Transfer and Discharge

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 transfer 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. 

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

  • 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 subject(s): 

  • 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  

Overview 

Rulemaking Milestone 

 

 

CR-101 Filed

04/04/2022

WSR 22-08-060 

CR-102 Filed 

 

 

CR-103 Filed 

 

 

CR-104 Filed 

 

 

CR-105 Filed 

 

 

Public Comment/Hearing 

 

 

 

 

 

 

 

 

 

 

 

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Other Resources

Status: 
In Progress
Program/Facility Type: 
NH