2005 Washington Revised Code RCW 74.46.091: Additional reporting requirements for quality maintenance fee. (Effective until July 1, 2007.)

(1) By July 1st of each year, each nursing facility operator shall file a report with the department of social and health services listing the patient days and the gross income for the prior calendar year for each nursing facility that he or she operates.

     (2) By August 1, 2003, the department of social and health services shall submit for approval to the federal department of health and human services a request for a waiver pursuant to 42 C.F.R. 433.68. The waiver shall identify the nursing facilities that the department proposes to exempt from the quality maintenance fee. Those facilities shall include at least:

     (a) Nursing facilities operated by any agency of the state of Washington;

     (b) Nursing facilities operated by a public hospital district; and

     (c) As many nursing facilities with no or disproportionately low numbers of medicaid-funded residents as, within the judgment of the department, may be exempted from the fee pursuant to 42 C.F.R. 433.68.

     (3) The department of social and health services shall notify the department of revenue and the nursing facility operator of the nursing facilities that would be exempted from the quality maintenance fee pursuant to the waiver request submitted to the federal department of health and human services. The nursing facilities included in the waiver request may withhold payment of the fee pending final action by the federal government on the request for waiver.

     (4) If the request for waiver is approved, the department of social and health services shall notify the department of revenue and the nursing facility operator that no quality maintenance fee is due from the facility. If the request for waiver is denied, nursing facility operators who have withheld payment of the fee shall pay all such fees as have been withheld. No interest or penalties shall be due upon such withheld payments for the period during which final federal action was pending.

     (5) The department of social and health services shall take whatever action is necessary to continue the waiver from the federal government.

     (6) The department of social and health services may adopt such rules, in accordance with chapter 34.05 RCW, as necessary to provide for effective administration of this section and *RCW 74.46.535.

[2003 1st sp.s. c 16 § 4.]

*Reviser's note: RCW 74.46.535 was repealed by 2006 c 241 § 1, effective July 1, 2007.      Contingent expiration date -- Severability -- Effective date -- 2003 1st sp.s. c 16: See notes following RCW 82.71.020.