reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Codes and Standards in New Construction › Section 388-97-3580 - Local codes and ordinances in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must:
(1) Follow all local ordinances relating to
					 zoning, building, and environmental standards; and
(2) Obtain all local permits before
					 construction and keep permits on file at the nursing home.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3580, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Administration and Public Areas in New Construction › Section 388-97-3600 - Entrances and exits in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must have the main entrances and exits
						sheltered from the weather and barrier free accessible in accordance with
						chapter 51-50 WAC.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3600, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Administration and Public Areas in New Construction › Section 388-97-3620 - Lobbies in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must have a lobby or area in close
						proximity to the main entrance that is barrier free accessible and
						includes:
(1) Waiting space with
					 seating accommodations;
(2) A
					 reception and information area;
(3)
					 Space to accommodate persons in wheelchairs;
(4) A public restroom;
(5) A drinking fountain; and
(6) A public telephone.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3620, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Administration and Public Areas in New Construction › Section 388-97-3640 - Interview space in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must have interview spaces for private
						interviews relating to social service and admission.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3640, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Administration and Public Areas in New Construction › Section 388-97-3660 - Offices in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must provide:
(1) Office space convenient to the work area
					 for the administrator, the director of nursing services, medical records staff,
					 social services staff, activities director, and other personnel as
					 appropriate;
(2) Work space for
					 physicians and outside consultants;
(3) Space for locked storage of health
					 records which provides for fire and water protection; and
(4) Space for the safe storage and handling
					 of financial and business records.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3660, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Administration and Public Areas in New Construction › Section 388-97-3680 - Inservice education space in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must provide space for employee
						inservice education that will not infringe upon resident
						space.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3680, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Administration and Public Areas in New Construction › Section 388-97-3700 - Staff areas in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure a lounge, lockers, and
						toilets are provided convenient to the work areas for employees and
						volunteers.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3700, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Visiting, Private, and Outdoor Recreation Space and Walkways in New Construction › Section 388-97-3720 - Visiting and private space in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must design a separate room or areas for
						residents to have family and friends visit and for residents to spend time
						alone. The nursing home must ensure these areas provide:
(1) Space which facilitates conversation and
					 privacy; and
(2) Access to a
					 common-use toilet facility.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3720, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Visiting, Private, and Outdoor Recreation Space and Walkways in New Construction › Section 388-97-3740 - Outdoor recreation space and walkways in new construction

Current through Register Vol. 24-14, July 15, 2024
A nursing home must provide a safe, protected outdoor
						area for resident use. The nursing home must ensure the outdoor area
						has:
(1) Shaded and sheltered areas to
					 meet residents needs;
(2)
					 Accessible walking surfaces which are firm, stable, and free from cracks and
					 abrupt changes with a maximum of one inch between sidewalk and adjoining
					 landscape areas;
(3) Sufficient
					 space and outdoor furniture provided with flexibility in arrangement of the
					 furniture to accommodate residents who use wheelchairs and mobility
					 aids;
(4) Shrubs, natural foliage,
					 and trees; and
(5) If used as a
					 resident courtyard, the outdoor area must not be used for public or service
					 deliveries.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3740, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Pools and Pharmacies in New Construction › Section 388-97-3760 - Pools in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure swimming pools, spas, and
						tubs which remain filled between uses meet the requirements in chapter 246-260
						WAC.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3760, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Pools and Pharmacies in New Construction › Section 388-97-3780 - Pharmacies in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure that an on-site pharmacy
						meets the requirements of the Washington state board of pharmacy per
						chapters
						18.64 RCW and 246-865
						WAC.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3780, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › General Design Requirements in New Construction › Section 388-97-3800 - Elevators in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must:
(1) Ensure that all buildings having
					 residential use areas or service areas that are not located on the main
					 entrance floor, have an elevator; and
(2) Have at least one elevator sized to
					 accommodate a resident bed and attendant for each sixty beds on floors other
					 than the main entrance floor.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3800, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › General Design Requirements in New Construction › Section 388-97-3840 - Walking surfaces in a new building or addition

