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74.42.010
Definitions.(Effective until June 30, 2027.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of social and health services and the department's employees. (2) "Direct care staff" means the staffing domain identified and defined in the center[s] for medicare and med...
74.42.020
Minimum standards.
The standards in RCW 74.42.030 through 74.42.570 are the minimum standards for facilities licensed under chapter 18.51 RCW: PROVIDED, HOWEVER, That RCW 74.42.040 , 74.42.140 through 74.42.280 , 74.42.300 , 74.42.360 , 74.42.370 , 74.42.380 , 74.42.420 (2), (4), (5), (6) and (7), 74.42.430 (3), 74.42.450 (2) and (3), 74...
74.42.030
Resident to receive statement of rights, rules, services, and charges.
Each resident or guardian or legal representative, if any, shall be fully informed and receive in writing, in a language the resident or his or her representative understands, the following information: (1) The resident's rights and responsibilities in the facility; (2) Rules governing resident conduct; (3) Services, i...
74.42.040
Resident's rights regarding medical condition, care, and treatment.
The facility shall insure that each resident and guardian, if any: (1) Is fully informed by a physician about his or her health and medical condition unless the physician decides that informing the resident is medically contraindicated and the physician documents this decision in the resident's record; (2) Has the oppo...
74.42.050
Residents to be treated with consideration, respect—Complaints.
(1) Residents shall be treated with consideration, respect, and full recognition of their dignity and individuality. Residents shall be encouraged and assisted in the exercise of their rights as residents of the facility and as citizens. (2) A resident or guardian, if any, may submit complaints or recommendations conce...
74.42.055
Discrimination against medicaid recipients prohibited.
(1) The purpose of this section is to prohibit discrimination against medicaid recipients by nursing homes which have contracted with the department to provide skilled or intermediate nursing care services to medicaid recipients. (2) A nursing facility shall readmit a resident, who has been hospitalized or on therapeut...
74.42.056
Department assessment of medicaid eligible individuals—Requirements.
A nursing facility shall not admit any individual who is medicaid eligible unless that individual has been assessed by the department. Appropriate hospital discharge shall not be delayed pending the assessment. To ensure timely hospital discharge of medicaid eligible persons, the date of the request for a department lo...
74.42.057
Notification regarding resident likely to become medicaid eligible.
If a nursing facility has reason to know that a resident is likely to become financially eligible for medicaid benefits within one hundred eighty days, the nursing facility shall notify the patient or his or her representative and the department. The department may: (1) Assess any such resident to determine if the resi...
74.42.058
Department case management services.
(1) To the extent of available funding, the department shall provide case management services to assist nursing facility residents, in conjunction and partnership with nursing facility staff. The purpose of the case management services is to assist residents and their families to assess the appropriateness and availabi...
74.42.060
Management of residents' financial affairs.
The facility shall allow a resident or the resident's guardian to manage the resident's financial affairs. The facility may assist a resident in the management of his or her financial affairs if the resident requests assistance in writing and the facility complies with the recordkeeping requirements of RCW 74.42.130 an...
74.42.070
Privacy.
Residents shall be given privacy during treatment and care of personal needs. Residents who are spouses or domestic partners shall be given privacy during visits with their spouses or their domestic partners. If both spouses or both domestic partners are residents of the facility, the facility shall permit the spouses ...
74.42.080
Confidentiality of records.
Residents' records, including information in an automatic data bank, shall be treated confidentially. The facility shall not release information from a resident's record to a person not otherwise authorized by law to receive the information without the resident's or the resident's guardian's written consent. [ 1979 ex....
74.42.090
Work tasks by residents.
No resident may be required to perform services for the facility; except that a resident may be required to perform work tasks specified or included in the comprehensive plan of care. [ 1979 ex.s. c 211 s 9 .]
74.42.100
Personal mail.
The facility shall not open the personal mail that residents send or receive. [ 1979 ex.s. c 211 s 10 .]
74.42.110
Freedom of association—Limits.
