On June 23, 2020, the Department of Social and Health Services (the department) filed an emergency rule (WSR 20-14-026) related to fire drills, windows in resident rooms and quality assurance requirements in response to the significant threat of COVID-19. Since then, the department filed extensions to maintain the emergency rules.

The department filed a CR-103E (WSR 22-04-038), effective February 3, 2022, to extend the amended rule. The emergency rules will be effective for 120 days. The rule expires on May 26, 2022. These are the amended rules:

• WAC 388-97-1740 waives the requirement for periodic fire drills. Training on responding to a fire is still required.
• WAC 388-97-1760 reduces the scope of quality assurance activities. Facilities must continue to review adverse events and infection control.
• WAC 388-97-2400 waives the requirement for a transparent glass window. This will increase the ability for facilities to increase capacity temporarily by utilizing windowless space for resident rooms.

The adoption of the emergency rule helps to align state rules with rules the Centers for Medicare and Medicaid Services (CMS) has waived or amended in response to the COVID-19 pandemic. Additionally, DSHS filed a CR-101 (WSR 20-21-034) on October 12, 2020 to begin permanent rule making on the above rules and other related rules.

ALTSA: NH #2022-013

Questions?

Contact:

Laura Hofmann, MSN, RN – Director of Clinical and Nursing Facility Regulatory Services
c: 425-231-4804