reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Inspections, Enforcement Remedies, and Appeals › Section 388-78A-3190 - Denial, suspension, revocation, or nonrenewal of license statutorily required

Current through Register Vol. 24-14, July 15, 2024
(1) The department
					 must deny, suspend, revoke, or refuse to renew an assisted living facility
					 license if any person described in subsection (2) of this section is found by
					 the department to have:
(a) A court has
					 issued a permanent restraining order or order of protection, either active or
					 expired, against the person that was based upon abuse, neglect, financial
					 exploitation, or mistreatment of a child or vulnerable adult;
(b) The individual is a registered sex
					 offender;
(c) The individual is on
					 a registry based upon a final finding of abuse, neglect or financial
					 exploitation of a vulnerable adult, unless the finding was made by adult
					 protective services prior to October 2003;
(d) A founded finding of abuse or neglect of
					 a child was made against the person, unless the finding was made by child
					 protective services prior to October 1, 1998;
(e) The individual was found in any
					 dependency action to have sexually assaulted or exploited any child or to have
					 physically abused any child;
(f)
					 The individual was found by a court in a domestic relations proceeding under
					 Title
					 26 RCW, or under any comparable
					 state or federal law, to have sexually abused or exploited any child or to have
					 physically abused any child;
(g)
					 The person has had a contract or license denied, terminated, revoked, or
					 suspended due to abuse, neglect, financial exploitation, or mistreatment of a
					 child or vulnerable adult; or
(h)
					 The person has relinquished a license or terminated a contract because an
					 agency was taking an action against the individual related to alleged abuse,
					 neglect, financial exploitation or mistreatment of a child or vulnerable
					 adult.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Inspections, Enforcement Remedies, and Appeals › Section 388-78A-3200 - Progression of enforcement remedies

Current through Register Vol. 24-14, July 15, 2024
(1)
					 When the department cites a boarding home for an initial problem that does not
					 represent a recurring problem, serious problem or uncorrected problem, and that
					 results in minimal or moderate harm that is limited in scope, the department
					 may:
(a) Require a plan of correction from
					 the boarding home;
(b) Impose
					 conditions on the boarding home license; and/or
(c) Impose a civil penalty.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Inspections, Enforcement Remedies, and Appeals › Section 388-78A-3210 - Informal dispute resolution

Current through Register Vol. 24-14, July 15, 2024
The boarding home has a right to an informal dispute
						resolution meeting according to department procedure and consistent with
						RCW
						18.20.195. The boarding home must make a
						request for an informal dispute resolution meeting in writing within ten days
						of the receipt of the written notice of deficiency.
Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-3210, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Inspections, Enforcement Remedies, and Appeals › Section 388-78A-3220 - Appeal rights

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant or
					 boarding home:
(a) May contest an enforcement
					 remedy imposed by the department pursuant to
					 RCW
					 18.20.190 according to the provisions of
					 chapter
					 34.05 RCW and chapters
					 10-08 and 388-02 WAC;
(b) Must file
					 any request for an adjudicative proceeding with the office of administrative
					 hearings at the mailing address specified in the notice of imposition of an
					 enforcement remedy within twenty-eight days of receiving the notice.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Inspections, Enforcement Remedies, and Appeals › Section 388-78A-3230 - Fees

Current through Register Vol. 24-14, July 15, 2024
The boarding home must:
(1) Submit an annual per bed license fee
					 based on the licensed bed capacity and as established in the state's biennial
					 omnibus appropriation act and any amendment or addition made to that
					 act;
(2) Submit an additional late
					 fee in the amount of ten dollars per day from the license renewal date until
					 the date of mailing the fee, as evidenced by the postmark; and
(3) Submit to construction review services a
					 fee for the review of the construction documents per the review fee schedule
					 that is based on the project cost.
Statutory Authority: Chapter 18.20 RCW. WSR 12-01-003,
						  § 388-78A-3230, filed 12/7/11, effective 1/7/12. Statutory Authority:
						  RCW
						  18.20.050 and 2010 c 37§ 206(19)(a).
						  10-21-036, § 388-78A-3230, filed 10/12/10, effective 10/29/10. Statutory
						  Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-3230, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › GENERAL NOTICE REQUIREMENT › Section 388-78A-4000 - Notice - Service complete

Current through Register Vol. 24-14, July 15, 2024
Service of the department notices is complete when:
(1) Personal service is made;
(2) The notice is addressed to the individual
				  or facility at his or her last known address, and deposited in the United
				  States mail;
(3) The notice is
				  faxed and the department receives evidence of transmission;
(4) Notice is delivered to a commercial
				  delivery service with charges prepaid; or
(5) Notice is delivered to a legal messenger
				  service with charges prepaid.
Statutory Authority: Chapter 18.20 RCW. 10-03-066, §
						388-78A-4000, filed 1/15/10, effective
						2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › GENERAL NOTICE REQUIREMENT › Section 388-78A-4010 - Notice - Proof of service

