DSHS Draft Rules on Transfer and Discharge Notices for Medicaid Residents Released
The Department of Social and Health Services (DSHS) has released the CR-102 regarding transfer and discharge notification requirements for Medicaid clients, in alignment with federal regulation 42 CFR §441.530(a)(1)(vi)(A).
Under this federal requirement, for settings where landlord-tenant laws do not apply, the state must ensure that each participant has a lease, residency agreement, or other written agreement that includes eviction protections and appeal rights comparable to those provided under local landlord-tenant law.
DSHS conducted negotiated rulemaking with input from a wide range of stakeholders, including representatives from the Northwest Justice Project, Washington State Long-Term Care Ombuds Program, Office of Civil and Legal Aid, Governor’s Office, and other advocacy organizations. Carin Marney (Ballard Spahr/Lane Powell) represented WHCA and LeadingAge Washington during this process, which proved to be thorny and contentious.
The forthcoming regulations will require:
- Revisions to residency agreements
- Specific procedures for transfer and discharge notifications
- Notification to residents via a written discharge notice about access to legal counsel at public expense
- Notice of the discharge notice sent to the resident’s Medicaid case manager and the LTC Ombuds Program within 3 days of issuance
- Strict adherence to prescribed notice content requirements
The hearing on the proposed rules is scheduled for June 24. In addition to providing comments on the proposed final regulation, WHCA is actively developing an implementation plan that will include member training and a toolkit to support compliance.
For policy questions, please contact Lauri St. Ours.
Posted in Assisted Living