Residents shall be allowed to communicate, associate, meet privately with individuals of their choice, and participate in social, religious, and community group activities unless this infringes on the rights of other residents. [ 1979 ex.s. c 211 s 11 .]
74.42.120
Personal possessions.
The facility shall allow residents to have personal possessions as space or security permits. [ 1979 ex.s. c 211 s 12 .]
74.42.130
Individual financial records.
The facility shall keep a current, written financial record for each resident. The record shall include written receipts for all personal possessions and funds received by or deposited with the facility and for all disbursements made to or for the resident. The resident or guardian and the resident's family shall have ...
74.42.140
Prescribed plan of care—Treatment, medication, diet services.
The facility shall care for residents by providing residents with authorized medical services which shall include treatment, medication, and diet services, and any other services contained in the comprehensive plan of care or otherwise prescribed by the attending physician. [ 1979 ex.s. c 211 s 14 .]
74.42.150
Plan of care—Goals—Program—Responsibilities—Review.
(1) Under the attending physician's instructions, qualified facility staff will establish and maintain a comprehensive plan of care for each resident which shall be kept on file by the facility and be evaluated through review and assessment by the department. The comprehensive plan contains: (a) Goals for each resident...
74.42.160
Nursing care.
The facility shall provide the nursing care required for the classification given each resident. The nursing care shall help each resident to achieve and maintain the highest possible degree of function, self-care, and independence to the extent medically possible. [ 1979 ex.s. c 211 s 16 .]
74.42.170
Rehabilitative services.
(1) The facility shall provide rehabilitative services itself or arrange for the provision of rehabilitative services with qualified outside resources for each resident whose comprehensive plan of care requires the provision of rehabilitative services. (2) The rehabilitative service personnel shall be qualified therapi...
74.42.180
Social services.
(1) The facility shall provide social services, or arrange for the provision of social services with qualified outside resources, for each resident whose comprehensive plan of care requires the provision of social services. (2) The facility shall designate one staff member qualified by training or experience to be resp...
74.42.190
Activities program—Recreation areas, equipment.
The facility shall have an activities program designed to encourage each resident to maintain normal activity and help each resident return to self care. A staff member qualified by experience or training in directing group activities shall be responsible for the activities program. The facility shall provide adequate ...
74.42.200
Supervision of health care by physician—When required.
The health care of each resident shall be under the continuing supervision of a physician: PROVIDED, That a resident of a facility licensed pursuant to chapter 18.51 RCW but not certified by the federal government under Title XVIII or Title XIX of the Social Security Act as now or hereafter amended shall not be require...
74.42.210
Pharmacist services.
The facility shall either employ a licensed pharmacist responsible for operating the facility's pharmacy or have a written agreement with a licensed pharmacist who will advise the facility on ordering, storage, administration, disposal, and recordkeeping of drugs and biologicals. [ 1979 ex.s. c 211 s 21 .]
74.42.220
Contracts for professional services from outside the agency.
(1) If the facility does not employ a qualified professional to furnish required services, the facility shall have a written contract with a qualified professional or agency outside the facility to furnish the required services. The terms of the contract, including terms about responsibilities, functions, and objective...
74.42.225
Self-medication programs for residents—Educational program—Implementation.
The department shall develop an educational program for attending and staff physicians and patients on self-medication. The department shall actively encourage the implementation of such self-medication programs for residents. [ 1980 c 184 s 18 .]
74.42.230
Physician or authorized practitioner to prescribe medication—Communication of order by licensed nurse, pharmacist, or another physician.
(1) The resident's attending or staff physician or authorized practitioner approved by the attending physician shall order all medications for the resident. The order may be oral or written and shall continue in effect until discontinued by a physician or other authorized prescriber, unless the order is specifically li...
74.42.240
Administering medication.
(1) No staff member may administer any medication to a resident unless the staff member is licensed to administer medication: PROVIDED, That nothing herein shall be construed as prohibiting graduate nurses or student nurses from administering medications when permitted to do so under chapter 18.79 RCW and rules adopted...
74.42.250
Medication stop orders—Procedure for persons with developmental disabilities.
