DSHS Rulemaking Update

In early September, WHCA representatives met with DSHS Residential Care Services (RCS) staff regarding plans for updating rules and requirements for Washington SNF and AL providers. WHCA’s role is to represent members as stakeholders in this work so we can shape regulations before they are adopted. There are several issues that will take center stage in coming months. 

• Emergency Preparedness for LTC Facilities: WHCA worked vigorously to negotiate specific requirements related to post-COVID emergency planning requirements that passed the Legislature in 2021. Here is the link to the bill report for HB 1218; it details the specific rulemaking requirements for the Department. Initial work on this effort commenced in 2021 but stalled with the departure of the project manager. The work has started again and WHCA is an engaged stakeholder in the process. This restart has not been without challenges—WHCA staff continue to work in collaboration with other stakeholders regarding process and scope issues. The bottom line—we will be asking key member experts to review the Department’s draft rules proposal so we can continue to push back against administratively burdensome, redundant, and costly standards. If you have an interest in supporting this work, please email Lauri St. Ours. 

• HCBS Rulemaking regarding legally enforceable agreements: CMS has advised DSHS that HCBS admission agreements must comply with landlord/tenant act laws. The Department will be commencing discussions with stakeholders in late September/early October. We are working with Lane Powell attorneys to ensure we fully understand and respond to any proposed regulatory changes and will engage subject matter experts and keep members informed about this effort.  

• On-Going Resident Assessments/Qualified Assessors: WHCA’s regulatory team continues to hold the line regarding the intent and requirements related to resident assessments in assisted living and will be an active stakeholder in this rulemaking activity slated in 2025. 

• Federal SNF Staffing Requirements: The timeline for implementation of the CMS federal staffing rule has yet to be determined, but the Department is aware that additional legislation or rules may be necessary to implement. This conversation will continue in 2025. 

There are also several areas where the Department will seek to clarify current standards, including for physical plant standards, COVID-related SNF housekeeping standards, and additional standards related to liability insurance requirements for contracted providers. The rulemaking process is proscribed and sometimes protracted. We will keep you apprised on the status of these projects.  If you have questions, email Lauri St. Ours.