Current through Register Vol. 24-14, July 15, 2024
The department may establish proof of service by any of the
					 following:
(1) A declaration of
				  personal service;
(2) An affidavit
				  or certificate of mailing to the boarding home or to the individual to whom
				  notice is directed;
(3) A signed
				  receipt from the person who accepted the certified mail, the commercial
				  delivery service, or the legal messenger service package; or
(4) Proof of fax transmission.
Statutory Authority: Chapter 18.20 RCW. WSR 10-03-066,
						§ 388-78A-4010, filed 1/15/10, effective
						2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-79 - Guardianship fees for clients of the department › Section 388-79-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
These rules implement
				  RCW
				  11.92.180 and
				  43.20B.460 to the extent that
				  those statutes require the department to establish by rule the maximum amount
				  of guardianship fees and additional compensation for administrative costs that
				  may be allowed by the court for a guardian or limited guardian of an
				  incapacitated person who is a Medicaid client of the department and is thus
				  required by federal law to contribute to the cost of the client's long-term
				  care.
Statutory Authority:
					 RCW
					 11.92.180,
					 43.20B.460. 03-16-022, §
					 388-79-010, filed 7/28/03, effective 8/28/03; 98-10-055, § 388-79-010,
					 filed 4/30/98, effective 5/31/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-79 - Guardianship fees for clients of the department › Section 388-79-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Administrative costs"
or
"costs"
means necessary costs paid by the guardian including attorney fees.
"Client"
means a person who is eligible for and
				  is receiving Medicaid-funded long-term care.
"Guardianship fees"
or
"fees"
means
				  necessary fees charged by a guardian for services rendered on behalf of a
				  client.
"Participation"
means the amount the client pays
				  from current monthly income toward the cost of the client's long-term
				  care.
Statutory Authority:
					 RCW
					 11.92.180,
					 43.20B.460. 03-16-022, §
					 388-79-020, filed 7/28/03, effective 8/28/03; 98-10-055, § 388-79-020,
					 filed 4/30/98, effective 5/31/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-79 - Guardianship fees for clients of the department › Section 388-79-030 - Maximum fees and costs

Current through Register Vol. 24-14, July 15, 2024
The superior court may allow guardianship fees and
				  administrative costs in an amount set out in an order. For orders entered after
				  June 15, 1998, where the order establishes or continues a legal guardianship
				  for a department client, and requires a future review or accounting; then
				  unless otherwise modified by the process described in WAC
				  388-79-040:
(1) The amount of guardianship fees shall not
				exceed one hundred seventy-five dollars per month;
(2) The amount of administrative costs
				directly related to establishing a guardianship for a department client shall
				not exceed seven hundred dollars; and
(3) The amount of administrative costs shall
				not exceed a total of six hundred dollars during any three-year
				period.
Statutory Authority:
					 RCW
					 11.92.180,
					 43.20B.460. 03-16-022, §
					 388-79-030, filed 7/28/03, effective 8/28/03; 98-10-055, § 388-79-030,
					 filed 4/30/98, effective 5/31/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-79 - Guardianship fees for clients of the department › Section 388-79-040 - Procedure to revise award letter after June 15, 1998, but before September 1, 2003