Current through Register Vol. 24-14, July 15, 2024
The nursing must ensure that:
(1) An abrupt change in the walking surface
					 level including at door thresholds which are greater than one quarter inch are
					 beveled to a one vertical in two horizontal; and
(2) Changes in the walking surface level
					 greater than one half inch are accomplished by means of a ramp with a maximum
					 slope of one vertical in twelve horizontal.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3840, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › General Design Requirements in New Construction › Section 388-97-3860 - Doors in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure doors to:
(1) Resident rooms provide a minimum of
					 forty-four inches clear width;
(2)
					 Resident bathrooms and toilet rooms are a minimum of thirty-two inches clear
					 width for wheelchair access;
(3)
					 All resident toilet rooms and bathing facilities open outward except if doors
					 open directly into a resident occupied corridor;
(4) Toilet rooms and bathrooms have single
					 action locks, and a means of unlocking doors from the outside;
(5) Occupied areas do not swing into
					 corridors; and
(6) All passages are
					 arranged so that doors do not open onto or obstruct other doors while
					 maintaining resident dignity.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3860, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › General Design Requirements in New Construction › Section 388-97-3880 - Floor finishes in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure:
(1) Floors at all outside entrances have
					 slip-resistant finishes both inside and outside the entrance even when wet;
					 and
(2) All uncarpeted floors are
					 smooth, nonabsorbent and easily cleanable.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3880, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › General Design Requirements in New Construction › Section 388-97-3900 - Carpets in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure that department of health,
						construction review approves of all carpet installation.
(1) Carpets may be used in all areas except:
					 Toilet rooms, bathrooms, kitchen, laundry, utility rooms, medication rooms,
					 maintenance, isolation rooms if provided, and areas subject to high moisture or
					 flooding. Specifications for acceptable carpeting are:
(a) Pile yarn fibers are easily
					 cleanable;
(b) Pile is looped
					 texture in all resident use areas. Cut pile may be used in nonresident use
					 areas;
(c) Average pile density of
					 five thousand ounces per cubic yard in resident use areas and four thousand
					 ounces per cubic yard in nonresident areas. The formula for calculating the
					 density of the carpet is: Yarn weight in ounces times 36, divided by pile
					 height in inches equals ounces per cubic yard of density; and
(d) A maximum pile height of .255 inches in
					 resident use areas and .312 inches in nonresident use areas.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › General Design Requirements in New Construction › Section 388-97-3920 - Coving in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure:
(1) Kitchens, restrooms, laundry, utility
					 rooms, and bathing areas have integral coves of continuous commercial grade
					 sheet vinyl, bullnose ceramic tile or sealed bullnose quarry tile at least six
					 inches in height; and
(2) All other
					 wall junctions have either integral coving or top set base with toe.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3920, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › General Design Requirements in New Construction › Section 388-97-3940 - Walls in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure:
(1) Wall finishes are easily
					 cleanable;
(2) A water-resistant
					 finish extends above the splash line in all rooms or areas subject to splash or
					 spray, such as bathing facilities with tubs only, toilet rooms, janitors'
					 closets, and can-wash areas; and
(3) Bathing facilities with showers have a
					 water-resistant finish extending to the ceiling.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3940, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › General Design Requirements in New Construction › Section 388-97-3960 - Accessories in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must provide the following accessories
						with the necessary backing, if required, for mounting:
(1) Usable countertop area and mirror at each
					 handwashing sink in toilet rooms and resident rooms;
(2) Towel or robe hooks at each handwashing
					 sink in resident rooms and at each bathing facility;
