reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.065 - Penalties—Hearing (as amended by 1989 c 175).

RCW 18.51.065
Penalties—Hearing (as amended by 1989 c 175).
((
All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty shall become final twenty days after the same has been served upon the applicant or licensee unless a hearing is requested. All hearings hereunder and judicial review of such determinations shall be in accordance with the administrative procedure act, chapter 34.04 RCW.
))
RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding. RCW 43.20A.215 governs notice of a civil fine and provides the right to an adjudicative proceeding.
[ 1989 c 175 § 64; 1981 1st ex.s. c 2 § 19; 1975 1st ex.s. c 99 § 16.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
(1)
All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty shall become final twenty days after the same has been served upon the applicant or licensee unless a hearing is requested.
All orders of the department imposing stop placement, temporary management, emergency closure, emergency transfer, or license suspension, shall be effective immediately upon notice. Orders of the department imposing denial of payment shall become final twenty days after the same has been served, unless a hearing is requested, except that such orders shall be effective immediately upon notice and pending any hearing when the department determines the deficiencies jeopardize the health and safety of the residents or seriously limit the nursing home's capacity to provide adequate care.
All hearings hereunder and judicial review of such determinations shall be in accordance with the administrative procedure act, chapter ((
34.04
))
34.05
RCW
, except that all orders of the department imposing stop placement, temporary management, emergency closure, emergency transfer, or license suspension shall be effective pending any hearing, and except that chapter 34.05 RCW shall have no application to receivership, which is instituted by direct petition to superior court as provided for in RCW 18.51.410 through 18.51.520
.
[ 1989 c 372 § 9; 1981 1st ex.s. c 2 § 19; 1975 1st ex.s. c 99 § 16.]
NOTES:
Reviser's note: RCW 18.51.065 was amended twice during the 1989 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.067 - License suspension—Noncompliance with support order—Reissuance.

RCW 18.51.067
License suspension—Noncompliance with support order—Reissuance.
The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services, division of [child] support, as a person who is not in compliance with a child support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the division of child support stating that the person is in compliance with the order.
[ 1997 c 58 § 824.]
NOTES:
*Reviser's note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.070 - Rules.

RCW 18.51.070
Rules.
The department, after consultation with the board of health, shall adopt, amend, and promulgate such rules, regulations, and standards with respect to all nursing homes to be licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate medical and nursing care of individuals in nursing homes and the sanitary, hygienic, and safe conditions of the nursing home in the interest of public health, safety, and welfare.
[ 2011 c 151 § 3; 1979 ex.s. c 211 § 64; 1951 c 117 § 8.]
NOTES:
Effective date—1979 ex.s. c 211 § 64: "Section 64 of this 1979 act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 30, 1979]." [ 1979 ex.s. c 211 § 71.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.145 - Building inspections—Authority of chief of the Washington state patrol.

RCW 18.51.145
Building inspections—Authority of chief of the Washington state patrol.
Inspections of nursing homes by local authorities shall be consistent with the requirements of chapter 19.27 RCW, the state building code. Findings of a serious nature shall be coordinated with the department and the chief of the Washington state patrol, through the director of fire protection, for determination of appropriate actions to ensure a safe environment for nursing home residents. The chief of the Washington state patrol, through the director of fire protection, shall have exclusive authority to determine appropriate corrective action under this section.
[ 1995 c 369 § 7; 1986 c 266 § 84; 1983 1st ex.s. c 67 § 45; 1981 1st ex.s. c 2 § 16.]
NOTES:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Effective dates—1983 1st ex.s. c 67: See note following RCW 74.46.475.
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
Conflict with federal requirements and this section: RCW 74.46.840.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.150 - Operating without license—Penalty.

RCW 18.51.150
Operating without license—Penalty.
Any person operating or maintaining any nursing home without a license under this chapter shall be guilty of a misdemeanor and each day of a continuing violation after conviction shall be considered a separate offense.
[ 1951 c 117 § 16.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.160 - Operating without license—Injunction.

RCW 18.51.160
Operating without license—Injunction.
Notwithstanding the existence or use of any other remedy, the department, may, in the manner provided by law, upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the operation or maintenance of a nursing home without a license under this chapter.
[ 1951 c 117 § 17.]
NOTES:
Injunctions: Chapter 7.40 RCW.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.170 - Application of chapter to homes or institutions operated by certain religious organizations.

