Transfers and Discharges in Adult Family Homes
The Adult Family Home Council is writing to share an important update that may affect how transfers and discharges are handled in adult family homes.
The Washington State Health Care Authority (HCA) has filed a CR-101 to begin rulemaking on a new section, WAC 182-526-0207. This proposed rule would clarify that residents of adult family homes, assisted living facilities, and enhanced services facilities would not be able to request an administrative hearing through the Office of Administrative Hearings (OAH) for transfer or discharge decisions. That type of hearing would apply only to residents in nursing facilities.
What this means for AFHs
In plain terms, if this rule is adopted, it would mean that adult family home discharge decisions would not be delayed by this specific type of administrative appeal process.
Right now, when a discharge is appealed through OAH, it can put everything on hold for months. During that time, providers are often still responsible for the resident’s care, even in situations where:
The resident is no longer a good fit for the home
There are safety concerns
The resident is refusing care or services
Payment or participation is not being made
This proposal is intended to clarify that this particular appeals process was not meant to apply to adult family homes. If adopted, it should help reduce delays tied to OAH hearings and allow providers to move forward more appropriately with discharge processes.
At the same time, this does not remove all resident protections. Adult family homes are still required to follow all state rules around transfers and discharges, including proper notice, coordination with case managers, and ensuring safe and appropriate transitions.
Share your experience
A CR-101 is the first step in the rulemaking process, which means nothing has changed yet. The state is asking for input before drafting the full rule.
The Adult Family Home Council will be submitting comments on this proposal and wants to make sure your experiences are included. If you have dealt with delays, challenges, or difficult situations related to discharges or appeals, we encourage you to share your story with us.
Please reach out to the Council so we can include your feedback in our submission.
Not a Member Yet?
Membership fees enable the Council to cover legal expenses and fund staff to advocate with the state and regulatory agencies. The participation of every adult family home is vital to ensuring fair regulations and rates that accurately reflect the costs of caring for our vulnerable adults. Consider becoming a member of the Council to help us continue improving conditions for all adult family homes in Washington State.