Governor Inslee Issues Proclamation – Transfers and Discharge Waivers

Governor Inslee Issues Proclamation – Transfers and Discharge Waivers

Last Friday afternoon, Governor Inslee released Proclamation 21-15, which suspends and waives certain statutes in order to allow nursing homes to transfer or discharge residents to other long-term care facilities. This order was effective immediately and expires at 11:59 pm on October 2, 2021, unless extended.  Specific regulations suspended or waived-

  1. RCW 74.42.450(6) in its entirety.
  2. WAC 388-97-0140(1)(c)(ii) in its entirety.
  3. WAC 388-97-0140(2) in its entirety.

We were hoping this was the precursor to an announcement about COVID specific units, however, we have since learned that OFM has not and may not approve funding for COVID units in skilled nursing facilities.  A discussion is still ongoing about the safe practice of using LTC as COVID designated units.  

At this time, there appears to be some interest among stakeholders and lead agency staff to create a separate free-standing facility to serve as a place to receive Covid patients from hospitals, treat with monoclonal antibodies, and accept other hard to place hospital patients.  

We are very disappointed that more immediate solutions we have offered have not yet been accepted – revise LHJ holds on admit criteria when long term care has staff and has beds available, but staff test positive as a result of outside community transmission, deploy rapid response staff teams to work in long term care settings and improve funding so we can hire and retain staff.  

We will continue to advocate for much needed and immediate solutions and keep you updated.




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

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September 8, 2021