(1) The purpose of this section is to prohibit
discrimination against medicaid recipients by nursing homes which
have contracted with the department to provide skilled or
intermediate nursing care services to medicaid recipients.
(2) A nursing facility shall readmit a resident, who has
been hospitalized or on therapeutic leave, immediately to the
first available bed in a semiprivate room if the resident:
(a) Requires the services provided by the facility; and
(b) Is eligible for medicaid nursing facility services.
(3) It shall be unlawful for any nursing home which has a
medicaid contract with the department:
(a) To require, as a condition of admission, assurance from
the patient or any other person that the patient is not eligible
for or will not apply for medicaid;
(b) To deny or delay admission or readmission of a person to
a nursing home because of his or her status as a medicaid
recipient;
(c) To transfer a patient, except from a private room to
another room within the nursing home, because of his or her
status as a medicaid recipient;
(d) To transfer a patient to another nursing home because of
his or her status as a medicaid recipient;
(e) To discharge a patient from a nursing home because of
his or her status as a medicaid recipient; or
(f) To charge any amounts in excess of the medicaid rate
from the date of eligibility, except for any supplementation
permitted by the department pursuant to RCW 18.51.070.
(4) Any nursing home which has a medicaid contract with the
department shall maintain one list of names of persons seeking
admission to the facility, which is ordered by the date of
request for admission. This information shall be retained for
one year from the month admission was requested. However, except
as provided in subsection (2) of this section, a nursing facility
is permitted to give preferential admission to individuals who
seek admission from a boarding home, licensed under chapter 18.20 RCW, or from independent retirement housing, provided the nursing
facility is owned by the same entity that owns the boarding home
or independent housing which are located within the same
proximate geographic area; and provided further, the purpose of
such preferential admission is to allow continued provision of:
(a) Culturally or faith-based services, or (b) services provided
by a continuing care retirement community as defined in RCW 70.38.025.
(5) The department may assess monetary penalties of a civil
nature, not to exceed three thousand dollars for each violation
of this section.
(6) Because it is a matter of great public importance to
protect senior citizens who need medicaid services from
discriminatory treatment in obtaining long-term health care, any
violation of this section shall be construed for purposes of the
application of the consumer protection act, chapter 19.86 RCW, to
constitute an unfair or deceptive act or practice or unfair
method of competition in the conduct of trade or commerce.
(7) It is not an act of discrimination under this chapter to
refuse to admit a patient if admitting that patient would prevent
the needs of the other patients residing in that facility from
being met at that facility, or if the facility's refusal is
consistent with subsection (4) of this section.
[2004 c 34 § 1; 1987 c 476 § 30; 1985 c 284 § 3.]
NOTES:
Effective date -- 2004 c 34: "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 immediately [March 22, 2004]." [2004 c 34 § 2.]