reglab/housing_qa huggingface dataset:
WA Rev Code § 18.51.410 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.410 - Receivership—Petition to establish—Grounds.

RCW 18.51.410 Receivership—Petition to establish—Grounds.A petition to establish a receivership shall allege that one or more of the following conditions exist and that the current operator has demonstrated an inability or unwillingness to take actions necessary to immediately correct the conditions alleged:(1) The facility is operating without a license;(2) The facility has not given the department prior written notice of its intent to close and has not made arrangements within thirty days before closure for the orderly transfer of its residents: PROVIDED, That if the facility has given the department prior written notice but the department has not acted with all deliberate speed to transfer the facility's residents, this shall bar the filing of a petition under this subsection;(3) The health, safety, or welfare of the facility's residents is immediately jeopardized;(4) The facility demonstrates a pattern and practice of violating chapter 18.51 or 74.42 RCW and rules adopted thereunder such that the facility has demonstrated a repeated inability to maintain minimum patient care standards; or(5) The facility demonstrates a pattern or practice of violating a condition level as defined by the federal government under the authority of Title XIX of the social security act.The department may file a petition in the superior court in the county in which the nursing home is located or in the superior court of Thurston county. The current or former operator or licensee and the owner of the nursing home, if different than the operator or licensee, shall be made a party to the action. The court shall grant the petition if it finds, by a preponderance of the evidence, that one or more of the conditions listed in subsections (1) through (5) of this section exists and, subject to RCW 18.51.420, that the current operator is unable or unwilling to take actions necessary to immediately correct the conditions.[ 1989 c 372 § 10; 1987 c 476 § 10.]
WA Rev Code § 18.51.420 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.420 - Receivership—Defenses to petition.

RCW 18.51.420 Receivership—Defenses to petition.It shall be a defense to the petition to establish a receivership that the conditions alleged do not in fact exist. It shall not be a defense to the petition to allege that the respondent did not possess knowledge of the alleged condition or could not have been reasonably expected to know about the alleged condition. In a petition that alleges that the health, safety, or welfare of the residents of the facility is at issue, it shall not be a defense to the petition that the respondent had not been afforded a reasonable opportunity to correct the alleged condition.[ 1987 c 476 § 11.]
WA Rev Code § 18.51.430 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.430 - Receivership—Persons qualified to act as receiver.

RCW 18.51.430 Receivership—Persons qualified to act as receiver.A petition for receivership shall include the name of the candidate for receiver. The department shall maintain a list of qualified persons to act as receivers, however, no person may be considered to be qualified to be a receiver who:(1) Is the owner, licensee, or administrator of the facility;(2) Is affiliated with the facility;(3) Has a financial interest in the facility at the time the receiver is appointed; or(4) Has owned or operated a nursing home that has been ordered into receivership.If a receiver is appointed, he or she may be drawn from the list but need not be, but an appointee shall have experience in providing long-term health care and a history of satisfactory operation of a nursing home. Preference may be granted to persons expressing an interest in permanent operation of the facility.[ 1989 c 372 § 3; 1987 c 476 § 12.]
WA Rev Code § 18.51.440 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.440 - Receivership—Judicial hearing.

RCW 18.51.440 Receivership—Judicial hearing.Upon receipt of a petition for receivership, the court shall hear the matter within fourteen days. Temporary relief may be obtained under chapter 7.40 RCW and other applicable laws. In all actions arising under RCW 18.51.410 through 18.51.530, the posting of a certified copy of the summons and petition in a conspicuous place in the nursing home shall constitute service of those documents upon the respondent.[ 1989 c 372 § 11; 1987 c 476 § 13.]
WA Rev Code § 18.51.450 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.450 - Receivership—Appointment of receiver.

RCW 18.51.450 Receivership—Appointment of receiver.Upon agreement of the candidate for receiver to the terms of the receivership and any special instructions of the court, the court may appoint that person as receiver of the nursing home if the court determines it is likely that a permanent operator will be found or conditions will be corrected without undue risk of harm to the patients. Appointment of a receiver may be in lieu of or in addition to temporary removal of some or all of the patients in the interests of their health, security, or welfare. A receiver shall be appointed for a term not to exceed six months, but a term may be extended for good cause shown.[ 1987 c 476 § 14.]
WA Rev Code § 18.51.460 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.460 - Receivership—Termination—Conditions.

