Washington Legislature Convenes January 8 – Your Voice Matters!
On Monday, the Washington State Legislature will convene for a short, 60-day legislative session. WHCA committees have been advising our work for the 2024 session. In addition to updating the two-year state operating budget, legislators will be asked to consider policy issues impacting long-term care services and supports. At WHCA, our goal is to work with our members to educate and inform legislators about those issues that impact your delivery of care and services. Special thanks to providers who’ve already made it a priority to conduct legislator tours this summer and fall—and to those of you who’ve already started to engage with your elected officials in the Washington state legislature.
We reach out today to encourage you to join us in helping educate legislators about key issues this session, and to remind you to join us at noon on Wednesday, January 10, 2024, for a WHCA members-only legislative briefing.
2024 Supplemental Budget
WHCA’s priorities for the supplemental budget and Medicaid funding for the 2024 legislative session are central to ensuring that our long-term care system is sustainable, and that Washington citizens have access to long-term care supports and services. Governor Jay Inslee’s final budget was released in December; this is his last session as Governor. The House and Senate will also release proposals for consideration in a final supplemental plan for the 2023-25 biennium.
WHCA’s supplemental budget priorities for 2024 align with recommendations for funding from the Department of Social and Health Services (DSHS):
- Fund the assisted living labor rate so that providers can compete for workers. The current assisted living Medicaid rate only reimburses wages at 79 percent of the benchmarked cost. DSHS recommended increasing the funding to 95 percent of labor costs. The Governor’s proposal fails to fund this proposal.
- Improve specialized dementia care funding. The current reimbursement rate for specialized dementia care services is inadequate. DSHS recommended increasing the add-on rate for these services from $43.48 to $60/per resident day. The Governor’s budget proposal would provide a $55/resident day add-on.
- Provide flexibility to implement the Patient Driven Payment Model (PDPM) for Skilled Nursing Facilities. The Legislature must provide DSHS with the flexibility to implement the PDPM system for Medicaid payments to skilled nursing facilities. WHCA’s goal is to mitigate significant rates swings and to ensure that patient services are funded.
- Ensure that skilled nursing facility rates are updated annually to address rate shortfalls that threaten operational viability. Additional “maintenance level” funding for skilled nursing facility Medicaid rates was adopted in the 2023-25 biennial budget. The effort to update rates annually has been important to system stability.
Discharge Appeal Rights – Community Based Settings
This issue of discharge appeal rights for residents in community-based settings including assisted living, adult family homes, and enhanced services facilities is under consideration in Olympia. Last session, HB 1859 was introduced in the late days of the session as an effort to drive legislative attention to the issue. We have met with key legislators to register our opposition to the bill, which would extend all skilled nursing facility resident rights to residential care settings. There are pronounced differences in the care setting in Washington. The current legislation fails to recognize the statutory limitations on the care that can be provided. This issue has been percolating; the Washington LTC Ombuds Program had petitioned DSHS and the Governor’s Office to engage in rulemaking around this issue. Both declined because of the lack of statutory direction about those rights.
We have been engaged in stakeholder discussions about the Ombuds proposal, but have significant, remaining concerns about HB 1859. We have been at work with other stakeholders and legal counsel to shape legislative language around the proposal and will keep you apprised of our work in this area. Learn more in Wednesday’s legislative update!
Grassroots Efforts
The WHCA team has been working since last session to enlist and engage members in grassroots lobbying efforts. The strategy to increase engagement of WHCA members is intended to help bolster legislator outreach efforts, including committee testimony, advocacy emails, and meetings with legislators. Resources have specifically been targeted to support members in engaging; the WHCA team is working now to schedule legislator appointments, and to engage key members in those meetings. Please reach out to Eric Negomir to learn how you can help!
Look for Capitol Update on Fridays during session for updates on our legislative work, and please make it a priority to respond to our Calls to Action that will help bring your voice to legislators in Olympia.