(3) A robe hook at each bathing facility,
					 toilet room and in examination room or therapy area, including outpatient
					 therapy rooms;
(4) A securely
					 mounted toilet paper holder properly located within easy reach of the user at
					 each toilet fixture;
(5) Sanitary
					 seat covers at each public and employee use toilet;
(6) Open front toilet seats on all
					 toilets;
(7) Dispensers for paper
					 towels and handwashing soap at each handwashing sink, and bathing
					 facility;
(8) Sanitary napkin
					 dispensers and disposers in public and employee women's toilet rooms;
					 and
(9) Grab bars that are easily
					 cleanable and resistant to corrosion and securely mounted.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3960, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › General Design Requirements in New Construction › Section 388-97-3980 - Miscellaneous in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure:
(1) Rooms and service areas are identified by
					 visible and tactile signs, refer to WAC
					 388-97-2900(2) 
					 for possible exceptions; and
(2)
					 Equipment and casework is designed, manufactured and installed for ease of
					 proper cleaning and maintenance, and suitable for the functions of each
					 area.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-3980, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Heating, Ventilation, and Air Conditioning Systems in New Construction › Section 388-97-4000 - Heating systems in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure:
(1) The heating system is capable of
					 maintaining a temperature of seventy-five degrees Fahrenheit for areas occupied
					 by residents and seventy degrees Fahrenheit for nonresident areas;
(2) Resident rooms have individual
					 temperature control, except in a dementia care unit controls may be covered,
					 locked, or placed in an inconspicuous place;
(3) The following is insulated within the
					 building:
(a) Pipes conducting hot water
					 which are exposed to resident contact; and
(b) Air ducts and casings with outside
					 surface temperatures below ambient dew point.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Heating, Ventilation, and Air Conditioning Systems in New Construction › Section 388-97-4020 - Cooling systems in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must have:
(1) A mechanical cooling system capable of
					 maintaining a temperature of seventy-five degrees Fahrenheit for areas occupied
					 by residents; and
(2) A cooling
					 system that has mechanical refrigeration equipment to provide summer air
					 conditioning to resident areas, food preparation areas, laundry, medication
					 rooms, and therapy areas by either a central system with distribution ducts or
					 piping, or packaged room or zonal air conditioners.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-4020, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Heating, Ventilation, and Air Conditioning Systems in New Construction › Section 388-97-4040 - Ventilation systems in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure:
(1) Ventilation of all rooms is designed to
					 prevent objectionable odors, condensation, and direct drafts on the
					 residents;
(2) All habitable space
					 is mechanically ventilated including:
(a) Air
					 supply and air exhaust systems;
(b)
					 Installation of air-handling duct systems according to the requirements of the
					 International Mechanical Code and chapter 51-52 WAC;
(c) Installation of supply registers and
					 return air grilles at least three inches above the floor;
(d) Installation of exhaust grilles on or
					 near the ceiling; and
(e) Outdoor
					 air intakes located a minimum of twenty-five feet from the exhaust from any
					 ventilating system, combustion equipment, or areas which may collect vehicular
					 exhaust and other noxious fumes, and a minimum of ten feet from plumbing vents.
					 The nursing home must locate the bottom of outdoor air intakes serving central
					 systems a minimum of three feet above adjoining grade level or, if installed
					 through the roof, three feet above the highest adjoining roof level.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Plumbing and Fixtures in New Construction › Section 388-97-4060 - Handwashing sinks in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must provide a handwashing sink in each
						toilet room and exam room.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-4060, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Plumbing and Fixtures in New Construction › Section 388-97-4080 - Drinking fountains in new construction

