Title 74 — Title 74 PUBLIC ASSISTANCE
41 chapters · 927 sections in this title.
RCW 74.42.520 Therapy area.
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The facility's therapy area shall be large enough and designed to accommodate the necessary equipment, conduct an examination, and provide treatment: PROVIDED, That developmentally disabled facilities shall not be subject to the provisions of this section if therapeutic services …
RCW 74.42.530 Isolation areas.
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The facility shall have isolation areas for residents with infectious diseases or make other provisions for isolating these residents.[ 1979 ex.s. c 211 s 53.]
RCW 74.42.540 Building requirements.
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(1) The facility shall be accessible to and usable by all residents, personnel, and the public, including individuals with disabilities: PROVIDED, That no substantial structural changes shall be required in any facilities constructed prior to January 1, 1980.(2) The facility shal…
RCW 74.42.550 Handrails.
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The facility shall have handrails that are firmly attached to the walls in all corridors used by residents: PROVIDED, That the department may waive the provisions of this section in developmentally disabled facilities.[ 1979 ex.s. c 211 s 55.]
RCW 74.42.560 Emergency lighting for facilities housing persons with developmental disabilities.
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If a living unit of a facility for the developmentally disabled houses more than fifteen residents, the living unit shall have emergency lighting with automatic switches for stairs and exits.[ 1979 ex.s. c 211 s 56.]
RCW 74.42.570 Health and safety requirements.
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The facility shall meet state and local laws, rules, regulations, and codes pertaining to health and safety.[ 1980 c 184 s 14; 1979 ex.s. c 211 s 57.]
RCW 74.42.580 Penalties for violation of standards.
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The department may deny, suspend, revoke, or refuse to renew a license or provisional license, assess monetary penalties of a civil nature, deny payment, seek receivership, order stop placement, appoint temporary management, order emergency closure, or order emergency transfer as…
RCW 74.42.600 Department inspections—Notice of noncompliance—Penalties—Coordination with department of health.
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(1) In addition to the inspection required by chapter 18.51 RCW, the department shall inspect the facility for compliance with resident rights and direct care standards of this chapter. The department may inspect any and all other provisions randomly, by exception profiles, or du…
RCW 74.42.620 Departmental rules.
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The department shall adopt rules pursuant to chapter 34.05 RCW necessary to carry out the policies and provisions of RCW 74.42.010 through 74.42.570. The department shall amend or repeal any rules that are in conflict with RCW 74.42.010 through 74.42.570.[ 1979 ex.s. c 211 s 62.]
RCW 74.42.630 Conflict with federal requirements.
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If any part of chapter 184, Laws of 1980 shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this act is hereby declared to be inoperative solely to the extent of suc…
RCW 74.42.640 Quality assurance committee.
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(1) To ensure the proper delivery of services and the maintenance and improvement in quality of care through self-review, each facility may maintain a quality assurance committee that, at a minimum, includes:(a) The director of nursing services;(b) A physician designated by the f…
RCW 74.42.910 Construction—Conflict with federal requirements.
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If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict and with respe…
RCW 74.42.920 Chapter 74.42 RCW suspended—Effective date delayed until January 1, 1981.
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Chapter 74.42 RCW shall be suspended immediately, and its effective date delayed so that it shall take effect on January 1, 1981.[ 1980 c 184 s 19; 1979 ex.s. c 211 s 72.]Notes:Effective date—1980 c 184 s 19: "Section 19 of this 1980 act is necessary for the immediate preservatio…
RCW 74.46.010 Short title—Purpose—Finding.
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(1) This chapter may be known and cited as the "nursing facility medicaid payment system."(2) The purposes of this chapter are to set forth principles to guide the nursing facility medicaid payment system and specify the manner by which legislative appropriations for medicaid nur…
RCW 74.46.020 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Appraisal" means the process of estimating the fair market value or reconstructing the historical cost of an asset acquired in a past period as performed by a profess…
RCW 74.46.022 Nursing facility medicaid payment system—Establishing procedures, principles, and conditions.
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The department shall establish, by rule, the procedures, principles, and conditions for the nursing facility medicaid payment system addressed by the following principles:(1) The department must receive complete, annual reporting of all costs and the financial condition of each c…
RCW 74.46.024 Pay-for-performance supplemental payment structure—Establishing procedures, principles, and conditions.
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The department shall establish, by rule, the procedures, principles, and conditions for a pay-for-performance supplemental payment structure that provides payment add-ons for high performing facilities. To the extent that funds are appropriated for this purpose, the pay-for-perfo…
RCW 74.46.421 Purpose of part E—Nursing facility medicaid payment rates.
