In the case of a nursing home licensee, requesting to convert
some of the nursing home beds to an alternative use, as defined in
RCW
70.38.111(8), or reduce the
number of beds per room to two or one, or otherwise enhance the quality of life
for residents and preserve the right to later convert the original portion of
the facility back to skilled nursing care, the nursing home shall give notice
of intent to preserve its conversion options to the department of
health.
(1) Notice of the nursing
homes intent to preserve conversion options shall be given to the department of
health no later than thirty days after the effective date of the license
modification made by the nursing home licensing authority. Such notices shall
be signed by the licensee and include the following:
(a) A description of the alternative service
to be provided or a description of how the proposed bed banking will have a
direct and immediate benefit to the quality of life of the residents and a
listing of the number of beds, by room number;
(b) A projected timeline for implementation;
and
(c) In the event the nursing
home licensee, as defined by WAC
246-310-010, is not the nursing
home owner, the licensee shall document whether the building owner has a
secured interest in the beds.
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If the building owner does have a secured interest
in the beds, the licensee shall provide a written statement, signed by the
building owner, indicating approval of the bed reduction.
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If the building owner does not have a secured
interest in the beds, the licensee shall provide documentation showing that the
building owner has been notified of the bed reduction.
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(2) The department shall notify the nursing
home, as to whether the proposal meets the requirements of
RCW
70.38.111(8)(a) and if
conversion rights are recognized. The nursing home does not forfeit its right
to bank beds under this section if the department does not respond within this
thirty-day time frame, nor does the nursing home obtain rights that it
otherwise would not have under applicable statutes or rules if the department
does not respond within the thirty-day time frame.
(3) The licensee shall notify the department
of health at the time the alternative service or services commences.
(4) In the event the facility decides to
modify the room numbers or alternative uses for the beds that have been banked,
notification to the department is necessary to assure continued compliance with
RCW
70.38.111(8)(a) and WAC
246-310-395.
(5) Notice of intent to convert beds back to
nursing home bed use shall be given to the department of health and the
department of social and health services a minimum of ninety days prior to the
effective date of the licensure modification made by the nursing home licensing
authority reflecting the restored beds unless construction is required to
convert the beds back. In the event the beds are not converted back to nursing
home beds within sixty days of the date stated in the notice of intent, a
notice of intent will need to be resubmitted a minimum of ninety days prior to
the effective date of the licensure modification.
(6) In the event construction is required to
convert beds back to nursing home bed use, notice shall be given to the
department of health and department of social and health services a minimum of
one year prior to the effective date of licensure modification made by the
nursing home licensing authority reflecting the restored beds. The same life
and safety code requirements as existed at the time the nursing home
voluntarily reduced its licensed beds shall be complied with unless waivers
from such requirements were issued, in which case the converted beds shall
reflect the conditions or standards that then existed pursuant to the approved
waivers. In the event the beds are not converted back to nursing home beds
within sixty days of the date stated in the notice of intent, a notice of
intent will need to be resubmitted a minimum of one year prior to the effective
date of the licensure modification. The term "construction," as used in this
section, is limited to those projects that are expected to equal or exceed the
expenditure minimum amount, as determined under chapter 70.38 RCW.
(7) Prior to any license modification to
convert beds back to nursing home beds under this section, the licensee must
demonstrate that the nursing home meets the certificate of need exemption
requirements under WAC
246-310-043.
