Proclamation 20-05 and 20-65, et seq. 20-65.5 Long Term Care

PROCLAMATION BY THE GOVERNOR

AMENDING PROCLAMATIONS 20-05 and 20-65, et seq.

20-65.5

Long Term Care – Workers, Facilities, and Resources

WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of

Emergency for all counties throughout the state of Washington as a result of the coronavirus

disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread

of COVID-19 in Washington State; and

WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant progression

in Washington State, and the high risk it poses to our most vulnerable populations, I have subsequently

issued several amendatory proclamations, exercising my emergency powers under RCW 43.06.220 by

prohibiting certain activities and waiving and suspending specified laws and regulations; and

WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person to person

which may result in serious illness or death and has been classified by the World Health Organization

as a worldwide pandemic, has broadly spread throughout Washington State and remains a significant

health risk to all of our people, especially members of our most vulnerable populations; and

WHEREAS, the worldwide COVID-19 pandemic and its progression in Washington State continue

to threaten the life and health of our people as well as the economy of Washington State, and remain a

public disaster affecting life, health, property or the public peace; and

WHEREAS, there is an increased risk of rapid spread of COVID-19 among persons who live and

work in congregate settings, and many residents and workers at long-term care facilities are at

increased risk for severe COVID-19; and

WHEREAS, to mitigate the increased risk of rapid spread of COVID-19 among residents and

workers, congregate living facilities have increased physical distancing protocols, heightened

screening upon entrance and exit, instituted more intensive cleaning protocols, and taken a variety of

other measures; and

WHEREAS, the measures taken in congregate settings to respond to the COVID-19 pandemic have

resulted in unprecedented demands on the resources and caregivers necessary to provide essential

services in Washington State’s congregate living facilities; and

WHEREAS, as an added challenge to meeting the resource and workforce needs of our congregate

living facilities, the outbreak of COVID-19 has significantly reduced the availability of long-term care

workers in the state in recent weeks; and

WHEREAS, long-term care workers are required to complete specific training, testing and

certification requirements by dates certain, yet necessary class offerings, testing opportunities, and

certification processing have been disrupted and cancelled because of the COVID-19 pandemic,

exacerbating the long-term care worker shortage throughout Washington State; and

WHEREAS, due to physical distancing and group size requirements, training class sizes held during

early phases of reopening must be smaller, and it will take significant time for workers to receive

training and testing to fully meet licensing and certification requirements and resume their positions

with long-term care facilities or as individual providers to clients in the community; and

WHEREAS, if the existing waivers for fingerprint background check requirements for Adult Family

Homes, Assisted Living Facilities, Enhanced Services Facilities, and in-home providers are not

extended, staff who have been or are unable to obtain fingerprint background checks as a result of the

COVID-19 pandemic cannot provide services while they wait for fingerprint test sites to become fully

operational and address the backlog of customers; and

WHEREAS, long-term care facilities are required to meet specific construction reviews, at times,

certificate of need requirements, and inspections by dates certain or at specified intervals, yet necessary

personnel and resources to process those requirements are unavailable or cannot be utilized due to

restrictions implemented in response to the COVID-19 pandemic; and

WHEREAS, restrictions and staff shortages related to the COVID-19 pandemic, to include possible

quarantine of residential long-term care facilities such as nursing homes, may hinder safe reviews,

certificate issuance, and inspection and survey activities; and

WHEREAS, to maintain availability of facilities, staffing, and resources in our congregate living

system at levels necessary to safely provide essential services during the current COVID-19 pandemic,

agencies and other entities operating congregate living facilities have utilized a variety of interim

licenses, waiver of certain certification, inspection, administrative requirements, and other programs

that are temporary in nature; and

WHEREAS, to prevent expiration of these temporary programs and the resulting loss of necessary

facilities, staffing, and resources, I previously issued Proclamations 20-06, 20-10, 20-16, 20-17, 20-18,

20-37, et. seq., 20-38, et seq., and 20-52, et seq., waiving and suspending specified statutes and rules

relating to facilities, staffing, and resources at congregate living and care facilities and other related

subjects; and

WHEREAS, because the waivers, suspensions and prohibitions contained in Proclamations 20-10,