Current through Register Vol. 24-14, July 15, 2024
Where drinking fountains are installed, the nursing home
						must ensure the fountains are of the inclined jet, sanitary
						type.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-4080, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Plumbing and Fixtures in New Construction › Section 388-97-4100 - Mixing valves or mixing faucets in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must provide each fixture, except toilet
						fixtures and special use fixtures, with hot and cold water through a mixing
						valve or mixing faucet.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-4100, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Plumbing and Fixtures in New Construction › Section 388-97-4120 - Spouts in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must ensure all lavatories and sinks in
						resident rooms, resident toilet rooms, and utility and medication areas have
						gooseneck spouts, without aerators in areas requiring infection
						control.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-4120, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter II - PHYSICAL ENVIRONMENT › Plumbing and Fixtures in New Construction › Section 388-97-4140 - Faucet controls in new construction

Current through Register Vol. 24-14, July 15, 2024
The nursing home must provide wrist blade, single-lever
						controls or their equivalent at all sinks and lavatories. The nursing home
						must:
(1) Provide at least four inch
					 wrist blades and/or single-levers;
(2) Provide sufficient space for full open
					 and closed operation; and
(3)
					 Color-code and label faucet controls to indicate "hot" and "cold."
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-4140, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Initial License Application › Section 388-97-4160 - Initial nursing home license

Current through Register Vol. 24-14, July 15, 2024
(1)
					 A complete nursing home license application must be:
(a) Submitted at least sixty days prior to
					 the proposed effective date of the license on forms designated by the
					 department;
(b) Signed by the
					 proposed licensee or the proposed licensee's authorized
					 representative;
(c) Notarized;
					 and
(d) Reviewed by the department
					 in accordance with this chapter.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Initial License Application › Section 388-97-4166 - Liability insurance required

Current through Register Vol. 24-14, July 15, 2024
The nursing home must:
(1) Obtain liability insurance upon licensure
					 and maintain the insurance as required in WAC
					 388-97-4167 and
					 388-97-4168; and
(2) Have evidence of liability insurance
					 coverage available if requested by the department.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW. 10-02-021, §
						  388-97-4166, filed 12/29/09, effective
						  1/29/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Initial License Application › Section 388-97-4167 - Liability insurance required - Commercial general liability insurance or business liability insurance coverage

Current through Register Vol. 24-14, July 15, 2024
The nursing home must have commercial general liability
						insurance or business liability insurance that includes:
(1) Coverage for the acts and omissions of
					 any employee and volunteer;
(2)
					 Coverage for bodily injury, property damage, and contractual
					 liability;
(3) Coverage for
					 premises, operations, independent contractors, products-completed operations,
					 personal injury, advertising injury, and liability assumed under an insured
					 contract; and
(4) Minimum limits
					 of:
(a) Each occurrence at one million
					 dollars; and
(b) General aggregate
					 at two million dollars.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Initial License Application › Section 388-97-4168 - Liability insurance required - Professional liability insurance coverage

Current through Register Vol. 24-14, July 15, 2024
The nursing home must have professional liability
						insurance or errors and omissions insurance. The insurance must include:
(1) Coverage for losses caused by errors and
					 omissions of the nursing home, its employees, and volunteers; and
(2) Minimum limits of:
(a) Each occurrence at one million dollars;
					 and
(b) Aggregate at two million
					 dollars.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › License Renewal › Section 388-97-4180 - Nursing home license renewal

Current through Register Vol. 24-14, July 15, 2024
(1)
					 All nursing home licenses must be renewed annually.
(2) License renewals must be:
(a) Submitted at least thirty days prior to
					 the license's expiration date on forms designated by the department;
(b) Signed by the current licensee;
					 and
(c) Reviewed by the department
					 in accordance with this chapter.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Department Review of License Applications and Appeals › Section 388-97-4200 - Department review of initial nursing home license applications

Current through Register Vol. 24-14, July 15, 2024
(1) All initial
					 nursing home license applications must be reviewed by the department under this
					 chapter.
(2) The department will
					 not begin review of an incomplete license application.
(3) The proposed licensee must respond to any
					 department request for additional information within five working
					 days.
(4) When the application is
					 determined to be complete, the department will consider the proposed licensee
					 or any partner, officer, director, managerial employee, or owner of five
					 percent or more of the proposed licensee, separately and jointly, in its
					 review. The department will review:
(a) The
					 information contained in the application;
(b) Survey and complaint investigation
					 citations in every facility each individual and entity named in the application
					 has been affiliated with during the past ten years;
(c) Compliance history;
(d) Financial assessments;
(e) Actions against the proposed licensee
					 (i.e., revocation, suspension, refusal to renew, etc.);
(f) All criminal convictions, and relevant
					 civil or administrative actions or findings including, but not limited to,
					 findings, including professional disciplinary actions, and findings of abuse,
					 neglect, exploitation, abandonment, or domestic violence resulting from a civil
					 adjudication proceeding; and
(g)
					 Other relevant information.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Department Review of License Applications and Appeals › Section 388-97-4220 - Reasons for denial, suspension, modification, revocation of, or refusal to renew a nursing home license

