January 12, 2024
Greetings!

There are 55 days left in the 2024 session, and the pace is already frenetic. Over 600 bills have been introduced this year-- the largest quantity ever in a single year-- and your WHCA team is working around the clock to watchdog on your behalf. The Legislature kicked off the session with a review of the Governor’s budget and public testimony on budget issues. Already, many key policy bills are being considered and several are scheduled for hearings—none more concerning to our members than HB 1859, which is scheduled next Friday in the House Health Care Committee.  
House Bill 1859 Drives Risk in Community-Based Care Settings 

We need you to express your opposition to HB 1859, which would impose federal nursing home residents' rights standards on Washington’s community-based care settings including assisted living, enhanced services facilities, and adult family homes. The bill disregards the fact that nursing homes are designed and staffed for 24/7 post-acute medical care and higher acuity personal care, whereas home and community settings are designed for wraparound personal care and are not a medical model. Under HB 1859, that does not matter.  
Among our many concerns with HB 1859, we take issue with its approach on discharge appeals. While we fully agree that residents should have clear and transparent appeal rights on a discharge, this bill creates a 90-day period to file an appeal on a discharge which is 60 days beyond current practice. This proposed law prolongs appropriate discharges for individuals who: 

  • Need medical or wound care beyond that provided in a home and community-based setting;  
  • Are a danger to themselves or others putting the general resident population and staff at risk; and/or 
  • Are no longer paying for services.  

Each time there is a change to a proposed discharge location, HB 1859 would reset the 90-day timeframe to appeal. It disregards the current practice where a potential safe location is identified but can change frequently because the resident has the right to refuse the identified location, or the location is no longer available. While the backers of HB 1859 express intent to “protect residents,” this bill applies harmful, time-intensive, and bureaucratic requirements that increase the risk of harm to the resident or others when a community setting is not equipped to handle the situation. These requirements will apply whether a provider is contracted for Medicaid services or not.  

It is imperative that the Health Care Committee understands this legislation is controversial and premature—and it takes one minute to weigh in to oppose the legislation. 
 
Please voice your opposition to HB 1859 now! We need your voice and time is of the essence! Our goal is for 100 assisted living professionals to sign-in opposed to HB1859 before Monday, January 15th. We also need as many individuals as possible- including providers, staff, and family members- to attend the hearing (virtually or in person) and to testify at the Healthcare and Wellness Committee meeting on Friday, January 19. 
 
We need your stories about real circumstances where a delay in discharge has been or could be a problem for the individual and others—including delayed discharges related to medical complexity and behavioral health issues. Our team is here to help you distill your story into short testimony of 1-2 minutes. The greater number of short stories we can put forward in the public hearing, the stronger our unified message. The sooner you sign up, the sooner WHCA’s staff can help in this process. Please email Eric Negomir today to share your experience(s). Eric stands by to support WHCA members in the preparation of written or virtual testimony—your voice is critical in this discussion.  
 
Contact Lauri St. Ours if you have questions about the legislation. 
2024 Supplemental Budget

The House Appropriations and Senate Ways and Means Committees held testimony on the Governor’s proposed supplemental budget. Our members were engaged and effective—seven providers provided compelling testimony that will help drive the message that Medicaid funding in assisted living is critically important.  

You can also register your support for funding here.  
Rent Control Legislation
 
HB 2114 / SB 5961 The House and Senate Housing Committees are both considering legislation to amend the Landlord Tenant Act to create additional rent controls, fee limits and notification requirements. This week, we provided a briefing from Lane Powell about the treatment of independent living under Washington law. This legislation would apply to agreements with those residents. This legislation would apply to independent living residents. We are monitoring the legislation, which is already garnering media attention.  
WHCA Government Relations Team

WHCA’s government relations team is dedicated to ensuring WHCA members are represented and that our priorities are communicated and advanced with the Legislature and policymakers. Our team is on the hill, connecting virtually and in person with legislators, and are proud to bring your issues to the forefront in key policy decisions impacting your critically important work. Know that we are all deeply invested in supporting your work.