February 16, 2024
Greetings!

There are only 20 days left in the 2024 legislative session. Much of the remaining time will now turn to the business of adopting a state supplemental operating budget to determine state spending from July 1, 2024-June 30, 2025.
Budgets Scheduled for Release 

Both the Senate and the House budget proposals are just days from being released (Sunday and Monday, respectively). Each proposal will be subject to public hearing on Monday afternoon—and each must pass the fiscal committee and the floor of its respective chamber in preparation for final budget negotiations.  

Our budget priorities are two-fold: maintain the skilled nursing and assisted living Medicaid rates rebases scheduled this year on July 1, and improve assisted living Medicaid funding for base rates and specialized dementia care.   

WHCA advocacy work has been focused and intentional so that legislators and the public understand that adequate Medicaid funding for long-term care is critically important. We continue to meet with key legislators and budget leaders, and we continue to work with our members in targeted outreach efforts. This week, we were pleased to see The Spokesman
Review publish an op-ed from Zack Wester, Noble Healthcare, related to the need for assisted living funding. The Columbia Basin Herald published a letter from Linzi Michael, administrator of the Cambridge Assisted Living regarding funding. Their experienced voices are important to this conversation, and we are thankful for their contributions to get the word out through local media. 

The need for your voice and advocacy continues. We are relying on your continued advocacy with your own legislators. Look for a WHCA Alert on Monday afternoon with vital details on both the House and Senate proposals, and for advocacy resources that will make it easy to weigh in with your own legislators. We need you to take action early and often next week, and Monday’s WHCA Alert will be your guide. We’re entering an important point in the legislative process, and your voice is key in sending a strong message for assisted living funding support. Email Eric Negomir on our team if you’d like more information.  
PDPM Legislation Update

Yesterday, the House Appropriations Committee held a public hearing on legislation to implement the CMS patient driven payment model (PDPM) data set. The committee was asked to consider a striking amendment to the legislation, which passed the Senate unanimously on February 8. We are still in the process of analyzing the striker, but at first glance the amending language: 

  • Requires DSHS to collaborate with stakeholders to develop a new method for adjusting direct care rates using the patient driven payment model, aiming for a more accurate reflection of care costs.  

  • Requires the department to analyze the impact of the new case mix methodology on nursing facility payment rates, create payment adjustments based on client acuity, engage stakeholders for transparency, and develop a plan for ongoing monitoring and adjustment to maintain quality and fairness.  

  • Tasks the department with providing technical support for facilities transitioning to the new system and must submit a report on the methodology's development and implementation to inform future budget decision making. 

We are working with key legislators to make sure the intent of the striker is to move forward with an initial PDPM implementation for the July 1, 2024 rates. From here, the legislation must pass the Appropriations Committee and advance from Rules for floor consideration in the House and then be subject to concurrence since the House-passed version of the legislation will likely differ from the Senate plan.  
Other Issues

Rent Cap Legislation: ESHB 2114, legislation that would create additional protections for tenants under the Landlord Tenant Act passed the House on February 13, and is now teed up for action in the Senate Ways and Means Committee next week. The bill would affect independent residents who are co-located with assisted living residents. The legislation: 

  • Limits rent and fee increases to 7 percent during any 12-month period and prohibits rent and fee increases during the first 12 months of a tenancy for tenants subject to the Residential Landlord-Tenant Act and the Manufactured/Mobile Home Landlord-Tenant Act, regardless of the length of their lease, with certain exemptions.  

  • Provides certain other protections for tenants, such as rent and fee increase notice requirements; tenant lease termination provisions; limits on move-in fees, security deposits, and late fees; and requirements for parity between month-to-month and longer-term rental agreements.  

  • Provides remedies and enforcement mechanisms, including Attorney General enforcement of certain provisions in the bill under the Consumer Protection Act and a private cause of action for damages against landlords who violate certain provisions of the bill.  

  • Requires the Department of Commerce to create an online landlord resource center and to contract with an independent third party to carry out a social vulnerability assessment of the impacts of rent stabilization.  

  • Requires the Attorney General to publish model lease provisions regarding rent and fee increases. 

The companion legislation, SB 5961 failed to advance in the Senate—it remains to be seen if the House version will advance. 

As always, we are proud to be your voice in Olympia. Please do not hesitate to reach out if we can provide additional information about our work. Thanks for your advocacy.