(1) When the physician's order for medication does not include a specific time limit or a specific number of dosages, the facility shall notify the physician that the medication will be stopped at a date certain unless the medication is ordered continued by the physician. The facility shall so notify the physician ever...
74.42.260
Drug storage, security, inventory.
(1) The facility shall store drugs under proper conditions of sanitation, temperature, light, moisture, ventilation, segregation, and security. Poisons, drugs used externally, and drugs taken internally shall be stored on separate shelves or in separate cabinets at all locations. When medication is stored in a refriger...
74.42.270
Drug disposal.
Any drug that is discontinued or outdated and any container with a worn, illegible, or missing label shall be properly disposed. [ 1979 ex.s. c 211 s 27 .]
74.42.280
Adverse drug reaction.
Medication errors and adverse drug reactions shall be recorded and reported immediately to the practitioner who ordered the drug. The facility shall report adverse drug reactions consistent with good medical practice. [ 1979 ex.s. c 211 s 28 .]
74.42.285
Immunizations—Rules.
(1) Long-term care facilities shall: (a) Provide access on-site or make available elsewhere for all residents to obtain the influenza virus immunization on an annual basis; (b) Require that each resident, or the resident's legal representative, upon admission to the facility, be informed verbally and in writing of the ...
74.42.290
Meal intervals—Food handling—Utensils—Disposal.
(1) The facility shall serve at least three meals, or their equivalent, daily at regular times with not more than fourteen hours between a substantial evening meal and breakfast on the following day and not less than ten hours between breakfast and a substantial evening meal on the same day. (2) Food shall be procured,...
74.42.300
Nutritionist—Menus, special diets.
(1) The facility shall have a staff member trained or experienced in food management and nutrition responsible for planning menus that meet the requirements of subsection (2) of this section and supervising meal preparation and service to insure that the menu plan is followed. (2) The menu plans shall follow the orders...
74.42.310
Staff duties at meals.
(1) A facility shall have sufficient personnel to supervise the residents, direct self-help dining skills, and to insure that each resident receives enough food. (2) A facility shall provide table service for all residents, including residents in wheelchairs, who are capable and willing to eat at tables. [ 1980 c 184 s...
74.42.320
Sanitary procedures for food preparation.
Facilities shall have effective sanitary procedures for the food preparation staff including procedures for cleaning food preparation equipment and food preparation areas. [ 1979 ex.s. c 211 s 32 .]
74.42.330
Food storage.
The facility shall store dry or staple food items at an appropriate height above the floor in a ventilated room not subject to sewage or wastewater backflow or contamination by condensation, leakage, rodents or vermin. Perishable foods shall be stored at proper temperatures to conserve nutritive values. [ 1979 ex.s. c ...
74.42.340
Administrative support—Purchasing—Inventory control.
(1) The facility shall provide adequate administrative support to efficiently meet the needs of residents and facilitate attainment of the facility's goals and objectives. (2) The facility shall: (a) Document the purchasing process; (b) Adequately operate the inventory control system and stockroom; (c) Have appropriate...
74.42.350
Organization chart.
The facility shall have and keep current an organization chart showing: (1) The major operating programs of the facility; (2) The staff divisions of the facility; (3) The administrative personnel in charge of the programs and divisions; and (4) The lines of authority, responsibility, and communication of administrative...
74.42.360
Adequate staff—Minimum staffing standards—Exceptions—Definition.
(1) The facility shall have staff on duty twenty-four hours daily sufficient in number and qualifications to carry out the provisions of RCW 74.42.010 through 74.42.570 and the policies, responsibilities, and programs of the facility. (2) The department shall institute minimum staffing standards for nursing homes. Begi...
74.42.370
Licensed administrator.
The facility shall have an administrator who is a licensed nursing home administrator under chapter 18.52 RCW. The administrator is responsible for managing the facility and implementing established policies and procedures. [ 1979 ex.s. c 211 s 37 .]
74.42.380
Director of nursing services.(Effective until June 30, 2027.)
