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(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.