Current through Register Vol. 24-14, July 15, 2024
(1)
					 The department may deny, suspend, modify, revoke, or refuse to renew a nursing
					 home license when the department finds the proposed or current licensee, or any
					 partner, officer, director, managing employee, owner of five percent or more of
					 the proposed or current licensee of the nursing home, owner of five percent or
					 more of the assets of the nursing home, proposed or current administrator, or
					 employee or individual providing nursing home care or services has:
(a) Failed or refused to comply with the:
(i) Requirements established by
					 chapters
					 18.51,
					 74.42, or 74.46 RCW and by
					 regulations adopted under these chapters; or
(ii) Medicaid requirements of Title XIX of
					 the Social Security Act and medicaid regulations, including 42 C.F.R., Part
					 483.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Department Review of License Applications and Appeals › Section 388-97-4240 - Appeal of the department's licensing decision

Current through Register Vol. 24-14, July 15, 2024
A proposed or current licensee contesting a department
						licensing decision must file a written request for an administrative hearing
						within twenty days of receipt of the decision.
The appeals process and requirements are set forth in WAC
						388-97-4440.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-4240, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Management Agreements and Changes of Ownership › Section 388-97-4260 - Management agreements

Current through Register Vol. 24-14, July 15, 2024
(1) The licensee
					 is responsible for the daily operations of the nursing home.
(2) As used in this section:
(a)
"Management agreement,"
means a written, executed, agreement between the licensee and another
					 individual or entity regarding the provision of certain services in a nursing
					 home; and
(b)
"Manager"
refers to the individual or entity providing services
					 under a management agreement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Management Agreements and Changes of Ownership › Section 388-97-4280 - Change of ownership

Current through Register Vol. 24-14, July 15, 2024
(1) A change of
					 ownership occurs when there is a substitution, elimination, or withdrawal of
					 the licensee or a substitution of control of the licensee.
"Control,"
as used in this section, means the possession, directly
					 or indirectly, of the power to direct the management, operation, and policies
					 of the licensee, whether through ownership, voting control, by agreement, by
					 contract or otherwise. Events which constitute a change of ownership include,
					 but are not limited to, the following:
(a) The
					 form of legal organization of the licensee is changed (e.g., a sole proprietor
					 forms a partnership or corporation);
(b) The licensee transfers ownership of the
					 nursing home business enterprise to another party regardless of whether
					 ownership of some or all of the real property and/or personal property assets
					 of the facility is also transferred;
(c) Dissolution or consolidation of the
					 entity;
(d) Merger unless the
					 licensee survives the merger and there is not a change in control of the
					 licensee;
(e) If, during any
					 continuous twenty-four month period, fifty percent or more of the entity is
					 transferred, whether by a single transaction or multiple transactions, to:
(i) A different party (e.g., new or former
					 shareholders); or
(ii) An
					 individual or entity that had less than a five percent ownership interest in
					 the nursing home at the time of the first transaction; or
(f) Any other event or combination of events
					 that the department determines results in a:
(i) Substitution, elimination, or withdrawal
					 of the licensee; or
(ii)
					 Substitution of control of the licensee responsible for the daily operational
					 decisions of the nursing home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Licensed Bed Capacity, Relocation of Residents and License Relinquishment › Section 388-97-4300 - Licensed bed capacity

