BILL REQ. #:  H-5376.1 

READ FIRST TIME 02/05/08.   

     AN ACT Relating to protecting medicaid residents in boarding homes; and adding a new section to chapter 18.20 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 18.20 RCW to read as follows:
     (1)(a) In the case of a boarding home that voluntarily withdraws from participation in the state medicaid program for residential care and services but continues to provide services of the type provided by boarding homes:
     (i) The facility's voluntary withdrawal from participation is not an acceptable basis for the transfer or discharge of medicaid residents of the facility who were residing in the facility on the day before the effective date of the withdrawal or the transfer or discharge of residents who shall become entitled to medicaid assistance within one hundred eighty days of the date of withdrawal, providing that such residents have been in private pay status in the facility for at least two years prior to the date of withdrawal from the state medicaid program. The requirement to continue to serve residents described in this subsection shall be dependent on the continuation of the reimbursement rates described in the medicaid contract in place on the date when the facility voluntarily withdraws from the state medicaid program;
     (ii) The provisions of this section continue to apply to the residents of the facility until the date of their discharge from the facility; and
     (iii) In the case of each person who begins residence in the facility on or after the effective date of the facility's withdrawal from medicaid participation referenced in (a)(i) of this subsection, the facility shall provide notice orally and in a prominent manner in writing of the information described in subsection (2) of this section on a separate page before the person begins residence, and shall obtain from each person at that time a signed, written acknowledgement of receipt of the information, separate from other documents signed by the person.
     (b) Nothing in this subsection shall be construed as affecting any requirement that a boarding home provide advance notice to the department of its intention to voluntarily terminate the facility's medicaid contract with the department.
     (2) The following information must be provided to the persons described in subsection (1)(a)(iii) of this section:
     (a) The facility will not participate in the medicaid program with respect to that person; and
     (b) The facility may transfer or discharge that person from the facility if the person is unable to pay the charges of the facility, even if the person becomes eligible for medicaid assistance for boarding home services.
     (3) Notwithstanding any other provision of this section, with respect to the persons described in subsection (1)(a)(i) of this section, a medicaid contract between the department and a facility described in subsection (1) of this section is deemed to continue in effect under that agreement after the effective date of the facility's voluntary withdrawal from participation in the medicaid program for purposes of:
     (a) Receiving payments under the medicaid program for boarding home services provided to such persons;
     (b) Maintaining compliance with all requirements of the medicaid contract between the department and the facility; and
     (c) Continuing to apply the inspection, contracting, and enforcement authority provided under the department's contract, regulations, and law.
     (4) Except as provided in subsections (1)(a)(iii) and (2) of this section, this section shall not apply to a person who begins residence in a facility on or after the effective date of the facility's withdrawal from participation in the medicaid program for residential care and services.