20-18, 20-37, et seq., 20-38, et seq., and 20-52, et seq., address a variety of topics some of which are

also addressed by other proclamations, orders and guidance documents, I issued Proclamations 20-65,

20-66, and 20-74 dividing some of the waivers, suspensions and prohibitions into their topical areas

and cross-reference applicable orders and guidance documents, to assist in the understanding,

administration and implementation of those waivers, suspensions and prohibitions; and

WHEREAS, under the provisions of RCW 43.06.220(4), the statutory waivers and suspensions

contained in Proclamations 20-10, 20-18, 20-37 et seq., 20-38 et seq., and 20-52 et seq., had been

periodically extended with certain modifications, by the leadership of the Washington State Senate and

House of Representatives until the termination of the COVID-19 State of Emergency, and which I

acknowledged and similarly extended the prohibitions and the waiver and suspension of rules therein

with certain modifications in subsequent proclamations; and

WHEREAS, under the provisions of RCW 43.06.220(4), the statutory waivers and suspensions in

Proclamation 20-65, et seq., including all of the prior proclamations’ statutory waivers and suspensions

contained therein, except numbered paragraph 30 (at my request), were extended by the leadership of

the Washington State Senate and House of Representatives, and which I acknowledged and similarly

extended the prohibitions and the waiver and suspension of rules therein in subsequent proclamations;

and

WHEREAS, on January 15, 2021, under the provisions of RCW 43.06.220(4), the statutory waivers

and suspensions of Proclamation 20-65, et seq., were extended by Senate Concurrent Resolution 8402

until the termination of the state of emergency pursuant to RCW 43.06.210, or until rescinded,

whichever occurs first; and

WHEREAS, to fully extend Proclamation 20-65, et seq., it is also necessary for me to extend the

prohibitions and the waiver and suspension of rules provided therein; and

WHEREAS, the Washington State Department of Health continues to maintain a Public Health

Incident Management Team in coordination with the State Emergency Operations Center and other

supporting state agencies to manage the public health aspects of the incident; and

WHEREAS, the Washington State Military Department Emergency Management Division, through

the State Emergency Operations Center, continues coordinating resources across state government to

support the Department of Health and local health officials in alleviating the impacts to people,

property, and infrastructure, and continues coordinating with the Department of Health in assessing

the impacts and long-term effects of the incident on Washington State and its people; and

NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the above-

noted situation, and under Chapters 38.08, 38.52 and 43.06 RCW, do hereby proclaim that a State of

Emergency continues to exist in all counties of Washington State, that Proclamation 20-05 and all

amendments thereto remain in effect as otherwise amended, and that Proclamation 20-65, et seq., is

amended to (1) recognize the extensions of statutory waivers and suspensions by the Washington

State Legislature until the earlier of the termination of the COVID-19 State of Emergency or until

rescinded, and (2) similarly extend the prohibitions and waiver and suspension of rules until the

termination of the COVID-19 State of Emergency until rescinded, whichever occurs first.

I again direct that the plans and procedures of the Washington State Comprehensive Emergency

Management Plan be implemented throughout state government. State agencies and departments are

directed to continue utilizing state resources and doing everything reasonably possible to support

implementation of the Washington State Comprehensive Emergency Management Plan and to assist

affected political subdivisions in an effort to respond to and recover from the COVID-19 pandemic.

I continue to order into active state service the organized militia of Washington State to include the

National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The

Adjutant General to address the circumstances described above, to perform such duties as directed by

competent authority of the Washington State Military Department in addressing the outbreak.

Additionally, I continue to direct the Department of Health, the Washington State Military

Department Emergency Management Division, and other agencies to identify and provide

appropriate personnel for conducting necessary and ongoing incident related assessments.

Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).

Signed and sealed with the official seal of the state of Washington on this 19th day of January, A.D.,

Two Thousand and Twenty-One at Olympia, Washington.

By:

/s/

Jay Inslee, Governor

BY THE GOVERNOR:

/s/

Secretary of State