February 2, 2024

Greetings! Thank you for supporting WHCA and thank you for taking time to read this update about our legislative work in Olympia. Please feel free to forward this information to your colleagues who share an interest in the legislative policy and budget work affecting skilled nursing, assisted living and enhanced services providers.

Your Work Matters: HB 1859 Dies in Committee The legislative process is marked with deadlines and timelines that determine whether a bill will continue to advance to the Governor’s desk to be signed into law. This week was the cutoff for a bill to move out of its initial committee.  HB 1859 was pulled from the agenda for executive action in the House Health Care Committee on Wednesday, and thus the bill is dead this session.   The bill required adoption of federal skilled nursing facility resident rights standards in Washington community-based long-term care settings including assisted living and enhanced services facilities. Providers shared compelling testimony to warn the Legislature that the bill had the potential to do more harm than good.   Your voices prevailed in this discussion, despite misleading and incorrect information offered by bill proponents. We believe there is much good news about Washington long-term care, and we appreciate that the Washington legislature was not swayed by sensational rhetoric that did little to inform this important conversation.   Here is what we think the public should know about long-term care services and supports in our state:  Washington is number 2 in the nation for LTC according to AARP. This is no surprise – Washington led the nation in developing home and community-based settings as an alternative to nursing home care. The state is experienced in providing oversight and support and has sophisticated regulatory oversight systems to support care delivery. This work has been going on for over 30 years.  Washington’s Residents Rights Statute, Chapter 70.129 RCW, is very specific, intentional, and detailed about ensuring people receive appropriate services in the right setting and that the safety of our residents is top priority. Skilled nursing facilities provide clinical and medical care like that of a hospital, they have different staffing, and are intentionally designed differently than community-based care settings. Our state law recognizes the difference.  Thank you again for your support in this effort. Every phone call, every email, every written and spoken testimony was important to this effort, and we could not be more thankful for your work.

Update on SNF Policy Bill – SB 5802  Legislation that will allow DSHS to implement the federal data set from the patient driven payment model to calculate patient acuity scores in rates setting is advancing in Olympia. SB 5802 has been scheduled for a public hearing tomorrow in the Senate Ways and Means Committee. We are heartened by the Legislature’s continued effort to move this policy bill forward. The measure is necessary if we are to continue to link payments to resident acuity so that resources are targeted to the most complex patients.

Independent Seniors Housing Subject of Legislative Measures Like many states, Washington’s population is aging, and consumers are increasingly relying on senior housing and support services as they age. And like many states, Washington is dealing with an affordable housing crisis that is garnering much attention from state and local policymakers. Washington law treats independent living residencies differently from assisted living care. Independent living residencies are considered “residential tenancies” under RCW 59.18, the Residential Landlord Tenant Act, and are legally treated like any other regular landlord/tenant relationship.  Washington’s legislature is considering two measures regarding a bill of rights for independent seniors. ESSB 5640 would create a work group to make recommendations for additional protections for seniors co-housed with assisted living residents. The bill passed the Senate floor and has been referred to the House Health Care Committee. The Legislature faces the challenge of determining how to extend appropriate oversight to independent living residences while considering the overlay of current regulations under the Landlord Tenant Act and potentially, HUD regulations regarding seniors housing. WHCA is called out as a stakeholder in ESSB 5640; we believe it will be important to inform this work for communities serving independent senior alongside assisted living residents. SHB 2275 would create baseline resident rights in independent senior housing facilities that serve people older than 55 who are not receiving long-term care services. The bill requires two studies – one from the Building Code Council on physical plant standards, and the other to consider creating an Office of Senior Housing to regulate seniors’ housing providers that do not deliver personal care services. We are monitoring the legislation, which has been referred to Senate Ways and Means.

Landlord Tenant Act Changes There are two other key measures in the legislature that would amend the Landlord Tenant Act, and that would apply to independent seniors. HB 2114 would limit fees and rent increases, provide additional notice requirements, and would create a cause of action for damages against landlords who violate certain provisions. Companion legislation, SB 5961, is also advancing. Independent seniors would be included in these bills.   We are monitoring these measures and are here to provide you with technical support if you would like to register your opinion with the legislature on these matters. As always, we are committed to our work on your behalf, and we rely on your thoughtful input and engagement. Please reach out with your questions.

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