RCW 18.51.170
Application of chapter to homes or institutions operated by certain religious organizations.
Nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any nursing home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination, or for any nursing home or institution operated for the exclusive care of members of a convent as defined in RCW 84.36.800 or rectory, monastery, or other institution operated for the care of members of the clergy.
[ 1977 c 48 § 1; 1951 c 117 § 21.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.180 - Outpatient services—Authorized—Defined.

RCW 18.51.180
Outpatient services—Authorized—Defined.
A nursing home may, pursuant to rules and regulations adopted by the department of social and health services, offer outpatient services to persons who are not otherwise patients at such nursing home. Any certified nursing home offering outpatient services may receive payments from the federal medicare program for such services as are permissible under that program.
Outpatient services may include any health or social care needs, except surgery, that could feasibly be offered on an outpatient basis.
[ 1973 1st ex.s. c 71 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.185 - Outpatient services—Cost studies—Vendor rates.

RCW 18.51.185
Outpatient services—Cost studies—Vendor rates.
The department of social and health services shall assist the nursing home industry in researching the costs of outpatient services allowed under RCW 18.51.180. Such cost studies shall be utilized by the department in the determination of reasonable vendor rates for nursing homes offering such services to insure an adequate return to the nursing homes and a cost savings to the state as compared to the cost of institutionalization.
[ 1973 1st ex.s. c 71 § 2.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.190 - Complaint of violation—Request for inspection—Notice—Confidentiality.

RCW 18.51.190
Complaint of violation—Request for inspection—Notice—Confidentiality.
Any person may request an inspection of any nursing home subject to licensing under this chapter in accordance with the provisions of this chapter by giving notice to the department of an alleged violation of applicable requirements of state law. The complainant shall be encouraged to submit a written, signed complaint following a verbal report. The substance of the complaint shall be provided to the licensee no earlier than at the commencement of the inspection. Neither the substance of the complaint provided the licensee nor any copy of the complaint or record published, released, or otherwise made available to the licensee shall disclose the name of any individual complainant or other person mentioned in the complaint, except the name or names of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter, unless such complainant specifically requests the release of such name or names.
[ 1981 1st ex.s. c 2 § 20; 1975 1st ex.s. c 99 § 4.]
NOTES:
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.200 - Preliminary review of complaint—On-site investigation.

RCW 18.51.200
Preliminary review of complaint—On-site investigation.
Upon receipt of a complaint, the department shall make a preliminary review of the complaint. Unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, or unless the department has sufficient information that corrective action has been taken, it shall make an on-site investigation within a reasonable time after the receipt of the complaint or otherwise ensure complaints are responded to. In either event, the complainant shall be promptly informed of the department's proposed course of action. If the complainant requests the opportunity to do so, the complainant or his or her representative, or both, may be allowed to accompany the inspector to the site of the alleged violations during his or her tour of the facility, unless the inspector determines that the privacy of any patient would be violated thereby.
[ 2011 c 336 § 487; 1981 1st ex.s. c 2 § 21; 1975 1st ex.s. c 99 § 5.]
NOTES:
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.210 - Authority to enter and inspect nursing home—Advance notice—Defense.

RCW 18.51.210
Authority to enter and inspect nursing home—Advance notice—Defense.
(1) Any duly authorized officer, employee, or agent of the department may enter and inspect any nursing home, including, but not limited to, interviewing residents and reviewing records, at any time to enforce any provision of this chapter. Inspections conducted pursuant to complaints filed with the department shall be conducted in such a manner as to ensure maximum effectiveness. No advance notice shall be given of any inspection conducted pursuant to this chapter unless previously and specifically authorized by the secretary or required by federal law.
(2) Any public employee giving such advance notice in violation of this section shall be suspended from all duties without pay for a period of not less than five nor more than fifteen days.
(3) In any hearing held pursuant to this chapter, it shall be a defense to a violation relating to the standard of care to be afforded public patients to show that the department does not provide reasonable funds to meet the cost of reimbursement standard allegedly violated.
[ 1981 1st ex.s. c 2 § 22; 1975 1st ex.s. c 99 § 6.]
NOTES:
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.220 - Retaliation or discrimination against complainant prohibited, penalty—Presumption.

