ALTSA: NH #2021-035; CR-103E Filed to Extend Emergency Rule Amending Nursing Home Requirements Related to Clinical Records

ALTSA: NH #2021-035; CR-103E Filed to Extend Emergency Rule Amending Nursing Home Requirements Related to Clinical Records

Residential Care Services (RCS) filed an emergency rule (WSR 20-11-043) effective May 15, 2020, related to WAC 388-97-0300 and clinical records. The rule was amended in response to the significant threat of COVID-19. The rule was extended on September 12, 2020 (WSR 20-19- 040), and extended again on January 8, 2021 (WSR 21-02-074). The last extension expired on May 5, 2021.

On May 5, 2021, RCS filed a CR-103E (WSR 21-10-073) to extend the amended rule for a third time. The rule expires on August 31, 2021.

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 to ten days. The amendment does not permit the nursing facility to deny the resident access to records.

The adoption of the emergency rule helps to align the state rule with rules the Centers for Medicare and Medicaid Services (CMS) has waived or amended in response to the COVID-19 pandemic.

Additionally, RCS filed a CR-101 (WSR 20-19-009) on September 3, 2020 to begin permanent rule making on WAC 388-97-0300 and other related rules. The CR-101 document is available on Aging and Long Term Support Administration’s (ALTSA) Information for Nursing Home Professionals web page, under “NH Rule Filings”.

Thank you for your continued commitment to resident health and safety. If you have any questions, including how to participate in the rule-making process, please contact Lisa Herke, Nursing Home Policy Program Manager, at (509) 209-3088 or lisa.herke@dshs.wa.gov

See letter here

 

Questions?

Contact:

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

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May 10, 2021