Current through Register Vol. 24-14, July 15, 2024
A nursing home must not be licensed for a capacity that
						exceeds the number of beds permitted under:
(1) This chapter;
(2)Chapter 70.38 RCW and regulations
					 thereunder; or
(3) Applicable local
					 zoning, building or other such regulations.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-4300, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Licensed Bed Capacity, Relocation of Residents and License Relinquishment › Section 388-97-4320 - Relocation of residents

Current through Register Vol. 24-14, July 15, 2024
(1) In the
					 event of license revocation or suspension, decertification, or other emergency
					 closures the department will:
(a) Notify
					 residents and, when appropriate, resident representatives of the
					 action;
(b) Assist with residents'
					 relocation and identify possible alternative living choices and locations;
					 and
(c) The nursing home will
					 assist the residents to the extent it is directed to do so by the
					 department.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter III - NURSING HOME LICENSE › Licensed Bed Capacity, Relocation of Residents and License Relinquishment › Section 388-97-4340 - License relinquishment

Current through Register Vol. 24-14, July 15, 2024
(1) A
					 nursing home licensee must voluntarily relinquish its license when:
(a) The nursing home ceases to do business as
					 a nursing home; and
(b) Within
					 twenty-four hours after the last resident is discharged from the
					 facility.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4360 - Inspections and deficiency citation report

Current through Register Vol. 24-14, July 15, 2024
(1) The department may inspect nursing homes
				  at any time in order to determine compliance with the requirements of
				  chapters
				  18.51 or
				  74.42 RCW and this chapter. Types
				  of state inspections in nursing homes include preoccupancy, licensing, revisit,
				  and complaint investigation. In the case of a medicaid or medicare contractor,
				  or both, the department may also inspect medicare and medicaid certified
				  nursing homes to determine compliance with the requirements of Title XVIII
				  and/or XIX of the Social Security Act and federal medicare and medicaid
				  regulations.
(2) The department
				  will provide to the nursing home written documentation (notice) of the nursing
				  home's deficiency(ies), the requirement that the deficiency(ies) violates, and
				  the reasons for the determination of noncompliance with the requirements
				  (RCW
				  18.51.091 ).
(3) The department may revisit the nursing
				  home to confirm that corrections of deficiencies has been made. Revisits will
				  be made:
(a) In accordance with
				  RCW
				  74.39A.060(5)(e);
(b) In the case of a medicare or medicaid
				  contractor, or both, in accordance with the requirements of Title XVIII or XIX,
				  or both of the Social Security Act and federal medicare and medicaid
				  regulations; and
(c) At the
				  department's discretion.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4361 - Inspection timelines

Current through Register Vol. 24-14, July 15, 2024
(1) In response
				  to the COVID-19 pandemic, the governor suspended the requirement for the
				  department to conduct general periodic inspections of nursing homes under
				  RCW
				  18.51.091 and
				  18.51.230.
(2) During the suspension of the general
				  periodic inspection requirements, the department continued to conduct complaint
				  investigations in nursing homes when it became aware of information that
				  indicated an immediate threat to resident health and safety may
				  exist.
(3) The department must
				  prioritize and resume general periodic inspections of nursing homes affected by
				  the suspension of the inspection requirements by applying the following
				  criteria collectively:
(a) The department has
				  identified an ongoing threat to the health and safety of residents through one
				  or more reported complaints, previous inspections, or previous
				  investigations;
(b) Whether the
				  nursing home has had a state or federal remedy imposed in the last 24
				  months;
(c) The length of time
				  since the last general periodic inspection of the nursing home; and
(d) Any requirements imposed by the centers
				  for medicare and medicaid services, including those for facilities designated
				  as special focus facilities.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4380 - Plan of correction