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(1) The purpose of *part E of this chapter is to determine nursing facility medicaid payment rates that, in the aggregate for all participating nursing facilities, are in accordance with the biennial appropriations act.(2)(a) The department shall use the nursing facility medicaid…
RCW 74.46.441 Public disclosure of rate-setting information.
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The department shall disclose to any member of the public all rate-setting information consistent with requirements of state and federal laws.[ 1998 c 322 s 20.]
RCW 74.46.475 Submitted cost report—Analysis and adjustment by department.
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The department shall analyze the submitted cost report or a portion thereof of each contractor for each report period to determine if the information is correct, complete, reported in conformance with department instructions and generally accepted accounting principles, the requi…
RCW 74.46.485 Case mix method implementation.
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(1) The legislature recognizes that staff and resources needed to adequately care for individuals with cognitive or behavioral impairments is not limited to support for activities of daily living. Therefore, the department shall:(a) Beginning July 1, 2024, implement a method for …
RCW 74.46.496 Case mix weights—Determination.
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(1) Each case mix classification group shall be assigned a case mix weight. The case mix weight for each resident of a nursing facility for each calendar quarter or six-month period during a calendar year shall be based on data from resident assessment instruments completed for t…
RCW 74.46.501 Average case mix indexes determined quarterly—Facility average case mix index—Medicaid average case mix index.
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(1) From individual case mix weights for the applicable quarter, the department shall determine two average case mix indexes for each medicaid nursing facility, one for all residents in the facility, known as the facility average case mix index, and one for medicaid residents, kn…
RCW 74.46.531 Department may adjust component rates—Contractor may request—Errors or omissions.
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(1) The department may adjust component rates for errors or omissions made in establishing component rates and determine amounts either overpaid to the contractor or underpaid by the department.(2) A contractor may request the department to adjust its component rates because of:(…
RCW 74.46.541 Skilled nursing facility safety net assessment—Reimbursement of medicaid share.
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(1) The department shall establish a skilled nursing facility safety net assessment medicaid share pass-through or rate add-on to reimburse the medicaid share of the skilled nursing facility safety net assessment as a medicaid allowable cost consistent with RCW 74.48.030. This ad…
RCW 74.46.551 Facility-based payment rates—Comparative analysis—Rate add-ons.
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(1) For fiscal year 2016 and subject to appropriation, the department shall do a comparative analysis of the facility-based payment rates calculated on July 1, 2015, using the payment methodology defined in this chapter, to the facility-based rates in effect June 30, 2010. If the…
RCW 74.46.561 Nursing home payment rates—System components—Quality incentive—Reimbursement of safety net assessment—Rate reductions or increases limited.
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*** CHANGE IN 2026 *** (SEE 5998-S.SL) ***(1) The legislature adopts a new system for establishing nursing home payment rates beginning July 1, 2016. Any payments to nursing homes for services provided after June 30, 2016, must be based on the new system. The new system must be d…
RCW 74.46.562 Indian health service or tribal facilities—Payment rates.
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Services provided by or through facilities of the Indian health service or facilities operated by a tribe or tribal organization pursuant to 42 C.F.R. Part 136 may be paid at the applicable rates published in the federal register or at a cost-based rate applicable to such types o…
RCW 74.46.571 Nursing home payment rates—Rules.
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The department shall adopt rules as are necessary and reasonable to effectuate and maintain the new system for establishing nursing home payment rates described in RCW 74.46.561 and the minimum staffing standards described in RCW 74.42.360. The rules must be consistent with the p…
RCW 74.46.581 Separate nursing facility quality enhancement account.
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A separate nursing facility quality enhancement account is created in the custody of the state treasurer. Beginning July 1, 2015, all net receipts from the reconciliation and settlement process provided in RCW 74.46.022(6), as described within RCW 74.46.561, must be deposited int…
RCW 74.46.800 Rule-making authority.
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(1) The department shall have authority to adopt, amend, and rescind such administrative rules and definitions as it deems necessary to carry out the policies and purposes of this chapter and to resolve issues and develop procedures to implement, update, and improve the nursing f…
RCW 74.46.835 AIDS pilot nursing facility—Payment for direct care.
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(1) Payment for direct care at the pilot nursing facility in King county designed to meet the service needs of residents living with AIDS, as defined in *RCW 70.24.017, and as specifically authorized for this purpose under chapter 9, Laws of 1989 1st ex. sess., shall be exempt fr…
RCW 74.46.840 Conflict with federal requirements.