RCW 18.51.220
Retaliation or discrimination against complainant prohibited, penalty—Presumption.
(1) No licensee shall discriminate or retaliate in any manner against a patient or employee in its nursing home on the basis or for the reason that such patient or employee or any other person has initiated or participated in any proceeding specified in this chapter. A licensee who violates this section is subject to a civil penalty of not more than three thousand dollars.
(2) Any attempt to expel a patient from a nursing home, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a complaint has been submitted to the department or any proceeding instituted under or related to this chapter within one year of the filing of the complaint or the institution of such action, shall raise a rebuttable presumption that such action was taken by the licensee in retaliation for the filing of the complaint.
[ 1987 c 476 § 25; 1975 1st ex.s. c 99 § 7.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.230 - Periodic general inspection—Emergency rules.

RCW 18.51.230
Periodic general inspection—Emergency rules.
(1) The department shall, in addition to any inspections conducted pursuant to complaints filed pursuant to RCW 18.51.190, conduct a periodic general inspection of each nursing home in the state without providing advance notice of such inspection. Such inspections must conform to the federal standards for surveys under 42 C.F.R. Part 488, Subpart E.
(2) If a pandemic, natural disaster, or other declared state of emergency prevents the department from completing inspections according to the timeline in subsection (1) of this section, the department shall adopt rules to reestablish inspection timelines based on the length of time since the last complete inspection, compliance history of each facility, immediate health or safety concerns, and centers for medicare and medicaid services requirements.
(a) Rules adopted under this subsection (2) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that all facility inspections are occurring according to time frames established in subsection (1) of this section, whichever occurs later. Once the department determines a rule adopted under this subsection (2) is no longer necessary, it must repeal the rule under RCW 34.05.353.
(b) Within 12 months of the termination of the pandemic, natural disaster, or other declared state of emergency, the department shall conduct a review of inspection compliance with subsection (1) of this section and provide the legislature with a report.
[ 2021 c 203 § 5; 2020 c 263 § 2; 1981 2nd ex.s. c 11 § 4; 1975 1st ex.s. c 99 § 10.]
NOTES:
Effective date—Retroactive application—2021 c 203: See notes following RCW 43.43.832.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.240 - Alterations or additions—Preliminary inspection and approval.

RCW 18.51.240
Alterations or additions—Preliminary inspection and approval.
The department may prescribe by regulations that any licensee or applicant desiring to make specific types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit its plans and specifications therefor to the department for preliminary inspection and approval or recommendations with respect to compliance with the regulations and standards herein authorized.
[ 1981 1st ex.s. c 2 § 23; 1975 1st ex.s. c 99 § 11.]
NOTES:
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.250 - Nursing homes without violations—Public agencies notified—Priority.

RCW 18.51.250
Nursing homes without violations—Public agencies notified—Priority.
On or before February 1st of each year, the department shall notify all public agencies which refer patients to nursing homes of all of the nursing homes in the area found upon inspection within the previous twelve-month period to be without violations. Public agencies shall give priority to such nursing homes in referring publicly assisted patients.
[ 1975 1st ex.s. c 99 § 12.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.260 - Posting citations for violation of RCW 18.51.060.

RCW 18.51.260
Posting citations for violation of RCW 18.51.060.
(1) Each citation for a violation specified in RCW 18.51.060 which is issued pursuant to this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the director, until the violation is corrected to the satisfaction of the department up to a maximum of one hundred twenty days. The citation or copy shall be posted in a place or places in plain view of the patients in the nursing home, persons visiting those patients, and persons who inquire about placement in the facility.
(2) The department shall require a nursing home that is subject to a stop placement order or limited stop placement order under RCW 18.51.060 to publicly post in a conspicuous place at the nursing home a standardized notice that the department has issued a stop placement order or limited stop placement order for the nursing home. The standardized notice shall be developed by the department to include the date of the stop placement order or limited stop placement order, any conditions placed upon the nursing home's license, contact information for the department, contact information for the administrator or provider of the nursing home, and a statement that anyone may contact the department or the administrator or provider for further information. The notice must remain posted until the department has terminated the stop placement order or limited stop placement order.
[ 2021 c 159 § 7; 1987 c 476 § 26; 1975 1st ex.s. c 99 § 13.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.270 - Annual report of citations—Publication—Contents.

RCW 18.51.270
Annual report of citations—Publication—Contents.
The department shall annually publish a report listing all licensees by name and address, indicating (1) the number of citations and the nature of each citation issued to each licensee during the previous twelve-month period and the status of any action taken pursuant to each citation, including penalties assessed, and (2) the nature and status of action taken with respect to each uncorrected violation for which a citation is outstanding.
The report shall be available to the public, at cost, at all offices of the department.
[ 1975 1st ex.s. c 99 § 14.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.280 - Chapter cumulative.

