This week, the Centers for Medicare & Medicaid Services (CMS) published in the Federal Register a proposed rule entitled, Medicare Program; Implementing Certain Provisions of the Consolidated Appropriations Act, 2021 and Other Revisions to Medicare Enrollment and Eligibility Rules. The Notice of Proposed Rulemaking (NPRM) includes proposed changes to Medicare eligibility, including elimination of the Medicare coverage waiting period under specific circumstances, as well as new Special Enrollment Periods (SEP).

In a Dear Administrator letter dated April 28, 2022, assisted living providers are notified that beginning May 1, 2022, long term care workers will again need to complete a fingerprint-based background check as required by law. All providers and staff who began working between November 1, 2019, and April 30, 2022, will have 120 days to obtain non-disqualifying fingerprint results from the Background Check Central Unit (BCCU). This means that providers must have non-disqualifying results dated no later than August 28, 2022. New providers who start providing care on or after May 1, 2022, will have 120 days to get their results from BCCU. Settings should monitor for compliance with fingerprint completion per normal procedures.

The department is asking all new providers have a fingerprint appointment scheduled before providing care, per current WAC 388-113-0109 and emergency WAC 388-06-0525. This requirement has been in place in chapter 388-113 WAC, but not previously enforced because of the proclamation suspending fingerprint checks. 

Here is a list of fingerprint locations that are currently open and available to provide fingerprint background checks. If you have any questions, please email Tom Moore, Policy Program Manager, or call him at (360) 764-9641.

In a Dear Administrator letter dated April 28, 2022, skilled nursing providers were notified on April 4, 2022, the department filed emergency rules under WSR 22-08-062 effective April 9, 2022. These emergency rules continue the suspension of certain transfer and discharge requirements previously suspended under Governor Proclamation 21-15 and emergency rules filed on December 9, 2021, under WSR 22-01-072.

These emergency rules amend WAC 388-97-0140 to allow nursing homes to immediately transfer or discharge COVID-19 positive nursing home residents to facilities that are equipped to treat the disease when the nursing home is unable to treat COVID-19 positive patients. The emergency rules also amend WAC 388-97-0120 to waive the requirement for nursing homes to suspend certain transfers and discharges pending the outcome of a resident appeal hearing, improving resident safety by allowing faster grouping of COVID-19 positive residents in one facility, or grouping asymptomatic residents together. These emergency rules help expedite infection control processes and maximize the availability of nursing home beds. 

These emergency rules expire on August 2, 2022. The department also filed a CR-101 WSR 22-08-060 on April 4, 2022, to begin rulemaking to identify the time period these requirements are suspended under emergency rules. If providers have questions, they can email Molly McClintock, Nursing Home Policy Manager, or call her at (360) 742-6966.

In a Dear Administrator letter dated April 27, 2022, skilled nursing providers are informed the department filed emergency rules on April 13, 2020, for some nursing home requirements. The rules were amended and temporarily repealed in response to the significant threat of COVID-19 and to continue to align state nursing home rules with federal rules. The rules were consecutively extended with the last extension (WSR 22-01-166) expiring on April 15, 2022.

The Department filed an extension of the emergency rules with an effective date of Aprila15, 2022, (WSR 22-09-014) due to expire on August 9, 2022. These rules are related to pre-admission screening and resident review (PASRR), and participation in resident and family groups.

The following rules were amended and temporarily repealed:

If you have questions, please email Molly McClintock, Nursing Home Policy Program Manager, or call her at (360) 742-6966.

In a Dear Administrator letter dated April 27, 2022, skilled nursing providers were notified an emergency rule under WSR 20-11--043 related to clinical records has been extended once again. The rule expires August 2, 2022. The amendment of WAC 388-97-0300 lengthens the time nursing homes have to provide the resident access to, or copies of, the requested clinical record from two days to ten days. The amendment does not permit the nursing facility to deny the resident access to records. If you have questions, please email Molly McClintock or call her at (360) 742-6966.

Nearly 86% of King County residents ages 5+ have completed their COVID-19 vaccine series – making King County one of the highest vaccinated counties in the country. This success is due in large part to the partnerships and the commitment Public Health Seattlea& King County holds to support the important work of partner organizations and their community.   

Over the past couple months there has been a significant rate of decline in booster rates, just over 51% of all eligible residents have gotten boosted in King County. Public Health Seattle & King County's aim is to continue supporting the choice to vaccinate and encourage the long term care workforce to get COVID-19 boosters through support of its incentive program. Click here for more details and here for Q&A about the program. A BIG thank you to Safeway for their incredible partnership and continued support in keeping King County communities safe and in good health.

The Tacoma Pierce County Health Department has provided an update for long term care providers in Tacoma and Pierce County. The update provides insight on testing, vaccines, and other resources available.

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.