In early August 2021, WHCA warned the Governor’s Office that staffing shortages and the spread of the Delta variant could lead to facility closures. Two weeks ago WHCA again requested that the Inslee administration better prepare for the possibility of closures and the need to address current transfer/discharge requirements.

On Friday, September 3, 2021, Governor Jay Inslee issued Proclamation 21-15 related to the transfer and discharge of nursing home residents. The recent Proclamation waives and suspends certain statutory and regulatory provisions that could prevent, hinder, or delay actions that are necessary to cope with the COVID-19 pandemic by temporarily expediting the ability to transfer or discharge nursing home residents to other long term care facilities for specific COVID-19-related cohorting purposes. The waivers or suspensions are in effect until 11:59 pm on October 2, 2021.

The Proclamation finds that strict compliance with the following statutory and regulatory obligations and limitations will prevent, hinder, or delay certain transfers or discharges of nursing home residents to other long term care facilities that are necessary to expedite relocation of residents to reduce the spread of COVID-19, especially the Delta variant.

The following statutory and regulatory provisions or portion thereof relating to the suspension of transfer/discharge pending the outcome of a hearing are hereby waived and suspended until 11:59 p.m. on October 2, 2021:

On Friday, September 3, 2021, Governor Jay Inslee issued Proclamation 20-25.16 amending provisions of Proclamation 20-25, et seq., as they relate to face coverings to prohibit any individual from failing to wear a face covering as required by the Secretary of Health’s face covering order that was issued on August 23, 2021. The Governor’s most recent Proclamation further prohibits any governmental, commercial, or nonprofit entity or private party from allowing any individual to enter or remain in any indoor space under their control unless the individual is in compliance with the Secretary of Health’s face covering order.

Businesses are prohibited from allowing customers to enter or remain in an indoor space in a business unless the customer is wearing a face covering. All employees are required to wear a face covering indoors at the employee’s worksite unless allowances are made by the Secretary of Health’s face covering order. WHCA members and their employees should continue to follow current DOH, DSHS and CDC guidance applicable to their specific setting and circumstance. If you have any questions do not hesitate to contact Elena Madrid or Vicki McNealley.

Last week many WHCA SNF and ALF members received notification from Residential Care Services (RCS) informing providers that they were consider “contractors” by the Department and, therefore, they were being required to complete an affidavit specifying that all employees had met certain mandatory vaccination provisions unique to “contractors.” Upon learning of these letters, WHCA immediately contacted RCS and was told that providers should not have received these letters. In a Dear Provider/Dear Administrator letter issue on September 3, 2021, providers were finally and officially informed that they could ignore these letters. 

In a Dear Provider letter dated September 3, 2021, all providers are notified that on August 9, 2021, the Governor issued proclamation 21-14 requiring most state employees, private health care and long term care workers to be vaccinated against COVID-19. Click here for a link to a FAQ document from the Department of Health (DOH) regarding Proclamation 21-14.

The letter outlines the timing necessary to achieve fully vaccinated status by October 18, 2021, and explains aspects of the mandate providing possible exemptions for individuals who are not medically able to receive the vaccine or who hold a sincerely held religious belief.

Providers can reach out to DOH for answers to questions via email or by calling (800) 525-0127.

On Friday afternoon, September 3, 2021, Residential Care Services issued a reminder about the continued use of eye protection in facilities. The September 3, 2021, Dear Provider/Dear Administrator letter acknowledged that RCS continues to hear complaints about the continued eye protection requirements, particularly with respect to face shields. The letter notes that CDC guidance states that eye protection should be worn during patient, resident, and client care encounters to protect eyes from exposure to respiratory secretions when working in facilities when located in communities with moderate to substantial (or high) community transmission. These community transmission data are published weekly by HealthData.gov. The CDC COVID-19 Tracker - Integrated County View can be found here. The RCS letter notes that CDC guidance has been reviewed on multiple levels, including DOH and Washington State Department of Labor and Industries (L&I) and will remain in effect until circumstances change.

WHCA continues to post resources and information as it becomes available on our website. If you have questions or need additional information, please call the WHCA office at (800) 562-6170.