February 2009
In 2008 a bill was signed into law in the state of Washington that required assisted living providers (called boarding homes in the state of Washington) that were participating in the Medicaid program as of March 28, 2008 and that withdrew from the Medicaid program after that date, be required to continue to provide services to residents receiving Medicaid on the date of withdrawal and to private pay residents who would become eligible for Medicaid within 180 days of withdrawal. On January 14, 2009 the federal district court granted a declaratory judgment that this section of the law was unconstitutional. Attached is a copy of that decision. As a reminder this law also included disclosure provisions for providers and that part of the law remains in effect.