January 19, 2024
Greetings!

The Legislature is concluding the second of an eight-week legislative session today. While last week our work focused on responding to the Governor’s supplemental budget proposal in the House Appropriations and Senate Ways and Means Committees, this week we focused on policy measures for our members.
Residents Rights Bill Overshoots the Mark – PSHB 1859

Today, PSHB 1859 was subject to public hearing in the House Health Care and Wellness Committee. The bill was last on the agenda, and time ran out on testimony in this hearing, and will be continued next Tuesday where an amendment has been promised by the bill’s prime sponsor. We have yet to see the proposal but understand the intent is to focus on discharge appeal rights. We will keep you apprised.
 
The bill that was considered today would adopt skilled nursing facility federal regulations in Washington’s community-based care settings, including assisted living, adult family home, and enhanced services facilities. We oppose this misguided legislation, including the proposed substitute that was subject to public hearing today. Over 2700 people weighed in on the highly controversial legislation before the hearing. We have worked all week with our colleagues from the Adult Family Home Council and LeadingAge Washington to help educate committee members about the problems with this bill. Here is our joint letter to committee chair Representative Marcus Riccelli (D-3) and bill sponsor Rep. Tarra Simmons detailing our issues with the proposed substitute. This bill would fundamentally alter the nature and operation of assisted living by mandating providers exceed their scope of services beyond reasonable accommodation. See our review of the current law that spells out the legal intent for assisted living and adult family homes.
 
We also provided case studies on difficult to discharge residents to help policy makers understand that it is critical to have a timely process for managing such discharges. Bill proponents, including the LTC Ombuds and AARP, are driving additional requirements for providers without recommendations for resources and support for these untenable requirements. Why does this matter? Under PSHB 1859, individuals issued a discharge notice would have 90 days to appeal—regardless of the issue, and irrespective of payment.

Here are details about the legislation.

Please, reach out to your own House members to register opposition to PSHB 1859. Your voice is needed. Click here to send a message to your two representatives to tell them you oppose this bad policy. Our goal is to engage 1000 providers in this effort by mid-week next week—please ask your colleagues to join you in reaching out. Here’s a flyer you can use with staff.

Below is the link to today’s public hearing on the bill. It is urgent that you weigh in on the legislation.
SNF PDPM Implementation– SB 5802

On Tuesday, the Senate Health and LTC Committee held a public hearing on SB 5802, legislation to permit DSHS the flexibility to implement the new CMS data set for the patient driven payment model. Washington’s current statute specifically calls out the use of RUGs data for establishing direct care reimbursement, but CMS discontinued its use in October 2023. Senator Ron Muzzall (R-10) is prime sponsor of the DSHS-request legislation. We want to thank Senator Muzzall for championing this important measure, which will provide DSHS with the flexibility to update the federal data source used to determine resident acuity.

In Washington, the Medicaid payment system expressly links payments to resident acuity so that resources are provided for those with greater care needs. We urged the Senate Health and LTC Committee members to pass the legislation and warned that acuity should remain linked to payment to incentive care for complex patients. The bill was scheduled for a vote in executive session yesterday, but the public hearing ran long, and executive session was deferred. Thanks to all who signed up to support the bill.

Please send an email to your own legislators in support of this important policy measure.
We Are Your Voice in Olympia

The WHCA team is serious about our work with the Legislature and is focused on advocating for our members. If you’d like to learn more about how you can join our community of advocates, please reach out to Eric Negomir. If you have questions about policy or priorities, reach out to Lauri St. Ours.