Current through Register Vol. 24-14, July 15, 2024
After June 15, 1998, but before September 1, 2003, where a
				  department client is subject to a guardianship then the department shall be
				  entitled to notice of proceedings as described in
				  RCW
				  11.92.150.
(1) The notice shall be given to the
				appropriate regional administrator of the program serving the department
				client. A list of the regional administrators will be available upon
				request.
(2) If the fees and costs
				requested and established by the order are equal to or lower than the maximum
				amount set by this rule then the award letter or document setting the
				department's client's participation shall be adjusted to reflect that amount
				upon receipt by the department of the court order setting a monthly
				amount.
(3) Should fees and costs
				above those requested in WAC
				388-79-030 be requested:
(a) The appropriate regional administrator
				will be given notice of the hearing as described in
				RCW
				11.92.150, and provided with copies of all
				supporting documents filed with the court.
(b) Should the court determine after
				consideration of the facts, law and evidence of the case, that fees and costs
				higher than normally allowed in WAC
				388-79-030 are just and
				reasonable and should be allowed then the award letter or document setting the
				department client's participation shall be adjusted to reflect that amount upon
				receipt by the department of the court order setting a monthly
				amount.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-79A - Guardianship fees for medicaid clients › Section 388-79A-001 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
(1) "Client" means a person who is eligible
				for and is receiving medicaid-funded long-term care.
(2) "Guardianship fees" or "fees" means
				necessary fees charged by a guardian for services rendered on behalf of a
				client.
(3) "Participate" or
				"participation" means the amount a client must pay each month toward the cost
				of long-term care services received each month. It is the amount remaining
				after the post-eligibility process under:
(a)
				WAC
				182-513-1380
				for a client residing in a medical institution, as defined under WAC
				182-500-0050;
(b) WAC
				182-515-1509
				for a client receiving home and community services (HCS) waivered services in
				an alternate living facility (ALF), as defined under WAC
				182-513-1100,
				or in an at-home setting; or
(c)
				WAC
				182-515-1514
				for a client receiving developmental disability administration (DDA) waivered
				services in an ALF, as defined under WAC
				182-513-1100,
				or in an at-home setting.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-79A - Guardianship fees for medicaid clients › Section 388-79A-005 - Maximum amount of guardianship fees and related costs for a long-term care medicaid eligible client

Current through Register Vol. 24-14, July 15, 2024
(1) As
				mandated by
				RCW
				43.20B.460 and in accordance with
				RCW
				11.92.180, the maximum amount of guardianship
				fees and related costs must not exceed the limits of this section when the
				person under guardianship is:
(a) A medicaid
				eligible client, residing in:
(i) A medical
				institution, as defined under WAC
				182-500-0050;
(ii) An alternate living facility (ALF), as
				defined under WAC
				182-513-1100;
				or
(iii) An at-home setting;
				and
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-79A - Guardianship fees for medicaid clients › Section 388-79A-010 - Maximum guardianship fees and related costs before June 1, 2018

Current through Register Vol. 24-14, July 15, 2024
(1) This section
				sets the maximum guardianship fees and related costs when:
(a) The court order was entered before June
				1, 2018; and
(b) The client under
				guardianship was receiving medicaid-funded long-term care before June 1,
				2018.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-79A - Guardianship fees for medicaid clients › Section 388-79A-015 - Procedure for allowing guardianship fees and related costs from client participation before June 1, 2018

Current through Register Vol. 24-14, July 15, 2024
(1)
				This section describes the procedure for allowing guardianship fees and related
				costs from client participation when:
(a) A
				court order was entered before June 1, 2018; and
(b) The client under guardianship was
				receiving medicaid-funded long-term care before June 1, 2018.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-011 - Conditions of participation

Current through Register Vol. 24-14, July 15, 2024
In order to participate in the nursing facility medicaid
				  payment system established by this chapter and chapter 74.46 RCW, the person or
				  legal entity responsible for operation of a facility shall:
(1) Obtain a state certificate of need and/or
				federal capital expenditure review (section 1122 ) approval pursuant to chapter
				70.38 RCW and Part 100,
				Title
				42 C.F.R. where
				required;
(2) Hold the appropriate
				current license;
(3) Hold current
				Title XIX certification;
(4) Hold a
				current contract to provide services under this chapter and chapter 74.46
				RCW;
(5) Comply with all provisions
				of the contract and all applicable statutes and regulations, including but not
				limited to the provisions of this chapter and chapter 74.46 RCW; and
(6) Obtain and maintain medicare
				certification, under Title XVIII of the Social Security Act, 42 U.S.C. Sec.
				1395, as amended, for a portion of the facility's licensed beds.
Statutory Authority: Chapter 74.46 RCW, 2010 1st sp.s. c
					 34, and 2010 1st sp.s. c 37 § 958. 11-05-068, § 388-96-011, filed
					 2/14/11, effective 2/26/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-012 - Public disclosure

Current through Register Vol. 24-14, July 15, 2024
(1) Cost reports
				and final audit reports filed by the contractor shall be subject to public
				disclosure pursuant to
				chapter
				42.56 RCW.
(2) Subsection (1) of this section does not
				prevent a contractor from having access to its own records or from authorizing
				an agent or designee to have access to the contractor's records.
(3) Regardless of whether any document or
				report submitted to the department pursuant to this chapter is subject to
				public disclosure, copies of such documents or reports shall be provided by the
				department, upon written request, to the legislature and to federal, state, or
				local agencies or law enforcement officials who have an official interest in
				the contents thereof.
Statutory Authority: Chapter 74.46 RCW, 2010 1st sp.s. c
					 34, and 2010 1st sp.s. c 37 § 958. 11-05-068, § 388-96-012, filed
					 2/14/11, effective 2/26/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-020 - Prospective cost-related payment

