Rule Development Underway for Medicaid Transfer/Discharge Notices in Assisted Living

WHCA has been engaged in a preliminary rulemaking process regarding transfer and discharge notice requirements for Medicaid residents in community-based care settings, including assisted living. Facilities are currently required to provide notice of transfer or discharge to any resident they transfer or discharge, and there are specific timeframes for doing so. The Centers for Medicaid and Medicare Services (CMS) has identified the need for DSHS to require residential providers to have a written agreement in place for each resident that is signed by both the resident and provider and provides comparable protections related to eviction as the Residential Landlord Tenant.

The rules will not change the criteria for when a transfer or discharge notice must be issued. However, they will add a requirement for notices to residents with Medicaid. The notice of transfer or discharge must include information about the resident’s right to legal counsel. Under the new rules, the facility must also provide a copy of the notice to the LTC Ombuds and the department case manager within three calendar days.

WHCA has worked with Carin Marney and Ballard Spahr Attorneys on the draft proposal; a formal rulemaking announcement on this matter will be issued in the coming weeks.

Please note, there are currently no changes to the rules/requirements. We will notify our members when the new rules are effective. If you have questions regarding transfer/discharge requirements, please reach out to Elena Madrid or Vicki McNealley at the WHCA office.