BILL REQ. #:  S-5169.3 

READ FIRST TIME 02/12/08.   

     AN ACT Relating to discharge of long-term care residents; adding a new section to chapter 18.20 RCW; and declaring an emergency.

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 boarding home's voluntary withdrawal from participation in the medicaid program for residential care and services, while continuing to provide services of the type provided by boarding homes, is not an acceptable basis for the transfer or discharge of medicaid-eligible persons who were residing in the boarding home on the day before the effective date of the withdrawal.
     (2)(a) A boarding home that voluntarily withdraws from participation in the medicaid program for residential care and services must provide notice to any person who begins residence in the boarding home on or after the effective date of the medicaid withdrawal that:
     (i) The boarding home will not participate in the medicaid program with respect to that person; and
     (ii) The boarding home may transfer or discharge the person, following notice, 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 while residing at the boarding home.
     (b) The boarding home shall provide notice orally and in writing in a prominent manner on a separate page before the person begins residence, and must obtain the person's signed, written acknowledgement of receipt of the information.
     (c) 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.
     (3) Notwithstanding any other provision of this section, a medicaid contract between the department and a boarding home is deemed to continue in effect 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 persons who were residing in the boarding home on the day before the effective date of the withdrawal;
     (b) Maintaining compliance with all requirements of the medicaid contract between the department and the facility; and
     (c) Continuing to apply the oversight and enforcement authority provided under the department's contract, regulations, and the law.

NEW SECTION.  Sec. 2   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.