Current through Register Vol. 24-14, July 15, 2024
The nursing facility medicaid payment system is the system
				  used by the department to pay for nursing facility services provided to medical
				  care recipients. Payment for nursing facility care shall be determined in
				  accordance with this chapter and chapter 74.46 RCW. The provisions of chapter
				  74.46 RCW are incorporated by reference in this chapter as if fully set
				  forth.
Statutory Authority:
					 RCW
					 74.46.800. 98-20-023, § 388-96-020,
					 filed 9/25/98, effective 10/1/98. Statutory Authority:
					 RCW
					 74.09.120 and
					 74.46.800. 85-13-065 (Order 2245),
					 § 388-96-020, filed 6/18/85. Statutory Authority:
					 RCW
					 74.09.120. 83-19-047 (Order 2025), §
					 388-96-020, filed 9/16/83; 82-21-025 (Order 1892), § 388-96-020, filed
					 10/13/82. Statutory Authority:
					 RCW
					 74.08.090 and
					 74.09.120. 78-06-080 (Order 1300),
					 § 388-96-020, filed 6/1/78; Order 1262, § 388-96-020, filed
					 12/30/77.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-022 - Due dates for cost reports

Current through Register Vol. 24-14, July 15, 2024
(1)  The
				contractor must submit annually a complete report of costs and financial
				conditions of the contractor that is prepared and presented in a standardized
				manner and in accordance with this chapter and chapter 74.46 RCW.
(2)  The department will review the
				contractor's costs and financial conditions in accordance with the methodology
				effective at the time the contractor incurred the costs as described in
				chapters 388-96 WAC and 74.46 RCW.
(3)
				 Not later than March 31st of each year, each contractor must
				submit to the department an annual cost report for the period from January 1st
				through December 31st of the preceding year.
(4)
				 Cost reports for new contractors must be submitted in accordance
				with WAC 388-96-026.
(5)  To properly complete the cost report,
				the contractor must submit the entire cost report, including the certification
				page to the document electronically. A cost report is not complete until the
				department receives both documents.
(6)
				 Not later than one hundred twenty days following the termination
				or assignment of a contract, the terminating or assigning contractor must
				submit to the department a cost report for the period from January 1st through
				the date the contract was terminated or assigned.
(7)  If the contractor does not properly
				complete the cost report or the department does not receive it by the due date
				established in this section, the department may withhold all or part of any
				payments due under the contract until the department receives the contractor's
				properly completed cost report.
(8)
				 The department may impose civil fines or take adverse rate action
				against contractors and former contractors who do not submit properly completed
				cost reports by the applicable due date established in this section.
Statutory Authority: Chapter 74.46 RCW, 2010 1st sp.s. c
					 34, and 2010 1st sp.s. c 37 § 958. 11-05-068, § 388-96-022, filed
					 2/14/11, effective 2/26/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-026 - New contractors

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes
				of administering the payment system, the department shall consider a "new
				contractor" as one who receives a new vendor number and:
(a) Builds from the ground-up a new facility;
				and operates the new facility with completely new staff, administration and
				residents. If the "new contractor" operated a nursing facility immediately
				before the opening of the new facility, then the "new contractor" must operate
				the new facility with:
(i) Staff and
				administration that are substantially to completely different than the previous
				operation of the "new contractor"; and
(ii) A resident population that is
				substantially to completely different than the residents residing in the
				previous nursing facility; or
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-099 - Completing cost reports and maintaining records

Current through Register Vol. 24-14, July 15, 2024
(1) To determine reported costs, nursing
				facility contractors shall use generally accepted accounting principles, the
				provisions of this chapter, and chapter 74.46 RCW. In the event of conflict,
				chapter 74.46 RCW, this chapter, and instructions issued by the department take
				precedence over generally accepted accounting principles.
(2) A nursing facility's records shall be
				maintained on the accrual method of accounting and agree with or be
				reconcilable to the cost report. All revenue and expense accruals shall be
				reversed against the appropriate accounts unless they are received or paid,
				respectively, within one hundred twenty days after the accrual is made.
				However, if the contractor can document a good faith billing dispute with the
				supplier or vendor, the period may be extended, but only for those portions of
				billings subject to good faith dispute. Accruals for vacation, holiday, sick
				pay, payroll, and real estate taxes may be carried for longer periods, provided
				the contractor follows generally accepted accounting principles and pays this
				type of accrual when due.
Statutory Authority: Chapter 74.46 RCW, 2010 1st sp.s. c
					 34, and 2010 1st sp.s. c 37 § 958. 11-05-068, § 388-96-099, filed
					 2/14/11, effective 2/26/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-102 - Requirements for retention of records by the contractor