RCW 18.51.460 Receivership—Termination—Conditions.(1) The receivership shall terminate:(a) When all deficiencies have been eliminated and the court determines that the facility has the management capability to ensure continued compliance with all requirements; or(b) When all residents have been transferred and the facility closed.(2) Upon the termination of a receivership, the court may impose conditions to assure the continued compliance with chapters 18.51 and 74.42 RCW, and, in the case of medicaid contractors, continued compliance with Title XIX of the social security act, as amended, and regulations promulgated thereunder.[ 1989 c 372 § 12; 1987 c 476 § 15.]
WA Rev Code § 18.51.470 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.470 - Receivership—Accounting of acts and expenditures by receiver.

RCW 18.51.470 Receivership—Accounting of acts and expenditures by receiver.The receiver shall render to the court an accounting of acts performed and expenditures made during the receivership. Nothing in this section relieves a court-appointed receiver from the responsibility of making all reports and certifications to the department required by law and regulation relating to the receiver's operation of the nursing home, the care of its residents, and participation in the medicaid program, if any.[ 1987 c 476 § 16.]
WA Rev Code § 18.51.480 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.480 - Receivership—Compensation, liability—Revision of medicaid reimbursement rate.

RCW 18.51.480 Receivership—Compensation, liability—Revision of medicaid reimbursement rate.If a receiver is appointed, the court shall set reasonable compensation for the receiver to be paid from operating revenues of the nursing home. The receiver shall be liable in his or her personal capacity only for negligent acts, intentional acts, or a breach of a fiduciary duty to either the residents of the facility or the current or former licensee or owner of the facility.The department may revise the nursing home's medicaid reimbursement rate, consistent with reimbursement principles in chapter 74.46 RCW and rules adopted under that chapter, if revision is necessary to cover the receiver's compensation and other reasonable costs associated with the receivership and transition of control. Rate revision may also be granted if necessary to cover start-up costs and costs of repairs, replacements, and additional staff needed for patient health, security, or welfare. The property return on investment components of the medicaid rate shall be established for the receiver consistent with reimbursement principles in chapter 74.46 RCW. The department may also expedite the issuance of necessary licenses, contracts, and certifications, temporary or otherwise, necessary to carry out the purposes of receivership.[ 1987 c 476 § 17.]
WA Rev Code § 18.51.490 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.490 - Receivership—Powers of receiver.

RCW 18.51.490 Receivership—Powers of receiver.Upon appointment of a receiver, the current or former licensee or operator and managing agent, if any, shall be divested of possession and control of the nursing home in favor of the receiver who shall have full responsibility and authority to continue operation of the home and the care of the residents. The receiver may perform all acts reasonably necessary to carry out the purposes of receivership, including, but not limited to:(1) Protecting the health, security, and welfare of the residents;(2) Remedying violations of state and federal law and regulations governing the operation of the home;(3) Hiring, directing, managing, and discharging all consultants and employees for just cause; discharging the administrator of the nursing home; recognizing collective bargaining agreements; and settling labor disputes;(4) Receiving and expending in a prudent manner all revenues and financial resources of the home; and(5) Making all repairs and replacements needed for patient health, security, and welfare: PROVIDED, That expenditures for repairs or replacements in excess of five thousand dollars shall require approval of the court which shall expedite approval or disapproval for such expenditure.Upon order of the court, a receiver may not be required to honor leases, mortgages, secured transactions, or contracts if the rent, price, or rate of interest was not a reasonable rent, price, or rate of interest at the time the contract was entered into or if a material provision of the contract is unreasonable.[ 1987 c 476 § 18.]
WA Rev Code § 18.51.500 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.500 - Receivership—Financial assistance—Use of revenues and proceeds of facility.

RCW 18.51.500 Receivership—Financial assistance—Use of revenues and proceeds of facility.Upon order of the court, the department shall provide emergency or transitional financial assistance to a receiver not to exceed thirty thousand dollars. The receiver shall file with the court an accounting for any money expended. Any emergency or transitional expenditure made by the department on behalf of a nursing home not certified to participate in the Medicaid Title XIX program shall be recovered from revenue generated by the facility which revenue is not obligated to the operation of the facility. An action to recover such sums may be filed by the department against the former licensee or owner at the time the expenditure is made, regardless of whether the facility is certified to participate in the Medicaid Title XIX program or not.In lieu of filing an action, the department may file a lien on the facility or on the proceeds of the sale of the facility. Such a lien shall take priority over all other liens except for liens for wages to employees. The owner of the facility shall be entitled to the proceeds of the facility or the sale of the facility to the extent that these exceed the liabilities of the facility, including liabilities to the state, receiver, employees, and contractors, at the termination of the receivership.Revenues relating to services provided by the current or former licensee, operator, or owner and available operating funds belonging to such licensee, operator, or owner shall be under the control of the receiver. The receiver shall consult the court in cases of extraordinary or questionable debts incurred prior to his or her appointment and shall not have the power to close the home or sell any assets of the home without prior court approval.Priority shall be given to debts and expenditures directly related to providing care and meeting the needs of patients. Any payment made to the receiver shall discharge the obligation of the payor to the owner of the facility.[ 1989 c 372 § 4; 1987 c 476 § 19.]
WA Rev Code § 18.51.510 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.510 - Receivership—State medical assistance.

