DSHS Works to Adopt Rules on Medicaid Resident Transfer and Discharge

DSHS and stakeholders have been engaged in rulemaking to establish requirements for a legally enforceable agreement between the operators of AFH, ESF, and ALF and residents in those settings whose care is paid through Medicaid. Requirements for these agreements include outlining resident rights, including resident eviction processes and appeals related to transfer and discharge. This rulemaking is needed to comply with federal regulations 42 CFR §441.530(a)(1)(vi)(A) & 42 CFR §441.301(c)(4)(vi)(A). WAC 388-78A-2660 will be amended to require the [facility] to do the following when issuing a written notice of transfer or discharge for residents on Medicaid:  

• Within three calendar days of issuing the notice, provide a copy of the notice to the resident’s assigned DSHS case manager;   

• Within three calendar days of issuing the notice, provide a copy of the notice to the Washington State Long-Term Care Ombuds Program. 

• The form for the notice is largely prescribed.  

DSHS is a few months away from implementing these rules and is currently considering a rule effective date of November 1, 2026. WHCA is meeting with DSHS and will host provider training sessions about the requirements during late summer or early fall.