Current through Register Vol. 24-14, July 15, 2024
(1) The contractor shall specify a location
				in the state of Washington at which the contractor shall retain all records
				supporting the cost reports for a period of four years following the filing of
				the required cost reports. Also, at the same location, for a period of four
				years, for each calendar year, the contractor shall retain all records
				supporting trust funds established under WAC
				388-96-366(2) 
				and account receivables. For example, supporting records for 2009 trust funds
				and accounts receivables must be kept through 2013.
(2) When there is (are) an unresolved
				issue(s) on a cost report, the department may direct supporting records to be
				retained for a longer period. All such records shall be made available upon
				demand to authorized representatives of the department, the office of the state
				auditor, and the Centers for Medicare and Medicaid Services (CMS).
(3) When a contract is terminated or
				assigned, all payments due the terminating or assigning contractor will be
				withheld until accessibility and preservation of the records within the state
				of Washington are assured.
Statutory Authority: Chapter 74.46 RCW, 2010 1st sp.s. c
					 34, and 2010 1st sp.s. c 37 § 958. 11-05-068, § 388-96-102, filed
					 2/14/11, effective 2/26/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-105 - Retention of cost reports and resident assessment information by the department

Current through Register Vol. 24-14, July 15, 2024
The department will retain cost reports for one year after
				  final settlement or reconciliation, or the period required under
				  chapter
				  40.14 RCW, whichever is
				  longer. Resident assessment information and records shall be retained as
				  provided in statute or by department rule.
Statutory Authority: Chapter 74.46 RCW, 2010 1st sp.s. c
					 34, and 2010 1st sp.s. c 37 § 958. 11-05-068, § 388-96-105, filed
					 2/14/11, effective 2/26/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-107 - Requests for extensions

Current through Register Vol. 24-14, July 15, 2024
(1)  A
				contractor may request in writing an extension for submitting cost reports.
				Contractor requests must:
(a)  Be addressed
				to the manager, nursing facility rates program;
(b)  State the circumstances prohibiting
				compliance with the report due date; and
(c)
				 Be received by the department at least ten days prior to the due
				date of the report.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-108 - Failure to submit final reports

Current through Register Vol. 24-14, July 15, 2024
(1)
				If a nursing facility's contract is terminated or assigned, and the nursing
				facility does not submit a final cost report as required by WAC
				388-96-022, the nursing facility
				shall return to the department all payments made to the terminating or
				assigning contractor relating to the period for which a report has not been
				received within sixty days after the terminating or assigning contractor
				receives a written demand from the department.
(2) Effective sixty days after the
				terminating or assigning contractor receives a written demand for payment,
				interest will begin to accrue payable to the department on any unpaid balance
				at the rate of one percent per month.
Statutory Authority: Chapter 74.46 RCW, 2010 1st sp.s. c
					 34, and 2010 1st sp.s. c 37 § 958. 11-05-068, § 388-96-108, filed
					 2/14/11, effective 2/26/11. Statutory Authority: RCW 74.46.040 and 74.46.050 as
					 amended by 1998 c 322 §§ 3 and 4. 98-20-023, § 388-96-108, filed
					 9/25/98, effective 10/1/98. Statutory Authority:
					 RCW
					 74.46.800 and 1995 1st sp.s. c 18. 95-19-037
					 (Order 3896), § 388-96-108, filed 9/12/95, effective 10/13/95. Statutory
					 Authority:
					 RCW
					 74.09.120. 83-19-047 (Order 2025), §
					 388-96-108, filed 9/16/83. Statutory Authority:
					 RCW
					 74.08.090. 82-21-025 (Order 1892), §
					 388-96-108, filed 10/13/82.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-117 - Certification requirement

Current through Register Vol. 24-14, July 15, 2024
The contractor as defined in
				  RCW
				  74.46.020(13) must certify
				  under penalty of perjury that the cost report or an amendment to it is a true,
				  correct, and complete representation of actual costs related to patient care
				  prepared in accordance with applicable instructions provided by the department,
				  chapter 388-96 WAC, and chapter 74.46 RCW. Further, where other costs not
				  related to patient care are shown, they are classified as
				  unallowable.
Statutory Authority:
					 RCW
					 74.46.431(11) and (12),
					 74.46.800, chapter 74.46 RCW, 2004
					 c 276 § 913, 2001 1st sp.s. c 8. 04-21-027, § 388-96-117, filed
					 10/13/04, effective 11/13/04. Statutory Authority:
					 RCW
					 74.09.120,
					 74.46.840 and
					 74.46.800. 85-17-052 (Order 2270),
					 § 388-96-117, filed 8/19/85; Order 1262, § 388-96-117, filed
					 12/30/77.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-119 - Reports - False information

