Memorandum In Support Of Petition For Rulemaking To Amend Rules To Ensure Discharge Protection For Residents In All Licensed Long-Term Care Settings
November 8, 2022 | Education, Policy
Twenty-seven years ago, the state legislature extended the federal rights of nursing home residents to the residents of all long-term care settings in Washington—including the right to appeal an involuntary transfer or discharge through an administrative hearing. However, the Department of Social and Health Services (the Department) has never amended its rules to provide this right and other important protections regarding transfer, discharge, bed-holds, and social/therapeutic leave to all long-term care residents, not just nursing home residents. As a result, residents and long-term care settings are unsure of their statutory rights and responsibilities. Despite the lack of rules on these discharge issues, the Office of Administrative Hearings (OAH) has recognized the critical statutorily granted rights of all long-term care residents, including the right to a hearing, and associated requirements during discharge. Likewise, the Health Care Authority (HCA)—which has final decision-making authority through its Board of Appeals—has determined that Washington State’s statute granting the federal rights of nursing facilities residents, including the right to administrative hearings, applies equally to all long-term care residents.
Through this Memorandum and the attached petition for rulemaking, Petitioners ask the Department to amend its rules to clearly implement the legislature’s long-standing statutory mandate, which has been verified by the final agency decisions of the HCA and requires the same protective discharge rights and requirements across all long-term care settings. Petitioners will show that the Department has the legal authority to promulgate rules implementing those statutory discharge rights equally to all long-term care residents, and that these rules will further the agency’s mission to promote equity and inclusion and to protect vulnerable residents from wrongful and harmful evictions.