Proclamation 20-19.4 regarding the eviction moratorium and rent freeze has officially been extended, until December 31st 2020, and signed by the Governor.

As expected, the proclamation does contain the needed clarification that allows long term care providers to issue customary fee increases and new charges can be imposed for reasonable COVID-19 related costs. This includes all setting types, including CCRCs (Life Plan Communities) and the independent living portion of a licensed assisted living community. Providers must provide notice of fee increases consistent with RCW 70.129.005, RCW 74.42.030, or any other setting specific regulations regarding notice of fee increases. You must also provide any applicable notice of change of services or care.  

Discharges are permitted if the private pay resident exhausts resources and is eligible for Medicaid and the provider is not contracted to accept Medicaid payment or provide care and services and for other permitted safety and health reasons. If the private pay resident has the funds and is able to pay for their continued care, the proclamation does not permit the individual to withhold such payment.  

Below is the language in the proclamation that addresses the recent clarifications to long term care.

The preceding prohibitions do not apply to operators of long-term care facilities licensed or certified by the Department of Social and Health Services to prevent them from taking action to appropriately, safely, and lawfully transfer or discharge a resident for health or safety reasons, or a change in payer source that the facility is unable to accept, in accordance with the laws and rules that apply to those facilities. Additionally, the above prohibition against increasing, or threatening to increase, the rate of rent for any dwelling does not apply to customary changes in the charges or fees for cost of care (such as charges for personal care, utilities, and other reasonable and customary operating expenses), or reasonable charges or fees related to COVID-19 (such as the costs of PPE and testing), as long as these charges or fees are outlined in the long-term care facility’s notice of services and are applied in accordance with the laws and rules that apply to those facilities, including any advance notice requirement.

Please let me know if you have any questions. This is good news and welcome relief.

Alyssa Odegaard- Vice President, Public Policy 

c: 206.948.2279