Current through Register Vol. 24-14, July 15, 2024
(1) If a
				contractor knowingly or with reason to know files a report containing false
				information, such action constitutes good cause for termination of its contract
				with the department.
(2) In
				accordance with
				RCW
				74.46.531, the department will make
				adjustments to payment rates because a false report was filed.
(3) Contractors filing false reports may be
				referred for prosecution under applicable statutes.
Statutory Authority: Chapter 74.46 RCW as amended by 1998 c
					 322 §§ 19(11) and 31 and
					 RCW
					 74.46.800. 98-20-023, § 388-96-119,
					 filed 9/25/98, effective 10/1/98; Order 1262, § 388-96-119, filed
					 12/30/77.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-122 - Amendments to reports

Current through Register Vol. 24-14, July 15, 2024
(1)  For the
				purpose of determining allowable costs, the department must consider an
				amendment to an annual report only if filed by the provider before the receipt
				by the provider of the notification scheduling the department's audit. The
				contractor may file an amendment subsequent to such notification and pursuant
				to the provisions of
				RCW
				74.46.531 to adjust a payment rate allocation
				because of an error or omission. When the provider files an amendment, the
				department must consider it only if significant errors or omissions are
				discovered. The department must deem errors or omissions "significant" when the
				errors or omissions would mean a net difference of two cents or more per
				patient day or one thousand dollars or more in reported costs, whichever is
				higher, in any component rate allocation.
(2)
				 To file an amendment, the provider must submit the amended cost
				report and amended cost report certification page to the department
				electronically. An amended cost report is not complete until the department
				receives both documents.
(3)  If an
				amendment is filed, a contractor shall also submit with the amendment an
				account of the circumstances relating to and the reasons for the amendment,
				along with supporting documentation. The department must refuse to consider an
				amendment resulting in a more favorable settlement or payment rate allocation
				to a contractor if the amendment is not the result of circumstances beyond the
				control of the contractor or the result of good-faith error under the system of
				cost allocation and accounting in effect during the reporting period in
				question.
(4)  Acceptance or use by
				the department of an amendment to a cost report is not a release of applicable
				civil or criminal liability.
Statutory Authority: Chapter 74.46 as amended by 1998 c 322
					 §§ 19(11) and 31 and
					 RCW
					 74.46.800. 98-20-023, § 388-96-122,
					 filed 9/25/98, effective 10/1/98. Statutory Authority:
					 RCW
					 74.46.800. 86-10-055 (Order 2372), §
					 388-96-122, filed 5/7/86, effective 7/1/86; 84-12-039 (Order 2105), §
					 388-96-122, filed 5/30/84. Statutory Authority:
					 RCW
					 74.09.120. 82-11-065 (Order 1808), §
					 388-96-122, filed 5/14/82; 79-03-021 (Order 1370), § 388-96-122, filed
					 2/21/79; Order 1262, § 388-96-122, filed
					 12/30/77.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-205 - Purposes of department audits - Examination - Incomplete or incorrect reports - Contractor's duties - Access to facility - Fines - Adverse rate actions

Current through Register Vol. 24-14, July 15, 2024
(1)  The purposes
				of department audits and examinations under this chapter and chapter 74.46 RCW
				are to ascertain that:
(a)  Allowable costs
				for each year for each medicaid nursing facility are accurately
				reported;
(b)  Cost reports
				accurately reflect the true financial condition, revenues, expenditures,
				equity, beneficial ownership, related party status, and records of the
				contractor;
(c)  The contractor's
				revenues, expenditures, building, building square footage, building
				improvements, leasehold improvements, fixed equipment, and age are recorded in
				compliance with department requirements, instructions, and generally accepted
				accounting principles;
(d)  The
				contractor is in compliance with the direct care staffing requirements found in
				this chapter and chapter 74.42 RCW;
(e)
				 The responsibility of the contractor has been met in the
				maintenance and disbursement of patient trust funds; and
(f)  The contractor has reported and
				maintained accounts receivable in compliance with this chapter and chapter
				74.46 RCW.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-208 - Reconciliation of medicaid resident days to billed days and medicaid payments - Payments due - Accrued interest - Withholding funds

