February 27, 2023
Today is day 50 of the 105-day legislative session. With only 55 days left until the Legislature is scheduled to adjourn, our efforts to inform and influence legislators must intensify over the next month. The Senate will release a budget plan shortly after the March 20 State Revenue Forecast; the House budget will follow shortly after. Once these budgets are released, final negotiations between budget writers in both chambers will occur. 

Our window to influence the legislature is narrowing. Our most important focus for the coming weeks is to ensure that you and your teams are actively communicating with your legislators regarding the need for funding and policy support. You can send a message in less than two minutes.  

This budget matters.  
Budget writers have been meeting and negotiating over the state operating plan for 2023-25 for several weeks.  

On February 21, Robert Washbond of Stafford Care Center and I testified to support SB 5526, our priority skilled nursing facility legislation. We were joined by representatives from SEIU 775. There were 37 bills on the agenda for the hearing and we were limited in our comments.  

LeadingAge Washington and the Adult Family Home Council of Washington joined us in a coalition letter to Senate Ways and Means Committee members in support of funding.  

On Friday, we were officially notified that skilled nursing facility Medicaid funding will be part of the final budget negotiations, thus SB 5526 was relieved from consideration in the Senate Ways and Means Committee, and is designated “necessary to implement the budget.” In short, this means we won’t really be clear on the legislature’s intent regarding skilled nursing facility funding for several weeks. A steady and strong continuation of support for this bill is imperative to bring it forward when budget writers are deciding on final legislation and funding for the budget. Please continue to rally support with workers in your facility, and friends and family of our residents. The same is true for assisted living Medicaid funding and funding for enhanced services facilities. We must continue with steady and undeniable support for this funding and these services.  

We have worked for months to provide comprehensive and compelling data that demonstrates that current Medicaid funding levels are simply not adequate. Legislative champions have advanced funding recommendations in the form of budget provisos that drive legislative appropriations. In the case of enhanced services facilities, the proviso directs DSHS to permit hospitals access to this setting, particularly for difficult to discharge residents with behavioral and health care needs. The ESF proviso also requires DSHS to work with stakeholders to develop a payment methodology that reflects actual care costs. These efforts are critical to ensuring Washingtonians have access to health care.

Our consistent message is that Medicaid funding shortfalls are profoundly impacting access to health care for entire communities. Deeply discounted Medicaid rates make it impossible to compete against other business sectors for workers. Hospital bottlenecks occur because there are no available long term care beds for people who could be discharged.  

A bold investment in Medicaid funding is necessary this session—and we urge you to join us to communicate with your legislators about that need.  

Policy Roundup 
Several measures that impact long term care have met initial legislative deadlines by passing policy and fiscal committees. These bills have until March 8 to pass the originating chamber.  

  • HB 1431clarifying that meals furnished to tenants of senior living communities as part of their rental agreement are not subject to sales and use tax. As the bill title implies, this legislation clarifies that sales tax should not be assessed on senior meals. On February 16, the bill unanimously passed the House Finance Committee. The bill is in Rules, where it must be pulled to advance to a vote on the House floor. Here’s the McKnight’s story on the legislation. 

  • HB 1694addressing home care workforce shortages. This legislation is particularly important for assisted living providers employing home care aides. The legislation creates a new definition for “date of hire” so workers can return to home care aide jobs more readily. Additionally, the legislation aims to ensure home care aide applicants can be tested after formal training. Currently, there are significant barriers to timely testing. The legislation is in the House Rules Committee. 

  • SB 5499Concerning the multistate nurse licensure compact. This legislation enters Washington into the Nurse Licensure Compact. Starting in September 2023, employers are required to report, within 30 days, the employment of nurses that hold a multistate license issued in a state other than Washington. The legislation is in the Senate Rules Committee.  

  • SB 5547concerning nursing pool transparency. This legislation is intended to create standards for nursing pools that contract with health care providers. The bill requires nursing pool operators to register with the Department of Health annually, and to provide annual reports regarding charges, labor costs, and placements. The bill is in the Senate Rules Committee. 

  • SB 5582reducing barriers and expanding educational opportunities to increase the supply of nurses in Washington. This legislation directs the State Board for Technical and Community Colleges to develop a plan to increase credentialing opportunities in nursing, including the development of an online nursing program. The bill has passed to the Rules Committee. 

Your advocacy—and the advocacy of your communities—is essential. 
One of the most important factors that influences whether a bill (or a budget matter) will be advanced by the Legislature is the significance of the matter to the public. When legislators understand that issues have great community impact and importance, they are influenced to act.  

We have worked to make this a foolproof activity. Hopefully, you have already made it a priority to send a message to your legislators related to the need for funding.  

You can also work with your employees, families, and other community members to ask for their support. This advocacy toolkit is designed to make it easy for you to engage others in supporting this important effort. Specifically, you can use this handout to encourage others to email their legislators seeking funding support for our long term care settings. 

Resources