(1) The facility shall have a director of nursing services. The director of nursing services shall be a registered nurse or an *advanced registered nurse practitioner. (2) The director of nursing services is responsible for: (a) Coordinating the plan of care for each resident; (b) Permitting only licensed personnel to ...
74.42.390
Communication system.
The facility shall have a communication system, including telephone service, that insures prompt contact of on-duty personnel and prompt notification of responsible personnel in an emergency. [ 1979 ex.s. c 211 s 39 .]
74.42.400
Engineering and maintenance personnel.
The facility shall have sufficient trained and experienced personnel for necessary engineering and maintenance functions. [ 1979 ex.s. c 211 s 40 .]
74.42.410
Laundry services.
The facility shall manage laundry services to meet the residents' daily clothing and linen needs. The facility shall have available at all times enough linen for the proper care and comfort of the residents. [ 1979 ex.s. c 211 s 41 .]
74.42.420
Resident record system.
The facility shall maintain an organized record system containing a record for each resident. The record shall contain: (1) Identification information, including the information listed in RCW 18.51.095 (1); (2) Admission information, including the resident's medical and social history; (3) A comprehensive plan of care ...
74.42.430
Written policy guidelines.
The facility shall develop written guidelines governing: (1) All services provided by the facility; (2) Admission, transfer or discharge; (3) The use of chemical and physical restraints, the personnel authorized to administer restraints in an emergency, and procedures for monitoring and controlling the use of the restr...
74.42.440
Facility rated capacity not to be exceeded.
The facility may only admit individuals when the facility's rated capacity will not be exceeded and when the facility has the capability to provide adequate treatment, therapy, and activities. [ 1979 ex.s. c 211 s 44 .]
74.42.450
Residents limited to those the facility qualified to care for—Transfer or discharge of residents—Appeal of department discharge decision—Reasonable accommodation.
(1) The facility shall admit as residents only those individuals whose needs can be met by: (a) The facility; (b) The facility cooperating with community resources; or (c) The facility cooperating with other providers of care affiliated or under contract with the facility. (2) The facility shall transfer a resident to ...
74.42.455
Transitional care management.
(1) Nursing facilities may provide telephone or web-based transitional care management services to persons discharged from the facility to home for up to thirty days postdischarge. (2) When a nursing facility provides transitional care management services, the facility must coordinate postdischarge care and service nee...
74.42.460
Organization plan and procedures.
The facility shall have a written staff organization plan and detailed written procedures to meet potential emergencies and disasters. The facility shall clearly communicate and periodically review the plan and procedures with the staff and residents. The plan and procedures shall be posted at suitable locations throug...
74.42.470
Infected employees.
No employee with symptoms of a communicable disease may work in a facility. The facility shall have written guidelines that will help enforce this section. [ 1979 ex.s. c 211 s 47 .]
74.42.480
Living areas.
The facility shall design and equip the resident living areas for the comfort and privacy of each resident. [ 1979 ex.s. c 211 s 48 .]
74.42.490
Room requirements—Waiver.
Each resident's room shall: (1) Be equipped with or conveniently located near toilet and bathing facilities; (2) Be at or above grade level; (3) Contain a suitable bed for each resident and other appropriate furniture; (4) Have closet space that provides security and privacy for clothing and personal belongings; (5) Co...
74.42.500
Toilet and bathing facilities.
Toilet and bathing facilities shall be located in or near residents' rooms and shall be appropriate in number, size, and design to meet the needs of the residents. The facility shall provide an adequate supply of hot water at all times for resident use. Plumbing shall be equipped with control valves that automatically ...
74.42.510
Room for dining, recreation, social activities—Waiver.
The facility shall provide one or more areas not used for corridor traffic for dining, recreation, and social activities. A multipurpose room may be used if it is large enough to accommodate all of the activities without the activities interfering with each other: PROVIDED, That the department may waive the provisions ...
74.42.520
Therapy area.
The facility's therapy area shall be large enough and designed to accommodate the necessary equipment, conduct an examination, and provide treatment: PROVIDED, That developmentally disabled facilities shall not be subject to the provisions of this section if therapeutic services are obtained by contract with other faci...
