Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-341 - Behavioral health agency licensing and certification requirements › BEHAVIORAL HEALTH-AGENCY LICENSURE AND CERTIFICATION › Section 246-341-0335 - Agency licensure and certification-Denials, suspensions, revocations, and penalties

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  will deny issuing or renewing an agency's license or certification(s), place an
				  agency on probation, or suspend, or revoke an agency's license or
				  certification, for any of the following reasons:
(a) The agency fails to meet applicable
				  requirements in this chapter, chapters 71.24, 71.05, 71.34, and 71.12 RCW, or
				  RCW
				  41.05.750.
(b) The agency fails to cooperate or disrupts
				  department representatives during an on-site review or complaint
				  investigation.
(c) The agency fails
				  to assist the department in conducting individual interviews with either staff
				  members or individuals receiving services, or both.
(d) An agency owner, governing person of a
				  nonprofit corporation or agency administrator:
(i) Had any license or certification issued
				  by the department subsequently denied, suspended, revoked, or any other
				  sanction placed upon a license;
(ii) Was convicted of child abuse or
				  adjudicated as a perpetrator of a founded child protective services
				  report;
(iii) Was convicted of
				  abuse of a vulnerable adult or adjudicated as a perpetrator of substantiated
				  abuse of a vulnerable adult. A vulnerable adult means the same as defined in
				  RCW
				  74.34.020;
(iv) Obtained or attempted to obtain a health
				  provider license, certification, or registration by fraudulent means or
				  misrepresentation;
(v) Committed,
				  permitted, aided or abetted the committing of an illegal act or unprofessional
				  conduct as defined under
				  RCW
				  18.130.180;
(vi) Demonstrated cruelty, abuse, negligence,
				  misconduct, or indifference to the welfare of an individual or displayed acts
				  of discrimination;
(vii)
				  Misappropriated patient (individual) property or resources;
(viii) Failed to meet financial obligations
				  or contracted service commitments that affect care of individuals;
(ix) Has a history of noncompliance with
				  state or federal rules in an agency with which the applicant has been
				  affiliated;
(x) Knowingly, or with
				  reason to know, made a false statement of fact or failed to submit necessary
				  information in:
(A) The submitted application
				  or materials attached; or
(B) Any
				  matter under department investigation.
(xi) Refused to allow the department access
				  to view records, files, books, or portions of the premises relating to
				  operation of the program;
(xii)
				  Willfully interfered with the preservation of material information or attempted
				  to impede the work of an authorized department representative;
(xiii) Is currently debarred, suspended,
				  proposed for debarment, declared ineligible, or voluntarily excluded from
				  participating in transactions involving certain federal funds (this also
				  applies to any person or business entity named in the agency's application for
				  licensure or certification);
(xiv)
				  Does not meet background check requirements;
(xv) Fails to provide satisfactory
				  application materials; or
(xvi)
				  Advertises the agency as certified when licensing or certification has not been
				  granted, or has been revoked or canceled.
(e) The department determines there is
				  imminent risk to health and safety.
(f) The agency's licensure or certification
				  is in probationary status and the agency fails to correct the noted health and
				  safety deficiencies within the agreed-upon time frames.