RCW 18.51.510 Receivership—State medical assistance.If the nursing home is providing care to recipients of state medical assistance, the receiver shall become the medicaid contractor for the duration of the receivership period and shall assume all reporting and other responsibilities required by applicable laws and regulations. The receiver shall be responsible for the refund of medicaid rate payments in excess of costs during the period of the receivership.[ 1987 c 476 § 20.]
WA Rev Code § 18.51.520 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.520 - Receivership—Foreclosures and seizures not allowed.

RCW 18.51.520 Receivership—Foreclosures and seizures not allowed.No seizure, foreclosure, or interference with nursing home revenues, supplies, real property, improvements, or equipment may be allowed for the duration of the receivership without prior court approval.[ 1987 c 476 § 21.]
WA Rev Code § 18.51.530 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.530 - Notice of change of ownership or management.

RCW 18.51.530 Notice of change of ownership or management.At least sixty days before the effective date of any change of ownership, change of operating entity, or change of management of a nursing home, the current operating entity shall notify separately and in writing, each resident of the home or the resident's guardian of the proposed change. The notice shall include the identity of the proposed new owner, operating entity, or managing entity and the names, addresses, and telephone numbers of departmental personnel to whom comments regarding the change may be directed. If the proposed new owner, operating entity, or managing entity is a corporation, the notice shall include the names of all officers and the registered agent in the state of Washington. If the proposed new owner, operating entity, or managing entity is a partnership, the notice shall include the names of all general partners. This section shall apply regardless of whether the current operating entity holds a medicaid provider contract with the department and whether the operating entity intends to enter such a contract.[ 1987 c 476 § 22.]
WA Rev Code § 18.51.540 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.540 - Cost disclosure to attending physicians.

RCW 18.51.540 Cost disclosure to attending physicians.(1) The legislature finds that the spiraling costs of nursing home care continue to surmount efforts to contain them, increasing at approximately twice the inflationary rate. The causes of this phenomenon are complex. By making nursing home facilities and care providers more aware of the cost consequences of care services for consumers, these providers may be inclined to exercise more restraint in providing only the most relevant and cost-beneficial services and care, with a potential for reducing the utilization of those services. The requirement of the nursing home to inform physicians, consumers, and other care providers of the charges of the services that they order may have a positive effect on containing health costs.(2) All nursing home administrators in facilities licensed under this chapter shall be required to develop and maintain a written procedure for disclosing patient charges to attending physicians with admitting privileges. The nursing home administrator shall have the capability to provide an itemized list of the charges for all health care services that may be ordered by a physician. The information shall be made available on request of consumers, or the physicians or other appropriate health care providers responsible for prescribing care.[ 1993 c 492 § 268.]NOTES:Findings—Intent—1993 c 492: See notes following RCW 43.20.050.Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
WA Rev Code § 18.51.550 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.550 - Investigation of complaints of violations concerning nursing technicians.

RCW 18.51.550 Investigation of complaints of violations concerning nursing technicians.The department shall investigate complaints of violations of RCW 18.79.350 and 18.79.360 by an employer. The department shall maintain records of all employers that have violated RCW 18.79.350 and 18.79.360.[ 2003 c 258 § 9.]NOTES:Severability—Effective date—2003 c 258: See notes following RCW 18.79.330.
WA Rev Code § 18.51.560 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.560 - Employment of physicians.

