCW 74.46.530;

(53) Section 54, chapter 177, Laws of 1980 and RCW 74.46.540;

(54) Section 55, chapter 177, Laws of 1980, section 29, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.550;

(55) Section 56, chapter 177, Laws of 1980, section 30, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.560;

(56) Section 57, chapter 177, Laws of 1980, section 31, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.570;

(57) Section 58, chapter 177, Laws of 1980, section 32, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.580;

(58) Section 59, chapter 177, Laws of 1980 and RCW 74.46.590;

(59) Section 60, chapter 177, Laws of 1980 and RCW 74.46.600;

(60) Section 61, chapter 177, Laws of 1980, section 33, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.610;

(61) Section 62, chapter 177, Laws of 1980 and RCW 74.46.620;

(62) Section 63, chapter 177, Laws of 1980 and RCW 74.46.630;

(63) Section 64, chapter 177, Laws of 1980, section 34, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.640;

(64) Section 65, chapter 177, Laws of 1980 and RCW 74.46.650;

(65) Section 66, chapter 177, Laws of 1980 and RCW 74.46.660;

(66) Section 67, chapter 177, Laws of 1980, section 35, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.670;

(67) Section 68, chapter 177, Laws of 1980, section 2, chapter 361, Laws of 1985 and RCW 74.46.680;

(68) Section 69, chapter 177, Laws of 1980, section 36, chapter 67, Laws of 1983 1st ex. sess., section 3, chapter 361, Laws of 1985 and RCW 74.46.690;

(69) Section 70, chapter 177, Laws of 1980 and RCW 74.46.700;

(70) Section 71, chapter 177, Laws of 1980, section 37, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.710;

(71) Section 72, chapter 177, Laws of 1980, section 38, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.720;

(72) Section 73, chapter 177, Laws of 1980 and RCW 74.46.730;

(73) Section 74, chapter 177, Laws of 1980 and RCW 74.46.740;

(74) Section 75, chapter 177, Laws of 1980 and RCW 74.46.750;

(75) Section 76, chapter 177, Laws of 1980, section 149, chapter 7, Laws of 1985 and RCW 74.46.760;

(76) Section 77, chapter 177, Laws of 1980, section 39, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.770;

(77) Section 78, chapter 177, Laws of 1980, section 40, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.780;

(78) Section 79, chapter 177, Laws of 1980 and RCW 74.46.790;

(79) Section 80, chapter 177, Laws of 1980 and RCW 74.46.800;

(80) Section 82, chapter 177, Laws 1980, section 41, chapter 67, Laws of 1983 1st ex. sess., section 14, chapter 361, Laws of 1985 and RCW 74.46.820;

(81) Section 92, chapter 177, Laws of 1980, section 42, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.840;

(82) Section 93, chapter 177, Laws of 1980 and RCW 74.46.900;

(83) Section 94, chapter 177, Laws of 1980, section 10, chapter 2, Laws of 1981 1st ex. sess., section 49, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.901;

(84) Section 89, chapter 177, Laws of 1980 and RCW 74.46.902; and

(85) Section 43, chapter 67, Laws of 1983 1st ex. sess. and RCW 74.46.905.

NEW SECTION. Sec. 3. The department of social and health services is directed to create a plan for a new nursing home auditing and cost repayment system which will conform to federal requirements, which will address and correct the existing problems with and complaints regarding the present payment system created by chapter 74.46 RCW, and which will not cost more than the auditing and repayment system created by chapter 74.46 RCW. The department shall report the plan to the legislature before January 1, 1989.

NEW SECTION. Sec. 4. Section 2 of this act shall effect June 30, 1989.