RCW 18.51.280
Chapter cumulative.
The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts.
[ 1975 1st ex.s. c 99 § 8.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.290 - Writings as public records.

RCW 18.51.290
Writings as public records.
Any writing received, owned, used, or retained by the department in connection with the provisions of this chapter is a public record and, as such, is open to public inspection. Copies of such records provided for public inspection shall comply with RCW 42.56.070(1). The names of duly authorized officers, employees, or agents of the department shall be included.
[ 2005 c 274 § 225; 1980 c 184 § 4; 1975 1st ex.s. c 99 § 9.]
NOTES:
Conflict with federal requirements—1980 c 184: See RCW 74.42.630.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.300 - Retention and preservation of records of patients.

RCW 18.51.300
Retention and preservation of records of patients.
Unless specified otherwise by the department, a nursing home shall retain and preserve all records which relate directly to the care and treatment of a patient for a period of no less than eight years following the most recent discharge of the patient; except the records of minors, which shall be retained and preserved for a period of no less than three years following attainment of the age of eighteen years, or ten years following such discharge, whichever is longer.
If a nursing home ceases operations, it shall make immediate arrangements, as approved by the department, for preservation of its records.
The department shall by regulation define the type of records and the information required to be included in the records to be retained and preserved under this section; which records may be retained in photographic form pursuant to chapter 5.46 RCW.
[ 1995 1st sp.s. c 18 § 44; 1981 1st ex.s. c 2 § 24; 1975 1st ex.s. c 175 § 2.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.310 - Comprehensive plan for utilization review—Licensing standards—Regulations.

RCW 18.51.310
Comprehensive plan for utilization review—Licensing standards—Regulations.
(1) The department shall establish, in compliance with federal and state law, a comprehensive plan for utilization review as necessary to safeguard against unnecessary utilization of care and services and to assure quality care and services provided to nursing facility residents.
(2) The department shall adopt licensing standards suitable for implementing the civil penalty system authorized under this chapter and chapter 74.46 RCW.
(3) No later than July 1, 1981, the department shall adopt all those regulations which meet all conditions necessary to fully implement the civil penalty system authorized by this chapter, chapter 74.42 RCW, and chapter 74.46 RCW.
[ 1991 sp.s. c 8 § 2; 1981 2nd ex.s. c 11 § 5; 1981 1st ex.s. c 2 § 12; 1980 c 184 § 5; 1979 ex.s. c 211 § 67; 1977 ex.s. c 244 § 1.]
NOTES:
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
Conflict with federal requirements—1980 c 184: See RCW 74.42.630.
Effective date—1979 ex.s. c 211: See RCW 74.42.920.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.320 - Contact with animals—Rules.

RCW 18.51.320
Contact with animals—Rules.
(1) A nursing home licensee shall give each patient a reasonable opportunity to have regular contact with animals. The licensee may permit appropriate animals to live in the facilities and may permit appropriate animals to visit if the animals are properly supervised.
(2) The department shall adopt rules for the care, type, and maintenance of animals in nursing home facilities.
[ 1984 c 127 § 2.]
NOTES:
Intent—1984 c 127: "The legislature finds that the senior citizens of this state, particularly those living in low-income public housing or in nursing homes, often lead lonely and harsh lives. The legislature recognizes that the warmth and companionship provided by pets can significantly improve the quality of senior citizens' lives. This legislation is intended to insure that senior citizens and persons in nursing homes will not be deprived of access to pets." [ 1984 c 127 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.350 - Conflict with federal requirements.

RCW 18.51.350
Conflict with federal requirements.
If any part of this chapter is found to conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this chapter.
[ 1981 2nd ex.s. c 11 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.51 - Nursing Homes. › 18.51.400 - Receivership—Legislative findings.

RCW 18.51.400
Receivership—Legislative findings.
The legislature finds that the closure of a nursing home can have devastating effects on residents and, under certain circumstances, courts should consider placing nursing homes in receivership. As receivership has long existed as a remedy to preserve assets subject to litigation and to reorganize troubled affairs, the legislature finds that receivership is to be used to correct problems associated with either the disregard of residents' health, safety, or welfare or with the possible closure of the nursing home for any reason.
[ 1987 c 476 § 9.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.
2023 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.
2023 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.
2023 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.