RCW 18.51.560 Employment of physicians.(1) A nursing home licensed under this chapter may employ physicians for the provision of professional services to its residents under the following conditions:(a) The nursing home may not in any manner, directly or indirectly, supplant, diminish, or regulate any employed physician's judgment concerning the practice of medicine or the diagnosis and treatment of any patient; and(b) The employed physicians may provide professional services only to residents of the nursing home or a related living facility.(2) The employment of physicians as authorized by this section may be through the following entities:(a) The entity licensed to operate the nursing home; or(b) A separate entity authorized to conduct business in the state of Washington that has common or overlapping ownership as an affiliate or subsidiary of the licensee, as long as the licensee complies with subsection (3) of this section.(3) Nothing in this section relieves the licensee of its ultimate responsibility for the daily operations of the nursing home.(4) Nothing in this section may be construed to interfere with the federal resident rights requirements found in 42 C.F.R. 483.10, or successor rules, or found in this chapter, chapter 74.42 RCW, or the rules adopted by the department addressing resident's rights under this chapter or chapter 74.42 RCW.(5) As used in this section, "related living facility" means (a) a separate nursing home that is owned, controlled, or managed by the same or an affiliated or subsidiary entity; or (b) a facility that (i) provides independent living services or *boarding home services under chapter 18.20 RCW, in a single contiguous campus as the nursing home, and (ii) is owned, controlled, or managed by the same or related entity as the nursing home. For purposes of this subsection "contiguous" means land adjoining or touching property on which the nursing home is located, including land divided by a public road.[ 2011 c 228 § 1.]NOTES:*Reviser's note: The term "boarding home" was changed to "assisted living facility" by 2012 c 10.
WA Rev Code § 18.51.570 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.570 - Employment—Certificates of parental improvement.

RCW 18.51.570 Employment—Certificates of parental improvement.Nursing homes, as defined in this chapter, may not automatically deny a prospective volunteer or employee solely because of a founded finding of child abuse or neglect involving the individual revealed in the record check or a court finding or a court finding that the individual's child was dependent as a result of a finding that the individual abused or neglected their child pursuant to RCW 13.34.030(6)(b) when that founded finding or court finding is accompanied by a certificate of parental improvement as defined in chapter 74.13 RCW related to the same incident without conducting a review to determine the individual's character, suitability, and competency to volunteer with vulnerable adults.[ 2020 c 270 § 6.]NOTES:Effective date—2020 c 270: See note following RCW 74.13.720.
WA Rev Code § 18.51.575 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.575 - Communication system—Telephones and other equipment.

RCW 18.51.575 Communication system—Telephones and other equipment.(1) Each nursing home must be responsive to incoming communications and respond within a reasonable time to phone and electronic messages.(2) Each nursing home must have a communication system, including a sufficient quantity of working telephones and other communication equipment to ensure that residents have 24-hour access to communications with family, medical providers, and others, and also to allow for emergency contact to and from facility staff. The telephones and communication equipment must provide for auditory privacy, not be located in a staff office or station, be accessible and usable by persons with hearing loss and other disabilities, and not require payment for local calls. A nursing home is not required to provide telephones at no cost in each resident room.[ 2021 c 159 § 9.]NOTES:Findings—2021 c 159: See note following RCW 18.20.520.
WA Rev Code § 18.51.580 (2021)
2021 Revised Code of Washington|Title 18 - Businesses and Professions|Chapter 18.51 - Nursing Homes.|18.51.580 - Disaster preparedness plan.

RCW 18.51.580 Disaster preparedness plan.(1) Each nursing home shall develop and maintain a comprehensive disaster preparedness plan to be followed in the event of a disaster or emergency, including fires, earthquakes, floods, infectious disease outbreaks, loss of power or water, and other events that may require sheltering in place, evacuations, or other emergency measures to protect the health and safety of residents. The nursing home shall review the comprehensive disaster preparedness plan annually, update the plan as needed, and train all employees when they begin work in the nursing home on the comprehensive disaster preparedness plan and related staff procedures.(2) The department shall adopt rules governing the comprehensive disaster preparedness plan. At a minimum, the rules must address the following if not already adequately addressed by federal requirements for emergency planning: Timely communication with the residents' emergency contacts; timely communication with state and local agencies, long-term care ombuds, and developmental disabilities ombuds; contacting and requesting emergency assistance; on-duty employees' responsibilities; meeting residents' essential needs; procedures to identify and locate residents; and procedures to provide emergency information to provide for the health and safety of residents. In addition, the rules shall establish standards for maintaining personal protective equipment and infection control capabilities, as well as department inspection procedures with respect to the plans.[ 2021 c 159 § 11.]NOTES:Findings—2021 c 159: See note following RCW 18.20.520.