WHCA Regulatory Advocacy Prompts RCS to Revise 24/7 Exception Process

Last year, WHCA voiced significant concerns to DSHS/RCS leadership regarding changes made to the 24/7 RN exception process and criteria reflected in the Dear Provider Letter (DPL) 2025-029. The letter was poorly written and created increased confusion by applying federal language and requirements to a state process. Also, language by the department extended beyond the statute and rule related to a facility’s need to demonstrate a “good faith effort.” We communicated to DSHS that they have lost sight of the extensive work done by the initial stakeholder workgroup, which WHCA was highly engaged, that helped design the system structure and exception process. We encouraged the department to include WHCA in a collaborative process to review the DPL and Exception Request Packet.

As a direct result of this work, RCS has revised and updated the 24/7 RN staffing exception process and released an updated Dear Provider Letter NH-026-023. Please review and refer to this updated letter if your facility has or needs to request an exception. If you have questions or concerns, please contact Elena Madrid.