Current through Register Vol. 24-14, July 15, 2024
(1)  The department must reconcile medicaid
				resident days to billed days and medicaid payments for each medicaid nursing
				facility for each calendar year, or for that portion of the calendar year the
				provider's contract was in effect.
(2)
				 The contractor must make any payment owed the department as
				determined by either reconciliation or settlement, or both, at the lower of
				cost or rate within sixty days after the department notifies the contractor of
				the amount owed.
(3)  The
				department must pay the contractor within sixty days after it notifies the
				contractor of an underpayment.
(4) 
				Interest at the rate of one percent per month accrues against the department or
				the contractor on an unpaid balance existing sixty days after notification of
				the contractor. Accrued interest must be adjusted back to the date it began to
				accrue if the payment obligation is subsequently revised after administrative
				or judicial review.
(5)  The
				department may withhold funds from the contractor's payment for services and
				may take all other actions authorized by law to recover from the contractor
				amounts due and payable including any accrued interest. Neither a timely filed
				appeal under WAC
				388-96-901 and
				388-96-904 nor the commencement
				of judicial review as may be available to the contractor in law to contest a
				payment obligation determination shall delay recovery from the contractor or
				payment to the contractor.
(6)  For
				all cost report periods ending on or before December 31, 2015, the contractor
				must make payment owed to the department for direct care, therapy, and support
				services at the lower of the cost or rate.
(7)
				 For all cost report periods beginning January 1, 2016 and ending
				on or before December 31, 2016, cost in direct care, therapy, and support
				services must be combined and compared to the combined weighted rates for
				direct care, therapy, and support services. The contractor must make payment
				owed to the department for combined direct care, therapy, and support services
				at the lower of the cost or rate.
(8)
				 For all cost report periods beginning on or after January 1,
				2017, the contractor must make payment owed to the department for direct care
				at the lower of the cost or rate.
Statutory Authority: Chapter 74.46 RCW, 2010 1st sp.s. c
					 34, and 2010 1st sp.s. c 37 § 958. 11-05-068, § 388-96-208, filed
					 2/14/11, effective 2/26/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-217 - Civil fines

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may deny, suspend, or revoke a license or provisional license or, in lieu
				thereof or in addition thereto, assess monetary penalties of a civil nature not
				to exceed one thousand dollars per violation in any case in which it finds that
				the licensee, or any partner, officer, director, owner of five percent or more
				of the assets of the nursing home, or managing employee has failed or refused
				to comply with any requirement of chapters 74.46 RCW or 388-96 WAC.
(2) The department may fine a contractor or
				former contractor or any partner, officer, director, owner of five percent or
				more of the stock of a current or former corporate contractor, or managing
				agent for the following but not limited to the following:
(a) Failure to file a mathematically accurate
				and complete cost report, including a final cost report, on or prior to the
				applicable due date established by this chapter or authorized by extension
				granted in writing by the department;
(b) Failure to permit an audit authorized by
				this chapter or to grant access to all records and documents deemed necessary
				by the department to complete such an audit;
(c) Has knowingly or with reason to know made
				a false statement of a material fact in any record required by this chapter
				and/or chapter 74.46 RCW;
(d)
				Refused to allow representatives or agents of the department to inspect all
				books, records, and files required by this chapter to be maintained or any
				portion of the premises of the nursing home;
(e) Willfully prevented, interfered with, or
				attempted to impede in any way the work of any duly authorized representative
				of the department and the lawful enforcement of any provision of this chapter
				and/or chapter 74.46 RCW; or
(f)
				Willfully prevented or interfered with any representative of the department in
				the preservation of evidence of any violation of any of the provisions of this
				chapter or chapter 74.46 RCW.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-310 - Interest on other excess payments

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any contractor obtaining benefits or payments under the medical assistance
				program to which such contractor is not entitled or in an amount to which such
				contractor is not entitled, shall be liable for such benefits or payments
				received and for interest on the amount of benefits or payments from the date
				of receipt until repayment is made to the department at the rate of one percent
				per month, unless the contractor establishes the overpayment was the result of
				errors made by the department.
(2)
				Interest charged by the department or interest expense incurred by the
				contractor, from whatever source, in making refund to the department shall not
				be reimbursable by the department as an allowable cost. The contractor may, by
				payment of a disputed settlement in whole or in part, stop accrual of interest
				on the amount paid. Such payment will be without prejudice to obtain review of
				a settlement determination.
Statutory Authority:
					 RCW
					 74.09.120. 83-19-047 (Order 2025), §
					 388-96-310, filed 9/16/83.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-366 - Facility records and handling of resident moneys