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If any part of this chapter or RCW 18.51.145 or 74.09.120 is found by an agency of the federal government to be in conflict with federal requirements that are a prescribed condition to the receipts of federal funds to the state, the conflicting part of this chapter or RCW 18.51.1…
RCW 74.46.909 Retrospective application—Clarification of chapter 8, Laws of 2001 1st sp. sess.—2008 c 263.
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The legislature clarifies the enactment of *chapter 8, Laws of 2001 1st sp. sess. and intends this act be curative, remedial, and retrospectively applicable to July 1, 1998.[ 2008 c 263 s 5.]Notes:*Reviser's note: For codification of chapter 8, Laws of 2001 1st sp. sess., see Cod…
RCW 74.48.005 Purpose—Findings—Intent.
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(1) It is the intent of the legislature to encourage maximization of financial resources eligible and available for medicaid services by establishing the skilled nursing facility safety net trust fund to receive skilled nursing facility safety net assessments to use in securing f…
RCW 74.48.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Certain high volume medicaid nursing facilities" means the fewest number of facilities necessary with the highest number of medicaid days or total patient days annuall…
RCW 74.48.020 Skilled nursing facility safety net trust fund.
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(1) There is established in the state treasury the skilled nursing facility safety net trust fund. The purpose and use of the fund shall be to receive and disburse funds, together with accrued interest, in accordance with this chapter. Moneys in the fund, including interest earne…
RCW 74.48.030 Assessments.
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(1) In accordance with the redistribution method set forth in 42 C.F.R. Sec. 433.68(e)(1) and (2), the department shall seek a waiver of the broad-based and uniform provider assessment requirements of federal law to exclude certain nursing facilities from the skilled nursing faci…
RCW 74.48.040 Administration and collection.
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(1) The department, in cooperation with the office of financial management, shall develop rules for determining the amount to be assessed to individual skilled nursing facilities, notifying individual skilled nursing facilities of the assessed amount, and collecting the amounts d…
RCW 74.48.050 Exceptions.
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(1) Subject to subsection (4) of this section the department shall exempt the following nursing facility providers from the skilled nursing facility safety net assessment subject to federal approval under 42 C.F.R. Sec. 433.68(e)(2):(a) Continuing care retirement communities;(b) …
RCW 74.48.060 Conditions.
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(1) If the centers for medicare and medicaid services fail to approve any state plan amendments or waiver requests that are necessary in order to implement the applicable sections of this chapter then the assessment authorized in RCW 74.48.040 shall cease to be imposed.(2) Nothin…
RCW 74.48.070 Assessment part of operating overhead.
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The incidence and burden of assessments imposed under this chapter shall be on skilled nursing facilities and the expense associated with the assessments shall constitute a part of the operating overhead of the facilities. Skilled nursing facilities shall not itemize the safety n…
RCW 74.48.080 Enforcement.
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If a nursing facility fails to make timely payment of the safety net assessment, the department may seek a remedy provided by law, including, but not limited to:(1) Withholding any medical assistance reimbursement payments until such time as the assessment amount is recovered;(2)…
RCW 74.48.090 Quality incentive payments.
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(1) The department and the department of health, in consultation with the Washington state health care association, and aging services of Washington, shall design a system of skilled nursing facility quality incentive payments. The design of the system shall be submitted to the r…
RCW 74.48.900 Severability—2011 1st sp.s. c 7.
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Except as provided in RCW 74.48.060, if any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.[ 2011 1st sp.s. c 7 s 24.]
RCW 74.48.901 Effective date—2011 1st sp.s. c 7.
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This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011.[ 2011 1st sp.s. c 7 s 26.]
RCW 74.55.010 Demonstration sites—Selection criteria—Definition.
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(1) The secretary shall establish demonstration sites for statewide implementation of a children's system of care. The demonstration sites shall be selected using the following criteria:(a) The system administrator must be the recipient of funding by the federal center for mental…
RCW 74.55.020 Goals.
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The goals of the children's system of care are to:(1) Maintain a multiagency collaborative planning and system management mechanism at the state and local levels through the establishment of an oversight committee at the local level in accordance with the principles and program r…
RCW 74.55.030 Collaboration contract or memorandum of understanding.
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The secretary shall assure collaboration with each demonstration site by child-serving entities operated directly by the department or by departmental contractors. A collaboration contract or memorandum of understanding shall be developed by the demonstration site and the secreta…
RCW 74.55.050 Funding—Report.
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Funding for children's system of care projects following the expiration of the federal grant shall be determined using the process established in RCW 74.14A.060 and funded children's system of care projects shall be included in the annual report required by that section.[ 2002 c …