74.42.530
Isolation areas.
The facility shall have isolation areas for residents with infectious diseases or make other provisions for isolating these residents. [ 1979 ex.s. c 211 s 53 .]
74.42.540
Building requirements.
(1) The facility shall be accessible to and usable by all residents, personnel, and the public, including individuals with disabilities: PROVIDED, That no substantial structural changes shall be required in any facilities constructed prior to January 1, 1980. (2) The facility shall meet the requirements of American nat...
74.42.550
Handrails.
The facility shall have handrails that are firmly attached to the walls in all corridors used by residents: PROVIDED, That the department may waive the provisions of this section in developmentally disabled facilities. [ 1979 ex.s. c 211 s 55 .]
74.42.560
Emergency lighting for facilities housing persons with developmental disabilities.
If a living unit of a facility for the developmentally disabled houses more than fifteen residents, the living unit shall have emergency lighting with automatic switches for stairs and exits. [ 1979 ex.s. c 211 s 56 .]
74.42.570
Health and safety requirements.
The facility shall meet state and local laws, rules, regulations, and codes pertaining to health and safety. [ 1980 c 184 s 14 ; 1979 ex.s. c 211 s 57 .]
74.42.580
Penalties for violation of standards.
The department may deny, suspend, revoke, or refuse to renew a license or provisional license, assess monetary penalties of a civil nature, deny payment, seek receivership, order stop placement, appoint temporary management, order emergency closure, or order emergency transfer as provided in RCW 18.51.054 and 18.51.060...
74.42.600
Department inspections—Notice of noncompliance—Penalties—Coordination with department of health.
(1) In addition to the inspection required by chapter 18.51 RCW, the department shall inspect the facility for compliance with resident rights and direct care standards of this chapter. The department may inspect any and all other provisions randomly, by exception profiles, or during complaint investigations. (2) If th...
74.42.620
Departmental rules.
The department shall adopt rules pursuant to chapter 34.05 RCW necessary to carry out the policies and provisions of RCW 74.42.010 through 74.42.570 . The department shall amend or repeal any rules that are in conflict with RCW 74.42.010 through 74.42.570 . [ 1979 ex.s. c 211 s 62 .]
74.42.630
Conflict with federal requirements.
If any part of chapter 184, Laws of 1980 shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this act is hereby declared to be inoperative solely to the extent of such conflict, and such finding or determin...
74.42.640
Quality assurance committee.
(1) To ensure the proper delivery of services and the maintenance and improvement in quality of care through self-review, each facility may maintain a quality assurance committee that, at a minimum, includes: (a) The director of nursing services; (b) A physician designated by the facility; and (c) Three other members f...
74.42.910
Construction—Conflict with federal requirements.
If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, an...
74.42.920
Chapter74.42RCW suspended—Effective date delayed until January 1, 1981.
Chapter 74.42 RCW shall be suspended immediately, and its effective date delayed so that it shall take effect on January 1, 1981. [ 1980 c 184 s 19 ; 1979 ex.s. c 211 s 72 .] Effective date — 1980 c 184 s 19: "Section 19 of this 1980 act is necessary for the immediate preservation of the public peace, health, and safet...
74.46.010
Short title—Purpose—Finding.
(1) This chapter may be known and cited as the "nursing facility medicaid payment system." (2) The purposes of this chapter are to set forth principles to guide the nursing facility medicaid payment system and specify the manner by which legislative appropriations for medicaid nursing facility services are to be alloca...
74.46.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Appraisal" means the process of estimating the fair market value or reconstructing the historical cost of an asset acquired in a past period as performed by a professionally designated real estate appraise...
74.46.022
Nursing facility medicaid payment system—Establishing procedures, principles, and conditions.
The department shall establish, by rule, the procedures, principles, and conditions for the nursing facility medicaid payment system addressed by the following principles: (1) The department must receive complete, annual reporting of all costs and the financial condition of each contractor, prepared and presented in a ...
