AGING AND DISABILITY SERVICES ADMINISTRATION

2009 BH "Dear Administrator" Letters

July 2, 2009

ADSA: BH 2009-013
2008 AND 2009 LEGISLATION RELATED TO MEDICAID

Dear Boarding Home Administrator:

We informed you last year that the legislature had passed Substitute Senate Bill (SSB) 6807; a law related to a boarding home’s voluntary withdrawal from participation in the Medicaid program. The bill also included some notice requirements. The bill went into effect March 28, 2008 and was codified later in the year into Revised Code of Washington (RCW) 18.20.440.

Please be aware that part of SB 6807 does not apply retroactively. While the notice requirement applies from the effective date of the law, the rest of the law only applies to a boarding home that signed a new or renewed contract with the department on or after the effective date of the law, March 28, 2008. Voluntary termination by the boarding home of a Medicaid contract with the department prior to March 28, 2008, continues to be governed by the termination provisions within those contracts and are not affected by SB 6807.

This year the legislature passed another bill, Substitute Senate Bill (SSB) 6009, that imposes additional Medicaid and notice requirements on boarding homes. It will be effective July 26, 2009 and will be codified into the resident rights statute, chapter 70.129 RCW, later this year. The relevant provisions are included below:

• A boarding home must fully disclose to residents the home's policy on accepting Medicaid as a payment source.
• The policy must clearly state the circumstances under which the home provides care for Medicaid eligible residents and for residents who may later become eligible for Medicaid (in other words, private pay residents who later become eligible for and transfer to the Medicaid program as their funding source).
• The policy must be provided to residents orally and in writing before admission, in a language that the resident or the resident's representative understands.
• The written policy must be in type font no smaller than fourteen point and written on a page that is separate from other documents.
• The policy must be signed and dated by the resident or the resident's representative, if the resident lacks capacity. The boarding home must retain a copy of the policy.
• Current residents must receive a copy of the policy by the July 26, 2009.

By July 26, 2009, you must meet the requirements as outlined in the licensing and resident rights statutes. We will inform you of any modifications to the licensing rules, which may be adopted to implement or enforce the law.

Thank you for your continued commitment to the vulnerable residents of this state.

Sincerely

Joyce Pashley Stockwell, Director
Residential Care Services