Memorialization of Emergency Rules

PASSR Emergency Rules:

The Department of Social and Health Services (DSHS), Aging and Long-Term Support Administration (ALTSA), is considering amending WAC 388-97-0920 Participation in resident and family groups, 388-97-1915 Preadmission Screening and Resident Review (PASRR) requirements prior to admission of new residents, 388-97-1975 PASRR requirements after admission of a resident; and other related rules as may be necessary to codify the timeline for emergency rules in place due to the COVID-19 public emergency. The department is proposing to adopt rules to identify the requirements in place during the COVID-19 pandemic in Washington state. The purpose of the rule change is to ensure consistent implementation and enforcement of rule requirements in effect during the COVID-19 pandemic in Washington state. This rulemaking will provide clarity for regulated facilities and department inspection and investigation staff related to requirements in place during the COVID-19 pandemic.

Transfer and Discharge Emergency Rules:

The department is considering amending WAC 388-97-0120, Individual transfer and discharge rights and procedures; WAC 388-97-0140, Transfer and discharge appeals for residents in Medicare or Medicaid certified facilities; and other related rules as may be necessary to assure nursing homes are able to rapidly transfer and discharge residents for grouping of COVID-19 positive residents in one facility or grouping asymptomatic residents together. This helps expedite infection control processes and maximize the availability of nursing home beds. The department is amending WAC 388-97-0120 and 388-97-0140 to waive and suspend the requirement for nursing homes to suspend certain transfers and discharges pending the outcome of a resident appeal of the nursing home transfer or discharge decision. The COVID-19 pandemic continues to require more rapid transfers and discharges than the rule permits. The rule in place by emergency waives the requirement for nursing homes to suspend certain transfers and discharges pending the outcome of a resident appeal hearing and improves resident safety by allowing faster grouping of COVID-19 positive residents in one facility or grouping of asymptomatic residents together.

The status of this rulemaking project is in progress.

DSHS is conducting rulemaking which may amend the following WAC chapters for PASSR:

• Chapter WAC 388-97-0920, Participation in resident and family groups
• Chapter WAC 388-97-1915, Preadmission screening and resident review (PASRR) requirements prior to admission of new residents
• Chapter WAC 388-97-1975, PASRR requirements after admission of a resident

DSHS is conducting rulemaking which may amend the following WAC chapters for Transfer & Discharge:

• Chapter WAC 388-97-0120, Individual transfer and discharge rights and procedures
• Chapter WAC 388-97-0140, Transfer and discharge appeals for residents in Medicare or Medicaid certified facilities

This Nursing Home rulemaking project will address the following subjects:

• Establish timeframe when the portions of the rules were suspended during the COVID-19 pandemic, nursing homes were not required to comply with the suspended portions of the rules.
• Memorialize 103E filings during pandemic
• Waiving and suspending the requirement for nursing homes to suspend certain transfers and discharges pending the outcome of a resident appeal of the nursing home transfer or discharge decision.
• Procedure of discharge rights and transfer

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