74.46.024
Pay-for-performance supplemental payment structure—Establishing procedures, principles, and conditions.
The department shall establish, by rule, the procedures, principles, and conditions for a pay-for-performance supplemental payment structure that provides payment add-ons for high performing facilities. To the extent that funds are appropriated for this purpose, the pay-for-performance structure will include a one perc...
74.46.421
Purpose of part E—Nursing facility medicaid payment rates.
(1) The purpose of *part E of this chapter is to determine nursing facility medicaid payment rates that, in the aggregate for all participating nursing facilities, are in accordance with the biennial appropriations act. (2)(a) The department shall use the nursing facility medicaid payment rate methodologies described i...
74.46.441
Public disclosure of rate-setting information.
The department shall disclose to any member of the public all rate-setting information consistent with requirements of state and federal laws. [ 1998 c 322 s 20 .]
74.46.475
Submitted cost report—Analysis and adjustment by department.
The department shall analyze the submitted cost report or a portion thereof of each contractor for each report period to determine if the information is correct, complete, reported in conformance with department instructions and generally accepted accounting principles, the requirements of this chapter, and such rules ...
74.46.485
Case mix method implementation.
(1) The legislature recognizes that staff and resources needed to adequately care for individuals with cognitive or behavioral impairments is not limited to support for activities of daily living. Therefore, the department shall: (a) Beginning July 1, 2024, implement a method for applying case mix to the rate. This met...
74.46.496
Case mix weights—Determination.
(1) Each case mix classification group shall be assigned a case mix weight. The case mix weight for each resident of a nursing facility for each calendar quarter or six-month period during a calendar year shall be based on data from resident assessment instruments completed for the resident and weighted by the number o...
74.46.501
Average case mix indexes determined quarterly—Facility average case mix index—Medicaid average case mix index.
(1) From individual case mix weights for the applicable quarter, the department shall determine two average case mix indexes for each medicaid nursing facility, one for all residents in the facility, known as the facility average case mix index, and one for medicaid residents, known as the medicaid average case mix ind...
74.46.531
Department may adjust component rates—Contractor may request—Errors or omissions.
(1) The department may adjust component rates for errors or omissions made in establishing component rates and determine amounts either overpaid to the contractor or underpaid by the department. (2) A contractor may request the department to adjust its component rates because of: (a) An error or omission the contractor...
74.46.541
Skilled nursing facility safety net assessment—Reimbursement of medicaid share.
(1) The department shall establish a skilled nursing facility safety net assessment medicaid share pass-through or rate add-on to reimburse the medicaid share of the skilled nursing facility safety net assessment as a medicaid allowable cost consistent with RCW 74.48.030 . This add-on shall not be considered an allowab...
74.46.551
Facility-based payment rates—Comparative analysis—Rate add-ons.
(1) For fiscal year 2016 and subject to appropriation, the department shall do a comparative analysis of the facility-based payment rates calculated on July 1, 2015, using the payment methodology defined in this chapter, to the facility-based rates in effect June 30, 2010. If the facility-based payment rate calculated ...
74.46.561
Nursing home payment rates—System components—Quality incentive—Reimbursement of safety net assessment—Rate reductions or increases limited.
(1) The legislature adopts a new system for establishing nursing home payment rates beginning July 1, 2016. Any payments to nursing homes for services provided after June 30, 2016, must be based on the new system. The new system must be designed in such a manner as to decrease administrative complexity associated with ...
74.46.562
Indian health service or tribal facilities—Payment rates.
Services provided by or through facilities of the Indian health service or facilities operated by a tribe or tribal organization pursuant to 42 C.F.R. Part 136 may be paid at the applicable rates published in the federal register or at a cost-based rate applicable to such types of facilities as approved by the centers ...
74.46.571
Nursing home payment rates—Rules.
The department shall adopt rules as are necessary and reasonable to effectuate and maintain the new system for establishing nursing home payment rates described in RCW 74.46.561 and the minimum staffing standards described in RCW 74.42.360 . The rules must be consistent with the principles described in RCW 74.46.561 an...