Current through Register Vol. 24-14, July 15, 2024
(1) The licensee
				  or nursing home must, within ten calendar days of notification of the cited
				  deficiencies prepare, sign, date and provide to the department a detailed
				  written plan of correction. Such plan of correction will provide notification
				  to the department of the date by which the nursing home will complete the
				  correction of cited deficiencies. The plan of correction must be completed
				  regardless of whether the licensee requests an informal department review in
				  accordance in WAC
				  388-97-4420.
(2) A plan of correction is not required for
				  deficiencies at a severity level 1/isolated scope as described in WAC
				  388-97-4500, unless specifically
				  requested by the department.
(3) In
				  the case of actual or imminent threat to resident health or safety/immediate
				  jeopardy (severity level 4 as described in WAC
				  388-97-4500 ), the department may
				  require the licensee or nursing home to submit a document alleging that the
				  imminent threat has been removed within a time frame specified by the
				  department. The document must specify the steps the nursing home has taken or
				  will take to correct the imminent harm. An allegation that the imminent harm
				  has been removed does not substitute for the plan of correction as required by
				  subsection (1) of this section but it will become a part of the completed plan
				  of correction.
Statutory Authority:
						Chapters
						18.51 and
						74.42 RCW and
						42 C.F.R.
						489.52. 08-20-062, § 388-97-4380, filed
						9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4400 - Acceptable and unacceptable plans of correction

Current through Register Vol. 24-14, July 15, 2024
(1) A plan of correction must:
(a) Address how corrective action will be
				  accomplished for those residents found to have been affected by the deficient
				  practice;
(b) Address how the
				  nursing home will identify other residents having the potential to be affected
				  by the same deficient practice;
(c)
				  Address what measures will be put into place or systemic changes made to ensure
				  that the deficient practice will not recur;
(d) Indicate how the nursing home plans to
				  monitor its performance to make sure that solutions are sustained, including
				  how the plan of correction will be integrated into the nursing home's quality
				  assurance system;
(e) Give the
				  title of the person who is responsible for assuring lasting correction;
				  and
(f) Give the date by which the
				  correction will be made.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4420 - Informal department review

Current through Register Vol. 24-14, July 15, 2024
(1) For
				  medicare or medicaid certified nursing homes, the informal department review
				  process described in this section is the only opportunity for the nursing home
				  to dispute the federal deficiency citation report, unless a federal sanction is
				  imposed.
(2) The nursing home
				  licensee has the right to an informal department review of disputed state or
				  federal citations, or both.
(3) A
				  licensee must make a written request for an informal department review within
				  ten calendar days of receipt of the department's written deficiency citation(s)
				  report. The request must be directed to the department's designated local aging
				  and disability services administration office and must identify the
				  deficiencies that are being disputed.
(4) At the informal department review, the
				  licensee or nursing home may provide documentation and verbal explanations
				  related to the disputed federal or state deficiencies, or both.
(5) When modifications or deletions are made
				  to the disputed federal or state deficiency citations, or both, the licensee or
				  nursing home must modify or delete the relevant portions of the plan of
				  correction within five days of receipt of the modified or deleted
				  deficiency(ies). The licensee or nursing home may request from the department a
				  clean copy of the revised deficiency citation report.
(6) If the licensee or nursing home is
				  unwilling to provide the modified plan of correction, the department may impose
				  a per day civil fine for failure to return the modified deficiency citation
				  report to the department in accordance with this subsection.
Statutory Authority:
						Chapters
						18.51 and
						74.42 RCW and
						42 C.F.R.
						489.52. 08-20-062, § 388-97-4420, filed
						9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4425 - 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 facility
				  or to the individual 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;
(5) Notice is delivered to a legal messenger
				  service with charges prepaid; or
(6) Notice is sent electronically, including
				  through the federal website.
Statutory Authority:
						Chapters
						18.51 and
						74.42 RCW. 10-02-021, §
						388-97-4425, filed 12/29/09, effective
						1/29/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4430 - 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 nursing home or to the individual to whom the
				  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;
(4) Proof of fax transmission; or
(5) Proof of electronic
				  transmission.
Statutory Authority:
						Chapters
						18.51 and
						74.42 RCW. 10-02-021, §
						388-97-4430, filed 12/29/09, effective
						1/29/10.