Current through Register Vol. 24-14, July 15, 2024
(1) A nursing facility may not require
				residents to deposit personal funds with the facility. A facility may hold a
				resident's personal funds only if the resident or resident's guardian provides
				written authorization.
(2) Once a
				nursing facility accepts the written authorization of the resident or
				resident's guardian, the facility shall hold, safeguard, and account for such
				personal funds under an established system in accordance with this chapter and
				chapter 74.46 RCW. For all resident moneys entrusted to the contractor and
				received by the contractor for the resident, the nursing facility shall
				establish and maintain a bookkeeping system incorporated into the business
				records and adequate for audit.
(3)
				The nursing facility shall maintain the resident's or guardian's written
				authorization in the resident's file. The facility shall deposit any resident's
				personal funds in excess of fifty dollars in an interest-bearing resident
				personal fund account or accounts, separate from any of the facility's
				operating accounts, and credit all interest earned on an account to the
				account. With respect to any other personal funds, the facility shall keep such
				funds in a noninterest-bearing account or petty cash fund maintained for
				residents.
(4) The facility shall
				give the resident at least a quarterly reporting of all financial transactions
				involving personal funds held for the resident by the facility. Also, the
				facility shall send the representative payee, the guardian, or other designated
				agents of the resident a copy of the quarterly accounting report.
(5) The nursing facility shall further
				maintain a written record of all personal property deposited with the facility
				for safekeeping by or for the resident. The facility shall issue or obtain
				written receipts upon taking possession or disposing of such property and
				retain copies and/or originals of such receipts. The facility shall maintain
				records adequate for audit.
(6) The
				facility shall purchase a surety bond, or otherwise provide assurances or
				security satisfactory to the department, to assure the security of all personal
				funds of residents deposited with the facility.
Statutory Authority: Chapter 74.46 RCW, 2010 1st sp.s. c
					 34, and 2010 1st sp.s. c 37 § 958. 11-05-068, § 388-96-366, filed
					 2/14/11, effective 2/26/11. Statutory Authority:
					 RCW
					 74.46.800,
					 74.42.620 and
					 74.09.120. 90-20-075 (Order 3070),
					 § 388-96-366, filed 9/28/90, effective 10/1/90. Statutory Authority:
					 RCW
					 74.46.800. 87-09-058 (Order 2485), §
					 388-96-366, filed 4/20/87; Order 1168, § 388-96-366, filed 11/3/76; Order
					 1114 § 388-96-366, filed 4/21/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-369 - The nursing facility shall maintain a subsidiary ledger with an account for each resident for whom the facility holds money

Current through Register Vol. 24-14, July 15, 2024
(1) The facility shall assure a full and
				complete separate accounting of each resident's personal funds. Each account
				record and related supporting information and documentation shall:
(a) Be maintained at the facility;
(b) Be kept current;
(c) Be balanced each month; and
(d) Show in writing and in detail, with
				supporting verification, all moneys received on behalf of the individual
				resident and the disposition of all moneys so received.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-96 - Wage equity funding › Section 388-96-372 - The nursing facility may maintain a petty cash fund originating from resident personal funds of an amount reasonable and necessary for the size of the facility and the needs of the residents

Current through Register Vol. 24-14, July 15, 2024
(1) This petty cash fund shall be an imprest
				fund limited to one thousand dollars unless the facility demonstrates good
				cause for the department to grant a higher limit. All moneys over and above the
				petty cash limit shall be deposited intact in an interest bearing account or
				accounts maintained for resident personal funds, separate and apart from any
				other bank account of the facility or other facilities. All interest earned on
				an account containing resident personal funds shall be credited to such
				account.
(2) Cash deposits of
				recipient allowances must be made intact to the resident personal fund account
				within one week from the time that payment is received from the department,
				Social Security Administration, or other payer.
(3) Any related bankbooks, bank statements,
				checkbook, check register, and all voided and cancelled checks, shall be made
				available for audit and inspection by a department representative, and shall be
				maintained by the home for not less than four years.
(4) No service charges for such checking
				account shall be paid by residents or deducted from resident personal
				funds.
(5) The resident personal
				fund account or accounts per bank shall be reconciled monthly to the resident
				personal funds per resident ledgers.
Statutory Authority:
					 RCW
					 74.46.431(11) and (12),
					 74.46.800, chapter 74.46 RCW, 2004
					 c 276 § 913, 2001 1st sp.s. c 8. 04-21-027, § 388-96-372, filed
					 10/13/04, effective 11/13/04. Statutory Authority:
					 RCW
					 74.46.800,
					 74.42.620 and
					 74.09.120. 90-20-075 (Order 3070),
					 § 388-96-372, filed 9/28/90, effective 10/1/90. Statutory Authority:
					 RCW
					 74.09.120. 83-19-047 (Order 2025), §
					 388-96-372, filed 9/16/83; Order 1114, § 388-96-372, filed
					 4/21/76.