74.46.581
Separate nursing facility quality enhancement account.
A separate nursing facility quality enhancement account is created in the custody of the state treasurer. Beginning July 1, 2015, all net receipts from the reconciliation and settlement process provided in RCW 74.46.022 (6), as described within RCW 74.46.561 , must be deposited into the account. Beginning July 1, 2016,...
74.46.800
Rule-making authority.
(1) The department shall have authority to adopt, amend, and rescind such administrative rules and definitions as it deems necessary to carry out the policies and purposes of this chapter and to resolve issues and develop procedures to implement, update, and improve the nursing facility medicaid payment system. (2) Not...
74.46.835
AIDS pilot nursing facility—Payment for direct care.
(1) Payment for direct care at the pilot nursing facility in King county designed to meet the service needs of residents living with AIDS, as defined in *RCW 70.24.017 , and as specifically authorized for this purpose under chapter 9, Laws of 1989 1st ex. sess., shall be exempt from case mix methods of rate determinati...
74.46.840
Conflict with federal requirements.
If any part of this chapter or RCW 18.51.145 or 74.09.120 is found by an agency of the federal government to be in conflict with federal requirements that are a prescribed condition to the receipts of federal funds to the state, the conflicting part of this chapter or RCW 18.51.145 or 74.09.120 is declared inoperative ...
74.46.909
Retrospective application—Clarification of chapter 8, Laws of 2001 1st sp. sess.—2008 c 263.
The legislature clarifies the enactment of *chapter 8, Laws of 2001 1st sp. sess. and intends this act be curative, remedial, and retrospectively applicable to July 1, 1998. [ 2008 c 263 s 5 .] *Reviser's note: For codification of chapter 8, Laws of 2001 1st sp. sess., see Codification Tables.
74.48.005
Purpose—Findings—Intent.
(1) It is the intent of the legislature to encourage maximization of financial resources eligible and available for medicaid services by establishing the skilled nursing facility safety net trust fund to receive skilled nursing facility safety net assessments to use in securing federal matching funds under federally pr...
74.48.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Certain high volume medicaid nursing facilities" means the fewest number of facilities necessary with the highest number of medicaid days or total patient days annually to meet the statistical redistributio...
74.48.020
Skilled nursing facility safety net trust fund.
(1) There is established in the state treasury the skilled nursing facility safety net trust fund. The purpose and use of the fund shall be to receive and disburse funds, together with accrued interest, in accordance with this chapter. Moneys in the fund, including interest earned, shall not be used or disbursed for an...
74.48.030
Assessments.
(1) In accordance with the redistribution method set forth in 42 C.F.R. Sec. 433.68(e)(1) and (2), the department shall seek a waiver of the broad-based and uniform provider assessment requirements of federal law to exclude certain nursing facilities from the skilled nursing facility safety net assessment and to permit...
74.48.040
Administration and collection.
(1) The department, in cooperation with the office of financial management, shall develop rules for determining the amount to be assessed to individual skilled nursing facilities, notifying individual skilled nursing facilities of the assessed amount, and collecting the amounts due. Such rule making shall specifically ...
74.48.050
Exceptions.
(1) Subject to subsection (4) of this section the department shall exempt the following nursing facility providers from the skilled nursing facility safety net assessment subject to federal approval under 42 C.F.R. Sec. 433.68(e)(2): (a) Continuing care retirement communities; (b) Nursing facilities with thirty-five or...
74.48.060
Conditions.
(1) If the centers for medicare and medicaid services fail to approve any state plan amendments or waiver requests that are necessary in order to implement the applicable sections of this chapter then the assessment authorized in RCW 74.48.040 shall cease to be imposed. (2) Nothing in subsection (1) of this section pro...
74.48.070
Assessment part of operating overhead.
The incidence and burden of assessments imposed under this chapter shall be on skilled nursing facilities and the expense associated with the assessments shall constitute a part of the operating overhead of the facilities. Skilled nursing facilities shall not itemize the safety net assessment on billings to residents o...