Wash. Admin. Code § 388-97-2000 - Preadmission screening and resident review (PASRR) determination and appeal rights

(1) The resident has the right to choose to remain in the nursing facility and receive specialized services if:

(a) He or she has continuously resided in a nursing facility since October 1, 1987; and

(b) The department determined, in 1990, that the resident required specialized services for a serious mental illness or developmental disability but did not require nursing facility services.

(2)

A nursing facility resident who has been adversely impacted by a PASRR determination may appeal the department's determination that the individual is:

(a) Not in need of nursing facility care as defined under WAC 388-106-0350 through 388-106-0360;

(b) Not in need of specialized services as defined under WAC 388-97-1910; or

(c) In need of specialized services as defined under WAC 388-97-1910.

(3) The nursing facility must assist a resident, as needed, in requesting a hearing to appeal the department's PASRR determination.

Notes

Wash. Admin. Code § 388-97-2000

Amended by WSR 15-18-026, Filed 8/25/2015, effective 9/25/2015

Reviser's note:RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. 08-20-062, § 388-97-2000, filed 9/24/08, effective 11/1/08.